Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-09-05
SOME SWEEPING DECISIONS
The Petaca Grant Cut Down More
Than Observation-Disclosures
Land Court Opinions.
AN IMPORTANT DECISION FOR SANTA FE
The San Clemente Grant Confirmed to
Solomon Luna-A Big Days Work
and Its Results.

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tant decisions. One of the se was decis-
ion on the Petaca grant in Rio Arriba
county, case which the court has had
under advisement for some months. The
boundaries in controversy in the case
were those on the north and east. The
mai ority of the court in an opinion by
Justice Suss held that the grant was a
valid one; that the north boundary was
the Rio Ortiz hill at place called Las
Tusas, below the former site of Buck
mans mill, and that the south boundary
was the mesa de la Setila. The acreage
in the grant as confirmed is about 10000.
The grant as claimed contained about
$4,000 acres, so that the decision is
quite sweeping victory for the govern
ment. Justice Murray dissented on the
ground that there was, in his opinion, 30
valid grant and that the claim should be
rejected entirely.
Chief Justice Reed concurred with the
ma jority of the court in its conclusion as
to the validity of the grant, bat dissented
from the boundaries fixed by the decree.
Judge Sluss also handed down the upani-
nous opinion of the court rejecting the
claim of Mariana Otero to the Nuestra
Sonora de Los Dolores mine grant in
south Santa Fe county. 1t will be re-
mem bered that this grant as claimed
covered the Santa Fe Copper company
group of mines owned by Leonard
Lewisohn. The decision is an important
one not only on account of the value of
the property involved but it decides that
an alcalde or Judge of the first instance
had no authority at the date of this grant
In April, l846, to confer title to mines.
II is decisive of quite number of other
cases now pending in the land court.
Judge Stone handed down an opinion
of the court confirming the Cebolla grant
in Taos county, for the extent included
within the north and south boundaries
contended for by the government, being
the ridges respectively north and south
of the Iona river. The grant as claimed
extended as far north as Questa and as
far south as the town of San Cristoval.
This decision will give great satisfaction
to the miners and other persons claiming
under the government in that section Of
Taos county.
Judge Stone also announced decision
of the court rejecting the Barranca or
Geronimo Martin grant near Abiquiu, in
Rio Arriba county. The court held that
this grant was revoked by the Spanish
government and that this act was valid
exercise of his power. Judge Murray
dissented from the conclusion in the
Cebolla case on the ground that there was
no valid grant and that there had been
no record of the grant. These are suh-
stantially the same grounds urged by
Judge Murry against the confirmation of
the Petaca grant above referred to and in
the latter case he has filed an elaborate
and readable opinion.
On motion of Assistant U. s. Attorney
Pope orders were made this morning in
twenty or more cases requiring grant
claimants to bring into court adverse
possessors and claimants. In so many
of these cases have the grant claimants
failed to comply with the law that the
court has decided to take an adjournment
until November 8, in order that these
parties may be brought in. At that time
the trial of cases on the docket set for the
present term will be resumed. 1t is an
ticipated that an adjournment will be
reached this afternoon or Monday.
In addition to the foregoing proceed
ings, the court has entered a decree con-
firming the San Clemente grant in Va
lencia county for about $4,000 acres. 1t
will be remembered that this suit was
dismissed by the court during the pres
ent term on the ground that the claimant,
Col. Frank Chavez, had failed to connect
L "a h. h.
sequently an amendment was filed maxi
ing Mr.. Solomon Luna party and the
confirmation is for the benefit of himself
and of those who like him hold under the
original grantees. An interesting ques-
tion in this case was as to the location of
the north boundary of the grant. (which
is described to be "a little above the
old pueblo of San Clemente." The claim
ants contended that this old pueblo was
about two miles and half south of Is.
leta, while the government contended
that it was some distance farther south,
near the settlement of Los Lentes. The
governments contention, which WAS sup.
ported by the traditions of the Isleta In
dians, by Bandalier and by other authori-
ties, was sustained by the court, the
north boundary fixed being about three
quarters of a mile north of Los Lentes.
This claim involves some of the best land
on the Rio Grande and was perhaps the
most closely contested of any of the cases
tried at the present term of the land
court.
motion for a rehearing in the Ciene-
guilla grant case has been filed by Mr..
Fiske as attorney for the claimants,
Messrs. Lehman Spiegelberg and Antonio
Joseph. It will be recalled that this
grant was rejected by the court about
two weeks ago.