Arizona republican., 1904-04-13
A DISSOLvING TRIBUNAL
The Last Session of the Land Court in
Arizona.

ritOry for the last time. An order or
final adjournment was made and Will
be entered today by Clerk r. l.. Long
for Arizona. There will be a meeting
of the court at Santa Fe some time in
June for the approval of SURVEYS " men
an order for final adjournment will be
made there and the court, after an
existence of more than twelve years,
will be dissolved.
The matter before the court yester-
day was entitled. the United states VS..
Santiago Ainsa ct ais, concerning the
San Jose de Sonoita grant. This
claim was lately described by The Re
publican. The case was UP on a mo-
ton to approve the survey of the grant
made by the surveyor general of Ari-
iona and on the petition of Eta l..
Sanford and S. Mckee, asking that
certain lands of which the government
had issued patents be excluded from
the operation of the order to approve
the survey After an argument by
Matt G.. Reynolds, United States at
torney for the government and s. NJ.
Franklin of Tucson for the grant
claimants the court dismissed the pc
tition and approved the survey. The
clerk of the court was ordered TO en-
dorse on the plat of the survey the
approval of the court and make GER
tification to the commissioner of the
general land office.
Mr.. Reynolds and Associate Justice
Murray left the city last night. The
| other members of the court will re-
| main in town until TODAY.
1t has been said of this dissoiving
court that it is the only court of the
| kind in the world.
| unique feature of it is that it is
not perpetual Or permanent as part
of the judicial system of the govern
ment. Created for the purpose of ac-
complishing specific work, il follows
that when that work is ended the court
| is TO cease and become. in legal par
! lance, functus officio. The lifetime of
the court was originally limited-as a
first guess at probable sufficiency-to
| five years. 1t has from time to time
been extended until it has been in Ope-
ration twelve years.
The justices. together with the Unit
ed States attorney for the court, were
appointed in May, 1891, and soon after
met in Denver and organized the
court. They appointed as clerk of the
court James H. Reeder of Kansas, a
has lately been elected judge of the
district court at Hays City, Kan. The
present clery is Ireneo Chaves of
Santa Fe.
Sessions of the court We're held in
Denver, two or three years until most
of the grants in Colorado were dispos-
ed Of while for New Mexico the court
sits at Santa Fc. in the commodious
federal building there. and in Arizona
the sessions being held at Tucson and
at Phoenix.
Another remarkable feature of this
| court worthy of mention is it's vast
| territorial jurisdiction-the largest of
any trial law court in the world.
The states and territories it en-
braces comprise an area larger than
Germany or France, and the judges re-
siding in North Carolina and Tennessee
in attending sessions of the court In
Arizona, travel farther than from
London to Constantinople.
! A brief mention of the cases de-
termined will serve to show the
amount and Importance Of the work
done
The whole number of cases filed in
the court for confirmation of title to
land grants was 301.
These claims embraced altogether
about 100000 acres.
OF this number there have been con-
| firmed up to the present lightweight
grants, embracing more than 5000. 600.
OF the remainder, those which have
been tried have been rejected as in
valid, either by the trial court in the
first instance or by the supreme court
at Washington on appeal.
ed reverted to the public domain of
the United States, subject to disposal
under the public land laws of the gov
| eminent.
Few cases were left two years ago
for trial at first instance. but as it re-
| quired about one years time after a
grant was confirmed in which to make
a survey, be passed on by the survey
or general of the state or territory
wherein situated, forwarded to Wash
ington to be passed on by the general
land office and then returned to be
finally passed on by the court-in
which, if objections to the survey were
filed by either party, the hearing
thereon might involve a greater con-
test than the original trial of title
/ it necessitated. the continuance of the
court for some time after the last
case in which a decree of confirmation
was had.
In the case disposed of yesterday
the grant was conferred at Tucson
nearly two years ago.
Many of the most important cases
| required months to prepare for trial.
and especially to defend on the part
of the government. Archives. had to
be searched and testimony taken in
j many places, not only within the terri
torial Jurisdiction of the court. but
outside of it; at the city of Mexico. at
Guadalajara. at Chihuahua, at Hermo-
sillo, in Sonora, in California, and in
Spain itself.
In securing such evidence one of the
justices of the court had to go to these
various distant places, accompanied by
a retinue CT interpreter, expert trans
lator. stenographer, attorneys, ana
often photographer to photograph
Spanish records and boundary land
marks. in order to have such evidence
; properly authenticated. All this cen
: stituted another unique as well as
highly interesting feature of this court.
Old ruins We're visited as well. as