The border vidette., 1914-11-14
THE LAST WORD.
Supreme Court Denies Application for
 Rehearing in Baca Float Case.


 of the opinion handed down by Justice McKenna of the Su- preme Court of the United States. on November 2nd, 1914,
 which will be interesting to hundreds of citizens of Santa l Cruz county, especially those who have for many years made their home on the sO-called Baca ! Float land grant:
 Leave to file an application for rehearing is asked. We see no reason to grant it, but to avoid misunderstanding of the opinion we may add few words.
 "The opinion is explicit as to | the main elements of decision. It decides that the title to the lands involved passed to the heirs of Baca by the location of the float and it's approval by mept and order for survey in 1864 in pursuance of the act of 1860, 12 stat. 71. 72. A survey. it was said, was necessary to segregate the land from the pub lie domain and the condition was satisfied by the Contzen survey. It follows, therefore, that the land was not subject to home stead or other entry under the public land laws. and the assert ed jurisdiction of the Land De partment over it for that purpose could be restrained.
 It is suggested, however, by the appelleeS that the appellants urge that certain claimed Mex ican grants conflict with the location and that the opinion leaves uncertain the effect of this and that therefore it may encourage or require further litigation. Appellants assert that the effect of the claimed Mexican grants is reserved from decision and yet the Land Department is enjoined from exercising jurisdiction over the conflicting areas.
 A few words of explanation will make certain the extent of our decision. In adjustment of the conflict between the Baca grant and the grant to the town of Las Vegas, the act 1860 was passed. The quantity and the manner of location were defined. The land was to be located in square bodies and be vacant land, not mineral. in the Terri tory of New Mexico," and it was made the duty of the Surveyor General of New Mexico to sur vey and locate the lands when selected by the heirs of Baca. There were no other conditions, and these were fulfilled in 1864.
 But it is said that portions of the tract as located were then embraced in two claimed Mexican grants. to- wit, the Tumacacori an d Gala abasas grant and the San Jose de So- noita grant, and that by virtue of section 8 of the act of July p, 1854 Go Stat. 3O8). the lands covered by such claims were re- served from other disposal and therefore from location under the Baca float. That section made it the duty of the Survey or-General of New Mexico, un- der such instructions as might be given by the Secretary of the Interior, to ascertain the char acter and extent of claims to such lands under the law, us ages and customs of Mexico and Spain and to make full report on all such claims as originated before the cessiOn Of the Terri tory to the United States by the Treaty of Guadalupe Hidalgo of 1848, and report the same to Congress for it's consideration and action. It was provided that until final action by Con- gress on such claims, all lands covered thereby shall be reserv- ed from sale, or other disposition by the government, and shall not be subject to the donations granted by the previous pro- visions of the act.''
 Subsequently, by the act of August 4, 1854, the territory acquired under the Gadsden Treaty was incorporated with the Territory of New Mexico made subject to the laws of that Territory 1O Stat. 57Q.
 Assuming, not deciding, that this provision made section s aplicable to lands acquired un- der the Gadsden Treaty, the re- SerVatiOn was statutory and Sub-