Santa Fe daily New Mexican., 1897-10-05
CANON DE SAN DIEGO GRANT
story OF II Notable Land Controversy
in New MexicO-Appeaied to the
U. y. supreme Court.

In an interview with reporter of the
Globe-D Democrat on the 30th instant, Hon.
Matt G. Reynolds, attorney for the United
States court of private land claims, ac,
knowledged that one of the most i'm
portant grants to be tried by the Su-
preme court is the "Canon de San Diego
grant.
This case will be reached in Washing
ton on the 10Th instant, and, as it is a
case of very general Importance, the fina'
result of which is being watched with
great interest, the NEW MEXICAN gives
below a brief history of the case.
Many years ago there lived in the Ca
non de San Diego, in this territory, two
Spanish gentlemen, by the name of Fran
cisco and Jose Antonio Garcia de No
riega. They were brothers, and, for many
years, we're government interpreters for
the Navsjoes. In 1888, the two brothers
asked the governor for grant to the
Canon de San Diego on which they lived.
On the 9th day of January, 1888, the
governor and captain general granted
the petition of the Garoias and ordered
the chief aloalde, Don Antonio de Ar
menta, to place them in formal posses
sion of the lands they had asked for. On
the 9th of February, 1888, the said alcal-
de placed the two brc theirs in possession
of the land they had asked for with the
boundaries mentioned in their petition.
For ten years the Garcias lived on their
grant in quiet and undisturbed posses
sion. In 1889 the two Garcias and ls
others petitioned the governor for guam
tity of vacant land in the same section
and the boundaries called for embraced
and included all the land granted to the
Garcias.
The new petitioners were brothers and
relatives of the Garcias. The governor
granted the petition and ordered the chief
alcalde, Don Antonio Armenia, to place
the grantees IN possession. On the 14th
of March, 1898, the said alcalde proceeded
to place the new grantees in possession
but before doing 80, and while all were
present, the two Garcias declared in a
loud and clear voice, which all heard, be-
cause they shouted with much distinct
ness, that their grant should not be af'
fected by the grant to the new settlers,
and they all unanimously agreed to abide
by what was said by the Garcias, as they
asked nothing but what was just"
All the above is matter of official rec
ord. From the date of the first grant in
1888 to 1908 the two Garcias remained in
q uiet and undisturbed possession of their
land. In 1908, however, the new grantees
took possession of some lands within the
boundaries of the Garcia grant and
claimed to have perfect right to do So
because the boundaries of their grant in
oluded all of the former grant. One oi
the Garclas, Don Francisco, had been
killed by the Navsjoes, but his brother
Don Antonio, was living On the grant.
He at once made complaint to the al
calde against the trespassers, and he, the
alcalde, submitted the question to the
governor and captain general for decision
The governor in replying to the alcalde
under date of December ID, 1908, says:
advised of your official mmunication
and the document you accompany, have
to state that the subject does not require
any decision from me inasmuch as the
grant to the Garcias makes their right
clear, which grant being older always has
the preference"
When the case was tried by the land
court three of the judges rejected the
Garcia grant on the ground that the same
had been merged irtu the latter grant.
Justices Murray and Stone dissented,
and, Judge Murray, in an elaborate
opinion, declares that the first grant be-
ing perfect and complete in every respect
is not merged into the other grant and
that it should be confirmed. This is the
question to be decided by the Supreme
Court the United States.