Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1904-07-26
ZIMMERMAN
LOSES OUT
General Land Office Affirms De.
cision in Favor Of Manager
Fritchman.
AN INTEREST
ING OPINION
Reservoir Site Of Santa Fe Water and
Light Company Involved in
Controversy.

VVUlIVveIoy,
The opinion of the general land
flee, affirming the decision of the fe'
eral land officials in this city, in tn
case of William H. Friedman, manal
er of the Santa Fe Water and Ligt
Company, VS.. John L. Zimmerman,
contest involving homestead entry M
1851 for the N IL NV IA, lots 1 an
2, section 21, and lots 1 and 2, sectio
20, township II north, range 10 east
is of interest on account of the Law
points passed upon and the fact tina
the entry covered part of the reservoi
site of the Santa Fe Water and Ligh
Company Incidentally, the opinion
scores the defendant or appellant. Tht
opinion which also reviews the his
tory of the points at issue, is as fol
lows:
Register and Receiver, Santa Fe, New
Mexico.
Gentlemen-On August 26, 1903
John l.. Zimmerman made homestead
entry No. 1881 for lots 1 and 2, section
80, and lots 1 and 2 and the N IL
NV ia, section 81, T II N, R 10 E, and
on September 23, 1908, William H
Friedman filed an affidavit of contest
against said entry, alleging as follows;
"That he is we'll acquainted with
the tracts of land embraced in home.
stead entry No. 1881 by John L. Zim-
norman, made August 26, 1903, for the
N 10 NV IA, and lots / and 2 of Sec
ton 21, and. lots 1 and 2 of section 20,
in fraction township II north, range
10 east, of the New Mexico meridian,
and knows the present condition Of the
said land; that the said homestead en-
try is illegal and fraudulent and should
be declared void and cancelled; that
the said John L. Zimmerman did not
make said homestead entry in good
faith and with bona fide intentions, but
with the object of securing said land
for speculative purposes; that said
land is unfit for homestead purposes
and was not entered by the said Zim-
norman for the purpose of making a
Iona fde home and place of residence
thereon, exclusive of home elsewhere
but for speculation; that part of said
land, viz: Lots 1 and of said section
20 and a part of lot 1 and NV IA NV
IA of said section 21 is not public do
main, as this affiant is informed and
believes, but is private property and Is
within the established boundaries and
in the limits of the grant to the city Of
Santa Fe, New Mexico, under and by
virtue of the act of Congress approved
April 8, 1900, and that the lines of the
public surveys is said fractional town.
ship II north, range 10 east, have been
erroneously closed upon and connected
with the east boundary of said Santa
Fe grant; that part of said land, viz:
Lots / and of said section 81 and lot
2 of said section 20 is now and has
been for several years last past used
and occupied as public reservoir and
for reservoir purposes, and as such has
been used for the purpose of trade and
business, and for commercial purposes,
from which reservoir the city of Santa
Fe, New Mexico, is supplied with wat
er for fire, street sprinkling and other
public purposes, and from which reser-
voir the inhabitants of the said city of
Santa Fe and vicinity are supplied with
water for domestic and irrigation pur-
poses; that the said reservoir Is partly
located upon said grant to the city of
Santa Fe, partly upon Talaya Hill
grant and partly upon said lots and 2
of said section 81, and was until re-
Gently, believed to be entirely upon
said grants; that the said John L. Zim-
is the county surveyor of the
said county of Santa Fe and has also
acted in the capacity of city engineer
of the said city of Santa Fe, and rely
ing upon the honesty and competency
of the said Zimmerman, the owners of
said reservoir and the pipe lines and
bitches connected Herewith employed
the said Zimmerman in his capacity as
and engineer to make a sur
vey of the land upon which said reser-
voir Is located with the view Of as
certaining II any portion OF the same
was located upon alleged public do
main, and If so. to take such steps as
might be necessary to protect their
rights to the use and occupation OF the
same for reservoir purposes; that said
Zimmerman accepted such employ
ment, and made survey of said lands
and a Mat NJ tho same hearing his GER
tificate under date May IL, 1908, which
plat is now in the possession Of this
aff1ant, and upon which it appears that
a part of said reservoir is located upon
said lots l and 2 Of said section 81:
that subsequently and on August 26,
1908. the said Zimmerman made his
said homestead entry of the said land,
basing his knowledge of the legal de-
scription and status of the said land
upon the Information he had obtained