Franklin Lane v. Cornelius Watts
Decision Date | 22 June 1914 |
Docket Number | No. 889,889 |
Citation | 34 S.Ct. 965,234 U.S. 525,58 L.Ed. 1440 |
Parties | FRANKLIN K. LANE, Secretary of the Interior, and Clay Tallman, Commissioner of the General Land Office, Appts., v. CORNELIUS C. WATTS, Dabney C. T. Davis, Jr., John Watts, and James W. Vroom |
Court | U.S. Supreme Court |
Assistant Attorney General West, and Mr. C. Edward Wright for appellants.
Messrs. Herbert Noble, G. H. Brevillier, Joseph W. Bailey, and James W. Vroom for appellees.
Mr. William C. Prentiss, as amicus curiae.
Appeal from the decree of the court of appeals of the District of Columbia, affirming a decree of the supreme court of the District, enjoining the Secretary of the interior and the commissioner of the General Land Office from proceeding in the matter of certain attempted entries under the public land laws of the United States upon lands which the decree finds were selected and located by the heirs of Luis Maria Cabeza de Baca on June 17, 1863, and known as Baca Float No. 3, the title to which, the decree further finds, passed out of the United States and vested in said heirs on April 9, 1864. The decree further directs the filing of the filed notes and plats of survey of the float for the purpose of defining the outboundaries thereof and segregating the same from the public lands of the United States.
The origin and history of the Baca grant are set out in Shaw v. Kellogg, 170 U. S. 312, 42 L. ed. 1050, 18 Sup. Ct. Rep. 632; Maese v. Herman, 183 U. S. 572, 46 L. ed. 335, 22 Sup. Ct. Rep. 91, and Priest v. Las Vegas, 232 U. S. 604, 58 L. ed.—,34 Sup. Ct. Rep. 449.
It appears that there was a conflict between this grant and the grant to the town of Las Vegas, which was settled by an act passed on June 21, 1800 (12 Stat. at L. 71, chap. 167), which enabled the heirs of Baca to select 'an equal quantity of vacant land, not mineral, in the territory of New Mexico, to be located by them in square bodies, not ex- ceeding five in number.' It was made the duty of the surveyor general of New Mexico 'to make survey and location of the lands so selected by said heirs of Baca when thereunto required by them: Provided, however, that the right hereby granted . . . shall continue in force during three years from the passage of this act, and no longer.'
The Las Vegas grant was ascertained to contain nearly 500,000 acres (496,446 96-100). The Baca heirs were therefore entitled to locate that many acres 'in square bodies, not exceeding five in number.' This controversy concerns the third of the bodies selected. The selection of each tract was to be determined by the same considerations, and those considerations are declared in Shaw v. Kellogg, supra. Each location, it is there said, would necessarily be of considerable size; in fact, each one was nearly 100,000 acres; and each as a whole was to be nonmineral. The limits of location, it was said, was the territory of New Mexico, limits not so broad as those of the territory ceded by Mexico; within the limits there were large areas of arid lands; 'its surface was broken by a few mountain chains, and crossed by a few rivers.' Lands, it was declared, could not be selected already occupied by others. The lands must be vacant. Nor could lands be selected And it was declared that the surveyor general of New Mexico was to determine the character of the lands; he was to make survey and location of the lands selected; upon him 'was cast the specific duty of seeing that the lands selected were such as the Baca heirs were entitled to select.' This is emphasized by saying that 'he was the officer who, by virtue of his duties, was most competent to examine and pass upon the question of the character of the lands sclected.' In the survey and location it was recognized that he was subject to the 'control and direction of the Land Department,' and, while he was not to act in defiance and independently of the Land Department, 'it was for him to say, in the first instance, at least, whether the lands so selected and by him surveyed and located were lands vacated and nonmineral.'
These are the elements of the decision. How do they apply to the case at bar?
First, as to the allegations of the bill. There are detailed allegations of the origin of the grant to Baca, its presentation to the surveyor general of New Mexico under the then-existing law and regulations, and his recommendation of its confirmation, also of the confirmation of the grant to the town of Las Vegas, 'leaving,' as he said, 'the respective claimants the right to adjust their conflicting claims in courts.' The other facts which the bill alleges we set out in narrative form as follows:
Both grants were confirmed and the right given to the heirs of Baca, as we have seen, to select other lands equal in quantity to the lands claimed by Las Vegas.
On July 26, 1860, about a month after the act was passed, the Commissioner of the General Land Office informed the surveyor general of New Mexico that it was the latter's duty to separate from the public lands the pueblos or individual confirmed claims, and in that connection drew his special attention to the act of June 21, 1860, which referred to the 'claim of the Heirs of Luis Maria Baca,' and in order to give the act timely effect the surveyor general was directed to give the claim priority in surveying private land claims. That officer was directed to have the exterior lines of Las Vegas run off, and, this being done, the right would accrue to the Baca claimants to select a quantity equal to the area elsewhere in New Mexico of vacant lands, not mineral, in square bodies, not exceeding five in number. The instructions then proceed as follows:
The grant to the town of Las Vegas was surveyed and the fact communicated by the surveyor general to the representative of the heirs of Baca, and they were informed that they were entitled to select an equal quantity of land, that he was authorized to survey and locate the same, and that his office was ready to co-operate with their legal representative 'and receive his application for the location of the lands granted by the government.'
Thereupon, on or about June 17, 1863, in pursuance of the notice from the surveyor general and the act of Congress, the following was addressed to the surveyor general:
I, John S. Watts, the attorney of the heirs of Don Luis Maria Cabeza de Baca, have this day selected as one of the five locations confirmed to said heirs under the 6th section of the act of Congress approved June 21st, 1860, the following tract, to wit: Commencing at a point one mile and a half from the base of the Solero mountain in a direction north 45 degrees east of the highest point of said mountain, running thence from said beginning point west 12 miles, 36 chains, and 44 links, thence south 12 miles, 36 chains, and 44 links, thence east 12 miles, 36 chains, and 44 links, thence north 12 miles, 36 chains, and 44 links, to the place of beginning, the same being situated in that portion of New Mexico now included by act of Congress approved February 24, 1863 [12 Stat. at L. 664, chap. 56], in the territory of Arizona; said tract of land is entirely vacant, unclaimed by anyone, and is not mineral to my knowledge.
John S. Watts,
Attorney for the Heirs of Louis Maria Cabeza de Baca.
On the same day the surveyor general certified to the Commissioner of the General Land Office the fact of the application, repeating it, and concluding as follows:
And I further certify that the said tract of land being the one-fifth part of the private claim confirmed to the said heirs, contains ninety-nine thousand two hundred and eighty-nine acres and thirty-nine hundredths of an acre, and that this location is the third of the series (application to locate the same, filed in this...
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