Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1904-07-26


land adverse to his principals the ow
ers of said reservoir; that the actic
and conduct of the said Zimmerma
show bad faith and speculative inter
on his part and that his said hom
stead entry was made with view
interfering with the rights of tn
iowners of said reservoir. and the ult
mate sale of the said lands to them
that the said land is not agricultural
character, in that no portion of tn
same is suitable for cultivation, an
will not produce crops of any valu
whatever, and the said land is not agr
cultural in character in that it will nc
produce grass of any. value, and
wholly unfit for farming or grazing pu
poses; that the portion of said Ian
not covered by said reservoir is wortl
less for homestead, farming or grain
purposes, and is not the character Q
land one would enter in good faith ur
der the homestead law. as it would b
impossible for homesteader to max
a living for himself and family upo1
said land; that the said homestead en-
try of John L. Zimmerman was illegal
fraudulent and void from it's inception
in that large portion of the land en-
tered is within the true boundaries o1
the said Santa Fe grant, is private
property, and was not subject to loca
ton and entry under the homestead
law; that a portion of said lands was
at the date of said entry and had been
for several years prior thereto, used
and occupied for the purpose of trade
and business and for commercial pur-
poses and was not subject to entry un-
der the homestead laws; that said land
is not suitable for cultivation, the
growing of crops or for grazing pur-
poses, and is unfit for agricultural pur-
suits; that part of said land is and
has been for several years last past
used exclusively for the storage of
water in a reservoir from which by
pipe lines and bitches the city of San
ia Fe, and the inhabitants of said city
and vicinity, are supplied with water
for public, domestic and irrigation pur-
poses; that said Zimmermans connec-
tion with said land was as the agent
OF the owners of said reservoir and
water supply, and that he could not
take advantage of his principal to de-
prive them of any rights in the prem
ises. All of which this affiant is ready
to prove at such time as may be fixed
by the honorable register and receiver
OF the land office for a hearing in the
case; and affiant therefore asks to be
allowed to prove said allegations, and
that said homestead entry No. 1851,
may be declared cancelled and forfeit
ed to the United States. and that por-
ton of the land which is found to be
public domain be declared subject to
the rights of such water reservoir and
that portion of said land which is pri-
yate property and within the boundar-
les of the grant to the city of Santa
Fe restored to the private owners
thereof under said grant,"
On September rs, 1903, your office is
sued notice of contest citing the par
les to appear before your Office on No
7ember 3, 1908, which notice was per-
sonally served, and on the day set
both parties appeared in person with
heir attorneys, and by agreement the
nearing was continued to November
"a, 1903. at which time it was begun,
asting, with various continuances, un-
Ill February 4. 1904.
On March 12, 1904, your office rem
Tered it's decision, recommending the
cancellation of the homestead entry
Ind that the Santa Fe Water and Light
Company, of which the contestant was
he general manager, be allowed a
reasonable time within which to ac-
luire title to the lands covered by their |
From this decision the entryman ap-
,ealed and all the papers were trans
nitted here with your letter of April |
3, 1904.
In the meantime, however, namely |
IN August %, 1908, the surveyor gen.
'ral addressed a letter to your Office,
ldvising you that it had just been dis
covered that on October 25, 1899, Can.
lelario Martinez of Santa Fe, had filed |
mall holding claim No. 4156 for the
'W IA, NV IA Sc IA, and lots 2, 8 |
md of section 21, T II N, R 10 E.;
hat the said notification should have
'een furnished your Office at the time
# application was filed, but, owing to
he fact that at that time the clerical
orce Of the Office was being changed,
he matter was overlooked.
The description of the small holding
lain is evidently incorrect as the le-
,al subdivisions named embrace lots
which are also described as being a
'art of the land. but it is clear that it |
loes cover lot of section 81, and,
therefore,, it conflicts with thinner
mans homestead entry.
You rejected the small holding claim
N September 1, 1908, and sometime |
hereafter Martinez filed an appeal
rom your decision rejecting his said |
lain, stating in this appeal that it was
lot taken within the time allowed, for
he reason that he had filed an afIidav.
of contest against Zimmerman's en-.