The evening times., 1900-01-04
THE MEXICAN LANDGRANf
A Decision by Justice Hagner in the
Famous Las Vegas Claim.
A Long Legal Dispute as 20 the Own
ershfp of Half Million Acres of
Valuable PrOperty-ActiOn of the
Secretary of the Interior and Con-
gress i'm Regard to the Matter.

! Justice Hagner. OF the District Supreme
| Court, has handed down a decision in
"a very important land case involving
| the question as TO whom the pat
/ ent should issue in what is known as he
/ Las Vegas Mexican land grant
| In 1885 the Mexican Government made a
grant Of about half million acres Of land
to certain citizens of the Territory Of New
Mexico. By the treaty between the United
States and Mexico. in 1915. this Govern
ment pledged itself to protect all titles to
property in the ceded territory, as they
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 10 give notice to JIl
holders Of land grants IN New Mexico 10
appear before him and establish their
claims.
In 1859 some Of the grantees in the Las
Vegas grant presented their claim 70 The
surveyor general who after Investigation,
reported the same 70 Congress as valid
grant. and recommended that il be cO1-
frmed. In emitting the case he stated the
claimants 10 be the town Of Las Vegas,
Out III tUt tbls f- -lAf u tgAt u -tt-NotA
that the grant made to 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 De issued 10
the town Of Las Vegas or 70 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
town of Las Vegas, but no patent having
been issued, in 1898, representatives Of the
town OF Las Vegas filed petition In the
Department Of the Interior praying that
patent issue to the town OF Las Vegas.
Pablo Maese and about 100 others. occu-
pying the grant. filed petition iuterven-
ing asking that the patent be issued TO the
original grantees and their heirs.
The case was exhaustiyeiy argued, both
orally and upon brief before the Secretary,
who finally decided that the patent should
issue to the town of Las Vegas.
Pablo Maese and others claiming 10 be
descendants Of the original grantees filed
their bill in the Supreme Court Of the D.s-
trict for an Injunction 10 restrain the See
retary of the Interior and the Commission
er OF the General Land Office from issuing
a patent 10 the town Of Las Vegas, aIleg-
ing in their bill that there Is not now, and
never was any incorporated town by that
name having any defined boundaries or le-
gal existence, and hat there was no place
ny the name Of the town OF Las Vegas ca
pable of taking title 10 real estate.
They further alleged thai the grant was
made TO individuals. and had been confirm
ed to individuals. The contention Of the
complanants was that the surveyor gen.
eral had reported to Congress that the
grant made TO Juan de DiOs Maese and 9TH
ers vested title in them and their heirs,
and that this Government had pledged it
self to protect the title as held under the
Mexican Government.
That it could not be presumed that the
Congress of the United States. when it
confirmed the report of the surveyor gen
eral intended to put title to this large
body of land in town, the effect of which
would be to take the title out of the origi-
nal grantees, and thus interfere 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. -.-
Justice Hagner, in his decision. holds |
that the grant was confirmed to the town of |
Las Vegas: that under the act of Congress |
the Land Department has only a minis |
terial act to perform in the issuing of the
patent and that it must follow the con
hrmatoTy act OF Congress.
The contention of the cOmplainants is |