Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-02-25
TBE ALBUQUERQUE GRANT.
Council Takes Steps to Defend It's Con-
flrmatiOn In Supreme Court.
ATTORNEY ?. W. CLANCY EMPLOYED.

Mayor Albright called special meet
ing OF the council for last night to re-
ceive the report of the committee ap
pointed the evening before to look up the
title OF the Albuquerque land grant.
Ihe committee made the following re-
port:
Albuquerque, n. NJ, Feb. "a, 1898.
TO the honorable Mayor and Board Of
Aldermen OF the city OF Albuquerque:
"G yntlemen-Your committee appoint
cd at the meeting held on February 23d,
Tor the purpose OF taking measures to
protect the interest OF the settlers within
the Albuquerque grant, beg leave TO re
port:
We called upon +. W. Clancy, ESQ
he being one OF the counsel who repre-
sented ths city before the court of pri.
yate claims, and from him we learned
that the city council, as long ago as Oe-
tober 20, 1895. was notified OF
the fact that the United States
Ead taken an appeal from
the decree OF the court OF private land
claims confirming the Albuquerque
grant, as appears by a letter by Mr
Clancy TO the city council, q copy OF
Wnlcn IL hereto annexed.
1.-The employment OF the attorneys who
represented the city in this matter was
distinctly limited TO their presentation OF
ne claims. and no one appears for the
cliy IN the supreme court OF the United
states. The case will be reached very
shortly In the supreme court, and inas
much AZ our infOrma ion IL TO the effect
inst the facts In the case OF the Albu.
qu' rque grant, IA presented In the land
court, are different from those
NJ the Santa Fe grant, recently
decided, and, too, that there Is qups
lion ~ TO whether the appeal was taken
10y the Tn d States within the time pro-
'ldei by law, this committee is Of the
opinion that steps should be taken AT
once to have the city represented in the
supreme court Of the United States and
20 that end would recommend that Y. W.
Clancy, Esq, De employed a. special
counsel In the case, he being familiar
with all the proceedings thus far had.
Respectfully submitted.
20. n. MARION,
"a. LOMBARDO,
M. &. OTERO,
Committee"
The letter Of Mr.. Clancy referred to is
as follows:
October 30, 1896.
To the Honorable Mayor and City
Cil VI the City OF Albuquerque:
"Gentlemen-At the time | was en-
saged, In connection with Mr. X. W.
DJbson, 10 prosecute the claim of the
city IN the court Of private land claims
iur The confirmation Of the Albuquerque
grant, we found that there was conflict
between our claim and the claim OF the
people OF Atrisco. The AtriscO grant had
not then been filed in the court and the
conflict between the two grants
cOuld not then be adjudlcated,
and we would have been greatly de
layed II we had waited until the
AtriscO grant was ready for trial.
The city authorities and the whole com
munity were very desiTOus that the con.
tirmation should be had as speedily AS
pOsslble. Under these circumstances we
pressed the case To a trial and obtained
but in order to do so speed
lily, we had TO agree that there might
be inserted In the decree of cOnfirma-
tlOn reservation OF power TO the
court 10 modify the decree il II should
afterwards appear that the right under
the Atrlsco grant was superior TO ours. A
long time afterwards the AtriseO grant
came on for trial and the court held
that II WAS older than the begin
ming Of the villa OF Albuduefdue
and therefore was superior In right. |
AT the last term Of the land court
an order was entered modifying onr
decree OF confirmation as 10 exclude from
the Albuquerque grant 80 much OF the
land on the west side Of the river as falls
within the AtriscO boundaries.
"The attorney for the United States has
now taken an appeal In the Albuquerque
case TO the supreme court of the United |
states, claiming that our decree was not |
final until this last order was entered OF |
the original decree OF confirmation shall |
be considered as the hnal decree, the time |
has long since passed within which he |
could appeal.
AS one Of the representatives OF the |
city In the case In the land court, feel |
II my duty 20 report this matter 10 you
for such action as you may deem proper. |
Very respectfully, IF. W. CLANCY"
On motion OF Alderman Montfort, sec |
onded by Alderman Iierney, the report |
was adopted and the committee con |
tinued with power 10 employ Mr.. Clancy |
as attorney in the case.
The council then adjourned.
X, c. mutton and spring lamb at the
SAN JOSE MARKET.