Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-09-06
0 U COLONY GRANTS.
bona Ana County Colony Grants Confirmed
BY the Land Court.
ADO MINE GRANT REJECTED.

The court OF private land claims had a
brief session Monday morning at which
several important decisions were handed
dow1. A motion for the rehearing OF
the Embudo grant case made by the
claimants was oyerfuled. The grant Is
In Rio Arribs county, is stated to have
been made July IL, 1875, and Is claimed
by Antonio Griego ct al. the claim being
for 5000 acres. The opinion was by
Judge Murray.
The bona Ana county colony grants
were confirmed In an opinion by Chief
Justice Reed. IA follows:
judgment Of confirmation will be- en-.
terea In each OF these cases.
We hold ~ that the grants were su-
thorized by the decree OF the president OF
the Republic OF Mexico OF the 10Th of
August. lsis, which provided for the
transportation OF Mexican citizens re.
naming In the portions ceded TO the
United States by the treaty OF Guadalupe
HidaIg0 10 Mexico, and their settlement
then. aud the regulations for the settle
ment OF such emigrsnts and their organ
ization into civil colonies, promulgated
by the governor OF the state OF Chihuahua
on the 23rd OF May. 1851, and hat the
proceedings In each case we're In sub.
stantisl compliance with the require
ments OF such decree and regulations.
2. That the effect OF the grants was
to vest Ia the individuals composing the
colonies such interest In the agricultural
lands allotted TO them ~ the United
states were bound by the treaty OF 1853
to recognize aud protect, and that the
individual grantees, having complied
With the conditions OF the grants AZ 10
Oocupany and cultivation, are now en-
titled TO be vested with title 10 these
lands, rs against the United States.
3. That the grant OF eight lots In
each case for the benefit OF the corpora
tions, OF n tract for the pasturage OF
work oxen, and n square league for
p%astnrage. etc was IN absolute grant in
PRESENT. TO the colony, and the Mexican
government reserved no interest or power
OF disposition therein.
MIR. Justice Murray dissents from this
holding as to the square league for pas
turage.
4. That In the case OF the Mesilla and
ttti tOiouitN, tiit httiblS are HIuntT-
ly brought under the provisions Of sec
ton III OF the act OF congress-, approved
March 3, 1891, creating this court, in the
names Of the corporations and tho con-
tirmations Of the allotted lands will be 10
the corporations in trust for the owners.
The confirmation OF the eight lots
granted for the benefit OF the corpora
tons. the tract for the pasturage OF work
nvan mud thu laannA Tor naasnFata mill
be 10 the corporations In their corporate
capacity. But the confirmation as TO the
league for nasturage will be limited to
one league. IL more than that amount
was set aside In any case, as 10 the ex-
cess, IL was void for want OF authority.
b. In Case No. 1877 there does not ap-
pear TO be an existing corporation, but
the action Is brought by two individuals
who hold interests and rights under the
grant, and they allegs that they bring
the action for themselves and all other
persons having interests In common with
them. We hold that In the absence OF a
corporation the action may he maintained
in that form. From that holding Mr..
Justice Murray dissents. The connrma-
ton in that case will be to the original
grantees and their Successors In inter
est.
9 Under the regulations the grants
we're required to be deposited with the
town council OF nj Paso del Norte. They
we're 10 deposited, and constituted a
record within the meaning OF the treaty
Of 1853.
Z. In the case OF Mesilla q claim Ia
made for the old bed OF the Rio Grande.
The proceedings fix the river as the
| aaltarn ~hnnn1arV SnhaounanfIv thu
course Of the river changed, and a chan
mel was formed west OF the agricultural
lands. We hold that this change did not
effect the eastern boundary OF the grant,
but that ii remains at the western mar
| gin OF the old bed OF the river.
The four grants included In the bona
Ana county colony cases are the Santo
Tomas de Yturbide colony grant, alleged
to have been made In 1850. and claimed
by Rafaeia 6. de Bsrelo ct al, who
claimed two leagues; the Jose Manuel
Sanchez Baca grant. claimed to have
been made In 1853, and claimed by the
corporation OF Jose Manuel Sanchez Baca
grant, who claimed n square league;
the grant OF the colony OF Refugio ct al,
claimed to have been made prior to June
4, 1851, for l,7S7,500 square ysras; the
Mesilla colony grant, probably made In
1850, and claimed to include four square
leagues, and claimed by the incorporation
Of Mesilla and Jesus 0choa ct al, the
latter claiming %, 1870. 10 acres.
The court In IN opinion by Judge
sluss rejected the Nuestra Sonora de
Guadalupe mine or Abo mine grant In
Valencia county. The claimants are
Eduardo Otero ct al and ElOsia Bergere
ct al. The grant was alleged to have
been made In 1912.