Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1906-11-17

Of the general land office to enI0in
them from making the survey aud
praying the court to find and decree
that all these lands belonged TO the
town Of Las Vegas In fee simple. This
would raise and settle the question OF
ownership. The case came up before
Mr.. Chief Justice Bingham. ! repre-
scented the town and the attorney gen
cral Of the United States represented
the secretary and commissioner. After
holding the matter for some time un'
der advisement. Judge Bingham found
and held that all these lands belonged
Il the town of Las Vegas In fee aud
enjoined the government from making
the survey or taking any action IN
regard 10 IL. IL was a complete vic
tors for Las Vegas. From the decree
rendered by Judge Bingham the gov.
eminent appealed TO the cOurt Of
appeals OF the District Of Columbia.
where the case was again heard. The
court Of appeals sustained Judge Bling,
hams decision. The government
then appealed to the supreme court
Of the United States. The case was
prepared for hearing In that court.
When II was called for argument the
attorney general made the point that
the secretary OF the interior. Hoke
Smith, had resigned aud was not In
office. The chief justice t%hereupon
held that by reason OF such resigna-
ton the suit had abated. The effect of
this was TO leave us where We started.
I then prepared and filed a petition
with the secretary of the interior de-
manding a patent for the land In be.
half of Las Vegas. claimed that the
two intervening decisions OF the court
justified the department in reversing
It's former opinion. Al this point Pab,
10 Maese for himself and about two
hundred others, by their attorneys,
alleging that they. and not the town of
Las Vegas. were the owners of these
lands, There was n full hearing be
fore the secretary of the interior. The
secretary decided in favor of Las We
gas and ordered that a patent for tho
lands be- issued to the town. | thought
this would end the struggle. But the
intervenin gparties were not satisfied.
They then brought suit In the supreme
court of the District of Columbia 10
prevent the issuing of a patent to the
town. They claimed that the govren'
ment had Mt right Il issue a patent,
They said there was no such town,
because it was O Incorporated. and
that 1t had no legal existence and they
further claimed that the patent should
go to them. 1t was a three cornered
fight and although nominally against
the secretary and commissioner, ii
was really against Las Vegas and
put its whole claim in issue. The ease
was heard before Mr.. Justice Hagner
and IA argued by Burnet & Beall.
Judge Van Devanter, assistant attor
ney general. and myself. Judge Hag'
ner rendered Judgment in favor of Las
Vegas and the right to have the pat
ent issued TO It. From this decision
Maese and his associates appealed
TO the court of appeals. The case was
heard in that court and Judge Hag'
ner's opinion was affirmed. Thereupon
| Maese and his associates took the
, case to the supreme court of the Uni
ted States and were beaten in that
court. This last decision was render
ed I'm January, 1902. Thus after siS
| trials in court and one before the sec
! rotary of the interior. the litigation
lasting seven years, the title of the
town was settled and established. AZ
ter this supreme court decision | went
before the interior department and
asked that the patent for these lands
be issued to Las Vegas. The secretary
and commissioner granted the re
quest. but there having been some
| changes in the boundary lines since
| 1860, 1t was deemed best to have a new
survey, which was done. This second
survey shows the quantity of land tf
be 431, 653 and 55-100 acres.
In 1908 the patent for these lands
was issued by the government, with
directions from the land office tina
the same be delivered to me as the
attorney for the town of Las Vegas
The trustees of the grant wrote Mt
asking for my consent to have the
patent delivered to them, giving me as
~surance that my claim for compensa