The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-01-04
The MEXICAN LANDGRANq
A Decision by Justice Hagner in the
Famous Las Vegas Claim.
4 Long Legal Dispute as 10 the own
ershiP of Half "A Million Acres of
Valuable PrOPerty-ActiOn Of the
Secretary OF the Interior and Con-
EresS in Regard TO the Matter.

Justice Haguer, Of the District Supreme
Court has handed down decision in
a very important land case involving
the question as 10 whom the Pat
enJ should issue in what is known rs he
Las Vegas Mexican land grant.
In 1875 the Mexican Government made a
grant Of about half a million acres Of land
TO certain citizens Of the Territory Of New
Mexico. By the treaty between the United
States and Mexico. in IS4S, This Govern
nent pledged itself to protect all titles to
were held and enjoyed under The laws Of
Mexico.
Subsequent TO the ratification OF that
treaty, IN about The year 1854 by acJ OF
Congress the Surveyor General Of New
Mexico was directed 90 give notice 20 III
holders of land grants IN New Mexico 10
appear before him and establish their
claims.
In 1893 some Of the grantees in the Las
VEGAS grant presented their claim 70 The
surveyor general. who after Investigation,
reported the same 20 Congress as valid
grant. and recommended that IL he co1-
hrmed. IN emitting the case he stated the
claimants 10 be the town OF Las Vegas.
but in the body OF the report he stated
that the grant made 20 the individuals
named therein was valid.
In that shape his report was confirmed.
and the contention before the court now
Is whether the patent should be issued 10
the town OF Las Vegas or 20 the original
grantees named IL the grant, their heirs
and assigns.
In 1891 Secretary Of the Interior Noble
decided that the patent should issue 10 the
r.HHH r.HrHs ONT rr
been issued in 1885, Representatives of the
town OF Las Vegas filed a petition in the
Department Of the Interior praying that a
patent issue 10 the town OF Las Vegas
Pablo Ma6se and about 100 others, Occu-
pying the grant, hIed petition iaterven-
ing, asking that the patent be issued 10 the
original grantees and their heirs.
The case was Cxhaustiveiy argued, both
orally and upon brief, before the Secretary.
who finally decided that the patent should
issue TO the town Of Las Vegas.
Pablo M8ese and others claiming 20 be
descendants OF the original grantees fled
their bin in the Supreme Court Of the DIS
trict for an Injunction 10 restrain the Sec
Rotary Of the Interior and the Commission
or OF the General Land Once from issuing
a patent 70 the town Of Las Vegas, aIleg-
ing in their bill that there Is not now, and
never was. any incorporated town By that
gal existence, and that there was no place
by the name CT the town Of Las Vegas ca
pable of taking title 10 real estate. -.r
They further alleged thai the grant was
made 10 individuals, and had been confirm
ed to individuals. The contention Of the
cOmplainants was that the surveyor gen
eral had reported 10 Congress that the
grant made 20 Juan de DiOs Maese and 9th
ers vested title in them and their heirs.
and that this Government had pledged it
self 10 protect the title as held under the
Mexican Government.
That it could not be presumed that the
Congress OF the United States. when il
confirmed the report of the surveyor gen
eral, intended TO put title 20 this large
body OF land In a town. the effect Of which
would be to take the title out OF the origi-
nal grantees, and thus interiors with the
title to the property, the very thing that
the Government had pledged itself. in its
treaty with Mexico, that il would not do
in any instance .e-
Justice Hagner. in his decision. holds
that the grant vas confirmed 10 The town Of
Las Vegas; that under the act OF Congress
the Land Department has only a minis
terlal act 10 perform in the issuing of the
patent. and thar il must follow The con
hrmatory acT OF Congress.
The contention Of the compliments is