The herald., 1896-06-08
LANDS NR0NGFU[LY HELD
Under Alleged Spanish and
Mexican Grants
HON. ZACH MONTGOMERY
Drafts Z Bill to be introduced Ia Con.
gress
II Will Subject These Lands to the Operation
- the Homestead Laws-Au Emil
nent Lawyers Approval

The following bill has been drafted
| by the Hon. Zach Montgomery of this
city, and the legal representative of the
Arizona, New Mexico and California
Settlers league, an organization with a
large membership widely scattered
over the Southwest. The object of the
Settlers league is to secure such con-
gressional action as will result in throw
ing open for settlement large tracts OF
land which are now. it is alleged, illeg-
ally held or claimed by corporations and
individuals. This bill will be intro
duced in congress at the earliest prac-
ticable moment and pushed to an issue.
1t has. as will be seen by the accompany
ing letter from Hon. A. H. Garland, ex-
| attorney-general of the United States,
the approval of that distinguished law
yer. In view of the vast interests in
volved and the important possibilities
of the outcome of the settlers move, the
latter should be subject of considera-
BILE popular interest. The title and text
of the bill Is as follows:
A bill to be entitled IAN act to sub
ject to the operation of the homestead
laws certain lands now wrongfully held
in large tracts by corporations and indl-
viduals illegally claimed to have been
granted by the Spanish and Mexican
government.
Section l. Be 1t enacted that from and
after the passage of this act all lands
wrongfully claimed adversely to the
United States by any one individual,
company or corporation in larger guam
titles than one quarter section either
under a void patent or under voidable
decree of confirmation or voidable sur
vey, where such illegal claim rests upon
an alleged Spanish or Mexican grant,
shall to the extent of such wrongful
claim be subject to the operation of
the United States homestead laws, as
modified by this act.
Sec. 2. Any citizen of the United States
entitled to avail himself or herself of
the benefit of the homestead laws, and
desirous Of securing homestead upon
a quarter section or any smaller legal
subdivision of lands the rightful prop
erty of the United States, but hitherto
withheld from homestead settlement, by
reason of its having been Illegally claim
ed, under an alleged Spanish or Mexi-
can grant, and covered either by void
patent, or other wrongful claim of title.
not protected by the limitation statute Of
March g. 1891, may secure such home
stead in the manner hereinafter pro-
vided.
Sec. 8 Any such qualified homestead
settler may make selection of one quar-
ter section or any smaller legal
subdivision of such lands the
rightful property of the United
States so wrongfully held as
aforesaid, either under void patent
or under any alleged grant, decree of
confirmation or survey voidable in
equity because Of fraud. collusion, sup
preston of evidence or other illegal
practices, and may commence and prose-
cute in his own name and at his own ex-
pense in the proper court, on behalf of
the United States, an action against such
wrongful claimant or claimants, in or
1av n a dnnrnn
quieting the governments title to any
land so selected which is or may be
wrongfully claimed under any void pat
ent, or others so called, but void muni-
ment of title; or in order to vacate and
set aside in whole or in part any illegal
and voidable grant, decree of confirma-
ton, survey or other illegal and un-
authorized proceedings. under and
through which said land is so wrong
fully and illegally claimed; or may join
in the same suit both an action to have q
void patent so adjudged to be void; and
also to have an illegal grant, decree of
confirmation, or survey annulled or
modified on account of mistake, collus-
ion. fraud or other illegal practices af-
fecting the title, legal or equitable, to
the land so SCSected as aforesaid. And
be it enacted that any such homestead
settler. for the purpose of instituting,
maintaining and prosecuting to final
suits shall be clothed with all the power
and authority that the United States
might or could exercise if such suit were
by and in the name of the United States
government instead of such homestead
settler. Provided, however, that this
act shall not be so construed as to au-
thorize any suit barred by an act of con-
gress, passed March 8. 1891, entitled AN
act to repeal the timber culture laws
and other purposes.
Sec. 4. From and after the COM
mencement of any such suit, the particu-
lar land the title to which is or may be
involved therein (if finally adjudged to
be the property of the United States)
shall be held and reserved from sale, or
other disposition by the government
for the period of ninety days after the
final determination of said litigation, for
the benefit of such homestead settler.
During said ninety days said homestead
settler must make his homestead filing
in the proper land office, and also begin
his settlement and residence on said
land unless prevented from so doing by
sickness, accident, or deferred by vio-
lence, or some other equally insur-
mountable obstacle; otherwise the land
shall be open to homestead filing and set
tlement by another. Provided, further
that said ninety days limitation for
such filing and settlement shall only
apply to lands that shall have been legal
ly surveyed and sectionized at the date
of such final determination. AS to other
lands. said ninety days shall begin to
run - days after publication of no.
tice of final approved survey of such
lands.
Sec. 5. In order to avoid multiplicity
of suits, any number of citizens of the
United States qualified to avail them
selves of the benefits of the homestead
laws, who have hitherto voluntarily as
sociated themselves, or who may here
after voluntarily associate themselves
together, either as an Independent or as
a branch association, for the purpose of
defeating any illegal and spurious Span
lsh or Mexican claim or claims to lands
justly belonging to the United States
and situated in whole or in part in the
county where such independent or
branch association exists and holds it's
meetings, and where a majority of it's
members reside, may on behalf of the
United States either in the name of such
association or Of its president, or both
and for the benefit of it's members,
whether such association be incorpor-
ated or unncorporated, commence and
prosecute any such suit or suits against
the wrongful claimants of such lands
in the same manner as provided for in
the preceding sections of this act, and
with the same forcd and effect as the
government might or could do, provided
that in actions successfully prosecuted
by and in the name of such associa-
tion. or of its president or both, the land
recovered from any such illegal claim
ant, or the title to which may be quieted
as against such claimant, shall be and