United States v. City of Santa Fe

• Decision Date: 01 March 1897
• Docket Number: No. 208,208
• Citation: 165 U.S. 675,17 S.Ct. 472,41 L.Ed. 874
• Parties: UNITED STATES v. CITY OF SANTA FE
• Court: U.S. Supreme Court

165 U.S. 675

17 S.Ct. 472

41 L.Ed. 874

UNITED STATES

v CITY OF SANTA FE.

No. 208.

March 1, 1897.

Asst. Atty. Gen. Dickinson and Matt. G. Reynolds, for the United states.

and T. B. Catron, for appellee.

Mr. Justice WHITE delivered the opinion of the court.

This case comes on appeal taken by the United States from a decree of the court of private land claims confirming to the lot holders in privity with the city of Santa F e the lots held by them in severalty in that city, and confirming to the city itself, in trust for the use of its inhabitants, a tract of four square leagues claimed by the city, except mines of gold, silver, and quicksilver, and property appropriated, used, occupied, possessed, or owned by the United States.

It is conceded or shown that prior to 1680 there existed a Spanish town, known as 'La Villa de Santa F e,' which was the seat of government of the Spanish province of New Mexico, and that there was also prior to that date the official mechanism required by the Spanish law to direct the affairs of a Spanish villa or town. The origin of the town or villa is obscure, but the record indicates that as early as 1543 the settlement was made by deserters from the Spanish military force under Coronado, who refused to accompany their commander on his return to Mexico, and settled at Santa F e. In 1680 the Spaniards were driven out by an Indian insurrection, and Santa F e was destroyed, the Spaniards retreating to Paso del Norte, where they remained until 1692, when Diego de Vargas reconquered the country. In 1693 De Vargas re-established Santa F e. From that time to the American occupation—although the record does not fix the precise character of the municipal government—there is no doubt that there was a settlement on the site of the old villa of Santa F e, and that it was also the capital of the province. In 1851 Santa F e was incorporated, and its boundaries defined by act of the territorial legislature of New Mexico. Laws N. M. 1851-52, Kearney's Code, 112. The municipal charter granted in 1851 was shortly thereafter repealed, and the probate judge of the county became, by operation of law, the custodian of the records of the corporation, and was a trustee to wind up its affairs. Id. 272. No municipal body existed from this time until the year 1891, when Santa F e was again organized pursuant to the laws of New Mexico.

Under the eighth section of the act approved July 22, 1854 (10 Stat. 308), the probate judge of the county of Santa F e presented to the surveyor general of New Mexico a claim on behalf of the city for four square leagues of land. This claim was substantially based upon the averment that, as the city of Santa F e was in existence during the whole period of Spanish sovereignty over New Mexico, it was certain that 'under the Spanish laws, usages, and customs the inhabitants thereof were, as a community, entitled to receive, and your petitioners believe and claim did in fact receive, a grant from the crown for at least four square leagues of land and commons, which they now claim.' As the legal authority for this asserted right of the city, reference was made to specified provisions of the law of Spain, and the prayer of the petition was 'that said land be surveyed, and that a patent therefor be issued by the United States to the probate judge for the time being of said county of Santa F e, in trust for the use and benefit of the landholders and inhabitants within said tract, and for the city of Santa F e until the same be by law incorporated under charter, and thereby become the rightful custodian of the patent for said tract of land.' The surveyor general reported for confirmation to congress the claim thus made (H. of R. Ex. Doc. 239, 43d Cong., 1st Sess.), and, the recommendation not having been acted upon, this suit was commenced, by the city of Santa F e, under the provisions of the act of March 3, 1891, creating the court of private land claims. 26 Stat. 854, c. 539.

The petition originally filed on behalf of the city, after setting out the existence of the Spanish villa known as 'La Villa de Santa F e,' substantially averred that the municipality of Santa F e occupied the situs of the Spanish villa, and possessed jurisdiction over the same territory, and therefore was, in law, the successor to all the rights enjoyed by the Spanish villa. It alleged that prior to the Indian insurrection in 1680 the villa had received a pueblo grant of four square leagues of land, the central point of which was in the center of the plaza of the city of Santa F e; that the grant was made by the king of Spain; that juridical possession was given thereunder, and that such facts were evidenced by a valid testimonio; that the archives and records of the villa were destroyed in the Indian insurrection of 1980, and therefore the title could not be produced. The fact was also averred that the claim had been submitted to the surveyor general, and had been by him recommended favorably to congress. The prayer was for a confirmation of the grant to the city 'in trust for the use and benefit of the inhabitants thereof, and of such grantees and assignees of parts of the said lands as have derived, or may hereafter acquire by due assignments, allotments, and titles in severalty to said parts respectively.' The defendant demurred on the ground that the petition stated no cause of action, and also because it failed to disclose the fact that there were many adverse claimants, under Spanish grants, to the land sued for, and that such claimants were necessary parties defendant.

Appearances were thereafter filed by 17 persons, alleging that they were the holders of Spanish titles to land within the area claimed, and that their interests were, therefore, adverse to those of the city. Thereupon an amended petition was filed by the city, which in its caption mentions as defendants not only the original defendant, the United States, but the 17 persons who had made appearance as having adverse interests. This amended petition substantially reiterated the averments of the original petition as to the foundation and existence of the villa of Santa F e, but omitted the allegations on the subject of an express grant to La Villa de Santa F e, the delivery of juridical possession thereunder, and the issuance of a testimonio. The allegation on these subjects was that prior to the insurrection in 1680, 'La Villa de Santa F e was entitled to, and had, under the laws of the kingdom of Spain, in force in that territory at that time, a municipal or pueblo grant, conceding to and vesting in said Spanish town or villa a certain tract of land containing four square Spanish leagues.' The positive averment in the original petition as to the destruction during the insurrection of 1680 of the evidence showing the existence of an express grant was replaced by a qualified averment that 'all the muniments of title of such municipal grant, if any such existed, were utterly destroyed by the hostile Indians engaged in such insurrection.'

The amended petition also averred that within the boundaries of the grant claimed there 'are now living about seven thousand people, and about fifteen hundred heads of families, nearly all of whom own, occupy, and have improved lands which they claim to hold under the said grant to the Villa de Santa F e, and there is erected thereon buildings and improvements in public and private ownership, claiming under said grant, to the value of several millions of dollars, and that none of said claimants and occupants are in any sense adverse claimants to your petitioner. And your petitioner further shows that there are claimed to be certain private land grants to individuals named as defendants in this proceeding of tracts of land within the exterior line of said four square leagues granted to your petitioner as aforesaid. But your petitioner avers that, if any such exist, each and all of them are junior in date, subordinate, and subject to the said municipal grant to your petitioner's predecessor as a town and villa; and whether the said private land grants are claimed adversely to your petitioner or not, your petitioner is not advised, but it states that all of said private land grants have been filed before this court for adjudication, and have already been set for hearing in this court for the same date as this case, and that all of said claimants have subjected themselves to this court, with their alleged private land grants for its determination and decision, when the matter of their interests as against those of your petitioner can be fully and finally determined.'

The answer of the United States denied the alleged facts as to the foundation and organization of La Villa de Santa F e; denied that the plaintiff, a municipal corporation, existing under the laws of New Mexico, was the successor or entitled to assert the rights, if any, of the Spanish villa. It also denied that the Spanish villa had received ceived title to or was by operation of the Spanish law entitled to claim the four square leagues of land; averred that title to a large portion of the land embraced within the four square leagues was claimed under Spanish grants by others than the plaintiff, the validity of which claims was not, however, admitted, and that other portions of the four square leagues were in control, occupancy and possession of the United States for a military post, known as 'Ft. Marcy,' for a building known as the 'Federal Building,' and for an establishment known as the 'Indian Industrial School,' and that another portion was in possession of the territorial executive officers under the authority of the United States.

The persons holding conflicting grants, who were made defendants, also filed answers specially denying the making of the Spanish grant to La Villa de Santa F e, or the right of that villa to a grant of four square leagues by operation of the Spanish law. It, moreover, specially denied that the...