El Paso herald. (El Paso, Tex.) 1901-1931, 1910-03-29
first elected Will be brought out at the
injunction hearing.
ArrniS0,s Comment

| injunction nearing
Armies Comment
| Isidoro Armijo, probate clerk of Dona
, Ana county and secretary and treas
| urer OF the Dona Ana Bend colony
| grant in speaking of the grant officers,
said: The United StatesN=government
! had the land included in the grant sur
veyed and held a claim against it for
some $500 or 500 for this work. When
the law was passed in 1905 creating the
board of trustees one of the first Off
cial acts was to borrow money to pay
| off this Indebtedness. Before 1905 all
| that was necessary was to go before
| justice of the peace and make applica-
/ ton for any unoccupied land in the
grant in order to secure SO 1-3 acres
| The law gave the trustees the power to
! handle. lease. mortgage or even give
| away the land in the grant If 1T wanted
! to- These trustees are elected by the
| residents of the grant and we keep
I what we think is the best set of grant
records in the territory. The minutes
| of every meeting are at my office and
| are always open and always have been
| to anyone who wishes to see them. These
records include a cash book showing all
moneys handled. separate deed book
showing the deeds and also book of
| the minutes Of the meetings held by the
J trustees
| The books will show where every
| cent Of money has gone that has been
! spent. This includes the $1,000 which
| was appropriated by the trustees for
/ fixing the east dam, also sums for fix
! ing the cement walks around the Las
| Cruces school property and for the run
| ming of the schools in the school dis
| trict. The balance on hand in Bow
mans bank on January / was S259S.H
| and every cent of the money can be &C
toll NJ <OI-c r-o
recently examined by an expert and
were found to balance and to ~be in
good shape. I know of no reason why
the Injunction was brought unless 1t
was done at the instigatiOn of some
people who wanted the unallotted land
and did not get what they wanted.
protested against the sale of all re-
naming unsold and unalloted land to
]. ]. Schneider because there were prior
applicants who thought should be pro-
tected in their applications for land"
An Attorneys Views.
Morgan o. LleWellyn, one of the at
torneys preparing the case for presen-
tation to judge Francis Parker in the
United States district court, has made
a careful study of the history of the
grant since it was first granted to the
116 Mexican citizens. The grant ex-
tends over an area of 35.399.O17 acres"
the attorney said in speaking of the
history of the grant. This is the acre
age as confirmed by the court of pri-
vate land claims which held its sessions
at Santa Fe. 1t extends from point
on the east bank OF the Rio Grande
where the mouths of the old Dona Ana
and Las Cruces bitches open into the
river to a point Is miles south includ
ing all land between the east bank OF
the river and the foothills. 1t also ex-
tends one league east of a line drawn
along the foothills. The early Mexican
records show that there were ZIG citi-
zens of what is now Ell Paso (then
Mexico), who presented a petition on
the 18th day of September 1889, to the
project of that district asking for a
grant of land. The country at that
time was under the jurisdiction of the
governor of chihuahua and the grant
was made to the 116 men by the gov
ernor. The grant was apparently COM
pleted in 1914 at place known as Dona
Ana bend on the Rio Grande. The pro-
1889 to 1874.
Manner of Distribution.
According TO the terms of the grant
each person who was the head Of a
family was entitled to a quantity OF
land included in square whose side
was 1905 varas. If he should be single
he was to receive one-half of this
quired this territory in 1913 the court
of private land grants confirmed this
grant which was known as the Dona
Ana Bend colony grant 70 their heirs
and successors in interest. This was in
accordance with the treaty of Guada
lupe Hidalgo which provided for the
United States government recognizing
all titles then in existence. All other
land not held under Mexican title then
h6poTnO he of ri
vate land claims was created in 1891 by
the government to relieve congress of
the work of passing on the Spanish land
grants. One of these courts met in
Santa Fe and confirmed the Dona Ana
Bend colony grant on March %, 1896.
The government recognized the grant
in a decree of confirmation to the per-
sons so placed in possession of the
property and such other persons as were
bona fide residents upon the same at the
date of said treaty Guadalupe Hidalgo
treaty eNand to their heirs and success
ors in interest. The surveyor generals
office surveyed it and the government
held claim for the cost of the survey
TO be paid for by the claimants of
the grant In 1905 a bill was prepared
by attorney z. c. Wade and passed by
the legislature creating a board Of trus-
tees who were empowered to manage
the affairs OF the grant These trustees
consits OF five men who are elected ,
by the residents of the grant every /
two years and who have full charge of
the affairs of the grant.
The injunction is for the purpose of |
restricting the board of trustees from
selling the remaining unsold and I'M
allotted land of the grant to J. J. |
Schneider, consisting of approximately !
5000 acres of land AT mass meeting |
held at the armOry committee on fl !
nance and also an investigating COM |
mittee were appointed to report AT q !
similar meeting the quantity of land |
sold by the board of trustees. to whom |
sold, the price paid and to whom the |
first purchaser sold and how much was |
paid by the subsequent purchaser The |
primary object of the injunction is to /
restrain the sale of the unalotted land |
but before the case is ended every fea-
ture of the transactions is expected to |
be brought to light
Wade just Happened In.
81 happened to drop in at the meeting
and was selected as chairman" F ca
Wade said in speaking of the mass !