Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-09-04
.FOURCOLONY GRANTS
Dona Ana County Colony Grants
Were Confirmed By the
Land Court.
ADO MINE GRANT REJECTED
Important Decisions by the 0ourto Of Private
Land Olaims-Judge Murray Hands
Down a Dissenting Opinion Court
Will Adjourn Tomorrow.

The court of private land claims had a
brief session this morning at which sew
eral important decisions were handed
down. A motion for the r~ehearing of
the Embudo grant case made by the
claimants was overruled. The grant is
in Rio Arriba county, is stated to have
been made July II, 1925 and is claimed
by Antonio Griego ct al, the claim being
for $4,000 acres. The opinion was by
Judge Murray.
The Dona Ana county colony grants
were confirmed in an opinion by Chief
Justice Reed, as follows:
A judgment of confirmation will be
entered in each of these cases.
We hold ID that the grants were III
thorized by the decree of the president
Of the Republic of Mexico of the 10th
of August, 1S48, which provided for the
transportation of Mexican citizens re-
naming in the portions coded to the
United States by the treaty Of Guada-
lupe Hidalgo to Mexico, and their set
tlement then, and the regulations for
the settlement of such emigrants and
their organization into civil colonies,
promulgated by the governor of the
state of Chihuahua on the 23d of May,
1851, and hat the proceedings in each
case We're in substantial compliance
with the requirements of such decree
and regulations.
2. That the effect of the grants was
to vest in the individuals composing the
colonies such interest in the agricultur-
al lands allotted to them as the United
States were bound by the treaty of 1853
to recognize and protect, and that the
individual grantees, having compiled
with the conditions If the grants as to
occupancy and cultivation, are now en-
titled to be vested with title to these
lands, as against the United States.
3. That the grant of eight lots in each
case for the benefit of the corporations,
of a tract for the p%asturage of work
oxen, and one square league for pas
turage, ETC., was an absolute grant in
PRESENT. to the colony, and the Mexican
government reserved no interest or
power of disposition therein.
Mr.. Justice Murray dissents from this
holding as to the square league for pas
turage.
4. That in the cases of Mesilla and
erly brought under the provisions of
erly brought. Under the provisions of
section II of the act of congress, ap-
proved March 3, 1891, creating this
court, in the names of the corpora
tions and the combinations of the al
lotted lands will be to the corporations
in trust for the owners. The confirma-
ton of the eight lots granted for the
benefit of the corporations, the tract for
the pasturage of work oxen, and the
league for %pasturage, will be to the cor
porations in their corporate capacity.
But the confirmation as to the league
for pasturage will be limited to one
league. If more than that amount was
set aside in any case, as to the excess,
it was void for want of authority.
S. In case No. 1877 there does not ap-
pear to be an existing corporation, but
the action is brought by two individ-
uals who hold interests and rights I'm
der the grant, and they allege that they
bring the action for themselves and all
other persons having interests in COM
mon with them. We hold that in the
absence of a corporation the action may
be maintained in that form. From that
| laJl;,r M, T,,otioa M11rroyr dfSoanfS
The confirmation in that case will be to
the original grantees and their success
sors in interest.
6. Under the regulations the grants
were required ito be deposited with the
town council of Ell Paso del Norte. They
were so deposited, and constituted a
record within the meaning Of the treaty
of 1853.
Z. In the case of Mesilla a claim Is
made for the old bed of the Rio Grande.
The proceedings fix the river as the
eastern boundary. Subsequently the
! course of the river changed, and a
channel was formed west of the agri-
cultural lands. We hold that this
change did not effect the eastern bound
airy of the grant, but that it remains at
| the western margin of the old bed of
the river.
The four grants included in the Dona
Ana county colony cases are the Santo
Tomas de Yturbide colony grant, al
legged to have been made in 1850, and
claimed by Rafaela G.. de Barelo 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 m square
league; the grant of the colony of Refu-
gio ct al, claimed to have been made
prior to June 4, 1851, for 1,787, 500 square
varas; the Mesilla colony grant, prob
ably made in 1850, and claimed to in
clude four square leagues, and claimed
by the Incorporation Of Mesilla and Je-
sus Ochoa ct al, the latter claiming
rs, 130.19 acres.
The court in an 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 Eloisa Bergere
ct al. The grant was alleged to have
been made in 1912.
The court will probably adjourn to-
morrow afternoon.