Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-02-05
LAND GRANT INVOLVED.
Important New Mexico Case Coming
Up in Congress.
EFFORT TO QUIET TITLE.

A special dispatch from Washington,
under date of February 2, says
Congressman George w. Smith. of
Illinois, chairman of the house COM
mittee on private land claims, will call
up for consideration this week meas
ure that involves the title to an i'm
mense tract of land in New Mexico,
and has in it's many complications a
romance connected with the early set
tlement of the territory.
The bill in qeustion was introduced
by Mr.. Tayler, of Ohio. at the instance
of number of eastern capitalists who
are the present ostensible owners of
the land. The property is known as
the Arroyo de San Lorenzo grant, or
the Chaves grant, and Is as large as an
ordinary county. It has frontage of
three lies on the Rio Grande. On the
south it extends twenty-five and one
half miles west. then twelve and one
half miles north, and twenty-seven
miles southeast to the river, in all
about 10000 acres.
Away back in the early history of
Mexico, when the territory now known
as New Mexico was province OF the
Mexican government, the Indians were
exceedingly hostile and prevented the
settlement of the country. At that
time Anton Chaves had reputation
as an Indian fighter. To encourage
his location in the country the provfn-
cial Legislature of New Mexico made
this grant to him on condition that he
move to the district and clean out the
Indians. Chaves kept his part of the
contract and the grant was ceded to
him in 1925. He held the property for
twenty-five years. After his death his
widow disposed of it, and several
transfers were made, until in 1874, 1t
passed into the hands of the present
holders. There was some question OF
title, and an ex parte proceeding was
commenced in the court of private
land claims, where it was discovered
that the original grant to Chaves was
not perfect.
In the treaty between the United
States and Mexico in 1S4S, when New
Mexico became a possession of the
| United States, this government guar
anteed the protection of the bona fide
grants of land made by the Spanish
and Mexican governments in the ceded
| territory Somewhere in the course
of the proceedings in this case it was
discovered that there was an old Mex
| lean law by which grants made by
provinces were not recognized unless
they mad been approved by the central
/ government. This had not been done
in the Chaves case, the New Mexico
government either not knowing of the
law or failing for unknown reasons to
comply with its requirements. Chaves
and his heirs. with purchasers of the
property from them, have been in un-
disputed possession of the property
for more than seventy-five years and
the present holders are now seeking
to have the title quieted by act of con-
gress.
Delegate Rodey. of Ne wMexico. ar
gued a case before the supreme court
the other day in which another Span
ish grant is involved, dating back to
1868. This grant was made by the
Spanish government to Baltazar Baca
and two sons for services to the crown
and comprised about 10000 acres in
what is now Valencia county. N. M
After having had possession of the
property for more than 1870 years the
title is now in dispute, the congress OF
the United States having in 1869 con
irmed two other grants. which overlap
and completely absorb the Baca grant
The case has been in the courts foT
thirty years in one form or another
Mr.. Rodey will base one of his argu,
ments for the admission of New Mex
leo as state upon the need of re
vision of the land laws, such as can
only come under state control.