Las Vegas morning gazette., September 21, 1880, Image 2

About Las Vegas morning gazette. (Las Vegas, N.M.) 18??-1881

Image provided by: University of New Mexico

                
Las Veas Dailv Gazette.
J. H. KOOCLER. Editor.
RATES OF SUBSCRIPTION.
Dtlly.l yar l -
Dsily, O months 6 00.
Dally, 1 month 100.
Delivered by cnrrkr to any Iavt of the city.
Weekly, 1 year 3 00.
Weekly, 6 months 1 M.
For Advertising Hiten apply to J. II. Kooglcr
Kdltor andProprietor.
Mineral on Land Grants.
Having published an opinion in
the Gazette of a few weeks since, an
opinion adverse to land grants, we
now publish the following, taken
from the News and Press, as repre
senting the other side of the question:
News and Press I notice in last
week's issue of your paper an article
from the Scientific Press which stated
that the Supreme Court of the United
States had decided iu the case of the
United States vs Castcllcro, that
grants of land from the Mexican gov
ernment for agricultural and grazing
purposes, did not convey the miner
al contained within the grants. This
statement, it unexplained, might be
calculated to mislead persons unac
quainted with the circumstances of
the case above mentioned.
Andres Castcllcro under a grant
from Mexico, claimed a mine of
quicksilver in California, and applied
to the courts to coufirm his title. The
courts decided that the grant was not
good, because the same was not regru
larly made by the proper Mexican
authorities, and therefore refused to
confirm his title. This decision was
not in relation to mineral claimed
within the limits of an agricultural
grant, as Castellcro claimed under a
"mine grant."
The question of the title to mines
of precious metals found within the
limits of Mexican grants which have
been confirmed and patented bv the
United States government, was long
a subject of litigation in the courts in
California, and was finally settled in
the decision of the cases of Moore vs.
Smaw and Freemont vs Fowler,
which decision is reported in the 17th
California Report, p. 199. These
were suits brougut by the owners of
two Mexican grants against persons
claiming title to mines on the grants
by virtue of locations under the Uni
ted States laws. The cases was con
sidered and decided together.
The decision, delivered by Chief
Justice Field, now associate justice of
the supreme court of the United
States, is an elaborato discussion of
thisquestiou, and as it is very long I
will give only the principal points of
the decision.
After a lengthy review of the facts
in the case and the arguments of coun
sel, the court says:
'The defendants claim that the min
erals remained the property of the
United States n otwithstanding their
patent to Fernandez and Fremont.
This position is not based upon any
Iaiiguiige ot the patents, for it is ad
mitted that their terms of grant would
opeiate iu case of an individual, to
pasi all the interest which the grant
or could possess in the land. It is
based upon the supposition that as
the aci of March 3d. 1851, provides
for the recognition and confirmation
of the rights acquired by the grants
from Mexico, the patents were only
intended as evidence on the part of
the United States of such recognition
and confirmation. By those grants,
as wej.avejseen, no interest in the
niuierals of gold and silver passed to
the grantees, and if the patents
amount only to an acknowledgement
of the rights derived from the former
government, that interest still re
mains iu the United States. This
view of the patents is not justified by
any provisions of the act. A he ob
iect of the act is to 'ascertain and set
tic' private huid claims iu California
This object is declared in the first
section. It is not merely to 'ascertain
but to 'settle' the claims, that is to es
tablish them -to perfect them by
placing them, as far ss the govern
ment is concerned, beyond controver
sy:' Under this act these claims were
examined, confirmed, surveyed and
patents issued which patents wero
without word of limitation or'rc
eervaiion, with the exception that
they should not affect the interests of
persons who had acquired rights in
the premises previous to the cession
of the territory to the bniteu siaies
bv Mexico. The decision then con
tinues: "The question arises as to what
passed hy the patents to Fernandez
and to Fremont, and to this question
there can bo but one answer: All the
interest of the United States, what
ever it mav have been, iu everything
couuected'with the soil, in everything
r.irminu anv portion of its bed or fix
to its surface, in everything which
' i embraced within the signification of
6toue, 'includes not only the
surface of the earth but
everything under or over it
And therefore he continues, 'if a man
grants all is lands, he grants thereby
all his mines ot metal and other fos
sils, his woods, his waters, and his
houses as well as his fields and meadows-'
Such is the view universally
entertained by the legal profession as
to the effect of a patent from the gen
eral government. The construct
ion given by the United States to
their patents ever since the organiza'
tion of the government, has been to
the same effect. They have uuiform
lyj-egarded the patent as transferring
all interests which they could possess
in the soil and everything connected
therewith."
I ask you to give this a place in
vour paper in order that your readers
may have a chance to see both sides ot
the questiau. Correspondent of the
News and Press.
An Atlanta girl who reads the
newspapers was recently proposed to
by a nice young man. She reflected
for a moment, and then asked for time
to prepare her letter of acceptance
Evidently she proposes to formulate
her own platform.
A.J.CEAW.FOED&CO
LAS VEGAS, N, I,
SíÉ on
GROCERS.
We
NEW i'OKik CLOTHING .--TOKK.
ATTENTIQjST !1
HTSB
COST !
DEALERS IN
Fruits, Vegetables, B itter & Eggs
Chickens, Fee nd ail kintta of Country PnmUoo. We earry everyt1i
that it packed In the Caane Goods Line, pd mothing bat the very beat
Standard Brands; which, we offer at the tt reasonable prieev. A full
line of imported, Key West and Domestic aru.
Goods delived Free to any part of the City
Qlim ra Call, W Gnaraiue Satisfaction.
The Old R eliable Dt 11$
Store. Established 1870.
HERBERT & CO
DRUGS, MEDICINES,
TOILET ARTICLES,
AND PERFUMERY.
-:o:
PRESCRIPTIONS carefully 1
Compounded.
:o:
At Doctor Shout's Old Stand.
LASVECÁS"
AND
VINITA
ML MID IXPRVSS li
J. II. WJESjASS?. Pro.
- t t u.l.n i '.ho-nprltn. Gfltll
linn? qaiiy vi V , Vnr,
Bascom.
j s. a mnthr r.ftrrlud toanv I
j'assenger anu "M'cov"" r I
DoiRtontiiemosiveusuiJuuio
1 MnnjTl
J. GRAAF & CO.
RESTAURANT AND CITY BAKERY
Fresh Bread, Cakes, and JPies ot all
kinds.
WHOLESALE AND RETAIL.
GROCERIES, TOBACCO ARID CSCARI
Confectioneries, Fruits, etc, etc., etc.
iJtS VJEG.1S. - IF MEXICO
ASSAY OFFICE,
02j"
JOHN ROBERTSON, F. S.A.
Opposite Brown & Manzanero',
HASTLA4YEGAS, - . KIWUU.
HAPMAN HALL!
Rtt.t.tard Pa lor
& Sample koom.
THE MONARCH
The Finest! Besnvt in West Las Vejas where
the u-y Best Brands 01
LIQUORS AND CIGARS I
Are constantly kept on hand.
PRIVATE CLUB ROOM
IN conmsuxju.
HENRY BBAMM, Proprietor.
CP
r SEL
1 go"
Ciha)
To make room for our incoming
Full and Winter ' .Stock
We will Sell our Summer Goods at COST, below COST and regard-
less of COST.
GIVE TJS
AND
CALL
m ' (
Also Agents for the Ctgefaratd house of Dev-.
lin $ Co., JV. Y., in Gf&dslade to. Order.
Assays of Ores Made
with Accuracy and
Dispatoh,
lotnpi Attention will be Paid to order
Sent from the Varioui mining
Camft of the Territory.
.
All Assays Considered Strct-
ly Confidential.
LI YE ET
The Occidental
Billiard Hall!
Finest iu the City of Las Vegas.
DENTISTRY
Operative &
Mechanical.
Listening to the solicitation of many
citizens of Las Vegas, Dr. f.n.
DcGraw will open an ottice
for the practice of Dentistry.
Painless Extraction of Teeth.
Teeth Extracted, Plug
ged Replanted.
THE UOCTOU'S SPECIALTY 18 FINE
GOLD WORK.
SALE STABLE
EAST LAS VEGAS, N. Ml.
j J. S. BimcstBi, Prop'f
Carriages and Horses Let at
Reasonable Rates.
Horses and líjuat an
Sold.
A. 0. BOBBINS,
GO TO THE
CENTRAL DRUG STORE!
Wor Fresh Drugs, Chemicals, Faint Oils, Faiud
Medicines, Brushes, Combs, Fine Soaps, Perfum
eries, Toilet Articles of every description, Whole
sale and Retail.
Physicians' Prescriptions a Specialí y I
Cejtral Drug Store, Eifaisi st. between East and West
Las Vegas, New toxico.
9 & Co., Prop'ii
is
CHAS. BLANCH A
D IS ALE It I
"rrrr
H A RD W A R E,
Stove
The
uOOGS
Elastic Joint Iron Roofing alwayss on hand
BOY AMERICAN BARB WiRE.
. ::'..
tfiA
'MESI
.3
hi en rem M
mi i
ra m
llave a large and complete stock of all classes of Merchandise which they eel
at bottom prices for cash.
IS
W1
mm pa m
mm.M ii m
g p
II X A
THE MONARCH
First-class bar where gentlemen will
find the finest liquors, wines ana ci-
o-nra in the Territory: also in connec
tion is a lunch counter. Drop in and
SCO us. ......
Open Day ana Nigni.
LOCKE & LOCK WOOD,
Proprietors.
.Iouth examined anil advice given free o
Clinrge.
Artificial Sets of Teeth on
Celluloid.
mrrrr.n: HOURS FROM 8 A. M., to 5 T.M.
Good Reference Given. All Work Warranted.
Office on North Side of Plaza. Open July
21st, 1880,
DEALER IN
FSIDiSUE
STABLÍ
-AT T?IE
First National Bant
OF IjAS VEGAS.
(Successor to Raynolds Brothers.)
Authorized capital, $500,000
Paid in capital, - $50,000
Surplus Fund - iu,uuu
DOES A oESERAL BANKING BUSINESS
uaw-ii
FUHN1TURE &
QUE ', NSW A IIIC.
UNUEUTAKING ORDERS PROMPT
LY ATTENDED TO.
Near the Bridge, West Las Vegas.
LAS VEGAS
MOT SPRINGS.
J. D. WOLF, Proprietor.
The best accommodations aflbrded
and care taken of the tams of travel
GEO, ÜIcKAY,
RESTAURANT
G3
-;the:
OF
Charles Ilfeld
AND-
AIL0nN,
Something. Good to Drink,
T.nfich at uny hour from 9 till 11 A. M.
v.lÍt LAS VEGAS. - JIEAV MEXICO
lias Ve&s
PLANING MILL
F. C. Ogden, Propt'r.
Dressed Lumber for Side.
Lumber Surfaced to order.
SASII, POORS, BUNDS umi .ti
Styls of Mow. "disBg-.
Turniníí of all Descriptions, Newell
Posts, Illustrates, ocron buwi.iv
CONTRACTING AND EU1LDINC.
Work- and Estimates from a dis-
tmco will receive prompt attention
North side of Sjii'ire hu Ve'jas, and branch store at La Jif, ta,
John DoiihliM-. Francisco Bac y 8andovi .
Santiago Baca.
DOUGHER,BACA I CO
WlmlesBlo and Uotall Dualers i
CHOICE KENTUCKY
ill ÁW' 'f ill nñ
y
Sole Axonta In New Mexico for
MI BROS.,.
-CELEBRATED '
LAGEE BEER.
t OnpngTirow.re AManzanare. M \n\n ñas, Cabra, ia uní, "
SOCORRO, N. M. , LAS VJtGAS N.M
ALHUQÜEUQUE, N, M.