Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-09-05
GRANT DECISIONS
Proceedings Of the United States
Court of Private Land Claims
Today,
OPINION IN ADO MINE CASE
An Interesting Review of the Early Law in
Relation to Acquiring Mines-The AL
calde Had No Authority in the
Abo Mining Case.


The court Of private land claims, in
an opinion by Judge Sluss, this forenoon
confirmed the Santa Cruz grant. The
claimants are Frank Becker ct al. The
grant is situated in Santa Fe county,
and is claimed to have been made No.
vember 25, 1894. The area claimed is
As, 900 acres. Hon. T. B.. Catron is attor-
the court, by Justice Sluss, was as fol-
lows:
I'm the case of Frank Becker ct al.
VS.. the United States, for the confirma-
had a great deal of trouble in arriving
at a conclusion, but have concluded to
a conclusion, which is that
the grant documents, taken in connec-
ly show that the community was given
the land up to the place of Chimayo, in
the Santa Cruz valley; that they We're
given that portion of the valley land in
the Rio Grande lying between the
southern limit of the San Juan Pueblo
and the north line of the Mesa de San
1ldefonso, except that portion of these
valley lands contained within the linn
it's of the Santa Clara league. I do not
deem it essential to give our reasons for
arriving at that conclusion. One diff
Guilty that we experienced is that there
is not sufficient evidence before us to
enable us to delineate the lands which
we desire to confirm. If the gentlemen
representing the claimants and the gov
eminent can agree upon a delineation
of these lands we are prepared to accept
it and enter it in the decree. The idea
that We desire to incorporate in the de-
cree is that what is known as the agri-
cultural lands, the valley lands, as we
discover them in these two valleys,
shall be confirmed, but that what is
ordinarily known as pasture lands and
commons will not be included in the
decree. The main contention has been
as to the east boundary, which we find
to be at the place of Chimayo. AS to
h other features of the decree, the
confirmation will go in the name of
some one of the original settlers under
the De Vargas decree, in trust for all
persons holding under that decree, as
we'll as others, valid Spanish or Mex
lean grants, their descendants and sue
cessors in interest. If counsel cannot
agree upon a delineation of these lands
we will be under the necessity of ap-
pointing a commissioner to go up there
as it can be done"
The court also confirmed the Fernan-
do de Taos grant in part. The grant is
claimed by Juan Santistevan ct al. for
been made in 1896. The court confirmed
all the allotments lying outside the pat
ented square league of the Indian pueb-
10 of Taos. 1t could not confirm the
allotments within the Indian pueblo be-
cause there had been an adjudication
with the Indians by the Spanish gov
ernor in 1915, IN adjudication which he
had a right to make. The court also in
timated that there is some doubt about
the boundaries of the confirmed allot-
ments, and that unless both sides agree
to boundaries a commissioner will be
appointed to fix them. Hon. T. B. Cat
ron represented the plaintiffs in this
case.
Hon. Frank Springer presented a de-
cree of confirmation of the Mesilla col
ony grant, which had been confirmed by
the court the day before.
Judge N. B. Laughlin took an appeal
on behalf of the claimants in the EN-
budo grant case. G. H. Howard, Esq,
on behalfo of the claimants, also took an
appeal in the San Antonio de las Huer-
tas grant, in Bernalillo county.
The following is the text of the opin-
ion rendered yesterday in the Abo mine
grant by Judge Sluss against the claim
ants, Edmund Otero, Eloisa Bergere ct
al, the property being in Valencia
county and alleged to have been grant
ed in 1912:
The claim for confirmation in this
case rests upon an adjudication of the
mine claimed to Jose Chaves y Noriega
and Juan Turnot by Jose Pine, an al
calde, on October 81, 1912.
The question to be determined is
whether the alcalde was authorized by
the laws then in force to adjudicate, or,
in other words, grant the right to a
mine.
by a royal ordinance issued by the
king of Spain May %, 1888, the method
of obtaining the right to a mine as we'll
as the whole subject of the
ment of mining matters in Mexico was
fully provided for. After the independ-
ence Of Mexico this ordinance contin-
ued in force until amended or suppressed
ed by the legislation of Mexico. The or
dinance provided that a person seeking
to obtain title to a mine should appear
before the deputation Of mining of that
mining district, or If there was no min
ing deputation in the district, then to
the one nearest; that he should set
forth in his statement the name, birth