Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-12-18
THE U. s. LAND COURT.
Recent Decisions Of Moment to La
Belle and Red River Miners-In-
teresting story Related by
Judge stone.

During the recent term of the court O
private land claims a decision was rem
dered which is of special Importance te
the miners in La Belle and Red Rive,
mining districts, located in New Mexico
short distance south of the southern
boundary of Colorado, inasmuch as unde i
this decision operators in the districts
named can now 60, on and perfect their
titles. Boil of these mining districts
were covered by what is known as the
Canon de Rio Colorado grant, and until
the claim of the alleged grantees was dis
posed of no titles to mining property
could be secured, and consequently de-
velopment was greatly retarded. The
grant was not confirmed by the court, and
unless an appeal is taken, which is hardly
probable, patents will issue to the
HOLDERS OF MINING CLAIMS
who comply with the law. The ground
of the decision was that it was not made
by anyone having authority, it having
been made by the prefect of the district,
who was, under the Mexican regime, an
officer holding relatively the same posi-
tion as our county judge.
Judge Wilbur f. Stone, of the court oil
private land claims, tells an interesting
story of the manner in which these old
Mexican grants were made. "The Canon |
OF the Rio Colorado grant," said he, "was
a Mexican grant, and was never approved
by the proper officers. In those times
the governor or the provincial assembly
or the commandant or the national iunta.
under different laws, made the grant. The
order was then sent to the alcalde with
instructions to put the grantee in pos
session. This was done by
PULLING UP WEEDS,
throwing stones in The air, scratching
gravel sowing seed or in some other way
demonstrating possessory right, and
vas always very solemn and frequently
pompous proceeding, and was accom-.
panied with cries of "Long live the king"
n "Long live the republic" The alcalde
hen made thorough and detailed re-
'ort of his action in the premises. The ,
governors formal approval was then f
made, or if the action of the junta or \
provincial assembly wes necessary, the b
ecord of such action was made, and, to. q
ether with the application and all other
'apers in the case, was filed in the ar
hives and constituted the title to the
rant, copy of the same being sent to g
he grantee for his protection. In the T.
ase of the
CANON DE RIO COLORADO =
rant the original grantee was placed in o
ossession Of the territory by the prefect b
the first step. The prefeot then made
report to the governor of the province,
'lllng him what he had done. To this q
le governor replied repudiating the r.
ansaction, as having been without any
ladow of authority, but said that he d.
ould refer the matter to the junta. The fo
reject thereupon replied that there were sc
one who objected to the concession ex- ht
pt few men who had some cattle th
ere, to which the governor responded
at as the people had been put in pos
ssion they might remain there till the r
after was finally disposed. This was
e last that was done about it, and there
as nothing for our court to do but to
REFUSE TO CONFIRM THE GRANT.
"The court has nothing whatever to do
tn any mining interest that may lie
thin the boundaries of these grants. We
nply pass upon the titles to these old
'anish or Mexican grants. In any cases
which the lands involved were not
enRted from the public domain of Mex OF
,, it remains part of the public do ne
Ain of the United States, and miners
d others can enter upon the same in Sc
cordance with the laws and perfect title in
the manner prescribed. Ci
= But there is one feature of these grant
les which will require further legisla- hi,
m by congress. Unless the ro
RIGHT TO MINERAL DEPOSITS Oh
especially conveyed, it is excepted in
) patents given to claimants whose nj
les have been confirmed by the court. TO- ;u'
ey, therefore, own the surface of the ''i
I'd, but have no right to the mineral
the moment any one sets foot on the tnt
j and attempts to discover the mineral wh
becomes a trespasser and is liable to hu
oseoution as such. Legislation by con- VII
'ss Will be necessary to establish some
thod of condemning the land in which fro
neral exists, and even then prospect loa
will hardly institute condemnation at
,ceedings before he knows the mineral eac
be there, and that he can not ascertain era
he owner objects to the investiga-
n."-Denver Republican. ~
Notice for Publication. ~