Annual Report of the Attorney General of the United States

Before I took charge of the work in this department a great deal of the time of the office force had been taken up in the settlement of legal questions. In June, 1897, when I assumed charge of the work, the Government was about three years behind the claimants in the briefing of cases. In other words, when a claimant had filed his brief it was almost, if not quite, three years before the case would be reached for briefing by the defendants. During the past three years I have endeavored to bring this work up to date, and have succeeded in doing SO. On November 1, 1900, every case that had been briefed by the claimants, and that had not been sent to the field by the Government for the purpose of taking evidence in behalf of the defense, had either been briefed or was being briefed by an attorney of this department. In the present condition, where the evidence is taken and the case ready for trial, when the claimant files his brief, it is taken up immediately for briefing by the defense. With the work of this department in this condition it will be possible to expedite the work and get better results in the coming year than it has been in any one of the past three years. Respectfully,

The ATTORNEY-GENERAL.

JOHN G. THOMPSON, Assistant Attorney-General.

EXHIBIT 4.--Report of the United States Attorney for the Court of Private Land Claims.

SANTA FE, N. MEX., October 5, 1900.

SIR: I have the honor to submit the following annual report as to the business transacted by the Court of Private Land Claims from October 5, 1899, up to and including October 5, 1900.

During that period two terms of court have been held at Santa Fe and two terms held at Tucson, Ariz., at which sessions a large portion of the unfinished business shown by my last annual report was considered and disposed of by the court. I have embodied in the schedules hereto attached, numbered, respectively, 1 to 4, both inclusive, a statement of the matters disposed of in the New Mexico district, and also a statement showing the status of each of the cases still remaining for determination in one form or another.

Schedules numbered 5 to 7, both inclusive, set forth in detail the business disposed of in the Arizona district and the status of the cases remaining undisposed of on that docket.

From schedule 1 it will be seen that in the New Mexico district the court has during the past year decided 22 cases, involving 17 grants, with a claimed area of 3,255,674.94 acres. Of this area claimed there have been confirmed 13,007 acres and rejected 3,242,667.94 acres. The cases just named include two of very considerable importance-one of them, the Nacimiento grant, wherein 131,000 acres were claimed, and the other, the Conejos grant, involving 2,500,000 acres. The first of these is situated in a very prosperous portion of New Mexico and includes very valuable mineral, pasture, and farming lands, and the pendency of this claim has retarded very considerably the growth of that section of the Territory of New Mexico. The Conejos grant, as claimed, is located in northern New Mexico and southern Colorado, including the

larger portion of several counties in that State. The decision in each of these cases was favorable, to the Government, and the rejection of the claims will contribute largely to the prosperity of the localities in which they were located.

During the past year there has not been overlooked the importance of a careful investigation of the survey of any grants returned for approval by the court by the General Land Office. During the period covered by this report, as shown by schedules 2 and 3, seven surveys have been considered by the court, and six of these, involving an area of 55,536.79 acres, were approved by the court. Upon objections filed by the Government, one of these, the Las Lagunitas, containing an area of 43,653.03 acres, was rejected by the court and a resurvey ordered.

Schedule No. 4 is devoted to indicating the status of each case in the New Mexico district not finally disposed of. From this it will be seen that there still remain for primary determination that is, a hearing on the merits of the claim as a grant, distinguished from the correctness of any survey made under confirmation-five grants, involving an estimated area of 23,897 acres.

As shown by subschedule B of schedule 4, one case has been tried and submitted and is now under advisement by the court, the area claimed being 11,480 acres.

The decrees in 25 grants, involving an estimated area of 625,513.49 acres, have been certified by the clerk of the Court of Private Land Claims to the Commissioner of the General Land Office for survey, as provided by section 10 of the act creating the Court of Private Land Claims. A detailed statement of these grants thus pending on survey appears in subschedule C of schedule 4, attached to this report.

There are pending on appeal 5 grants, involving an area of 4,553,264 acres. In three of these cases the claimants appealed and in the other 2 the United States. A statement of these cases, with their area, appears in subschedule D of schedule 4, attached to this report.

In 2 cases, involving an area of 27,130 acres, a confirmation has been announced by the court, but, owing to a difference as to boundaries, no decree has been entered and the confirmations are not yet final. (Subschedule E of schedule 4.)

There is pending, on motion for rehearing filed by the Government, 1 case, involving an area of 2,500 acres. (Subschedule F of schedule 4.) Summarizing, it will be noted from the schedules attached that there are now pending in the New Mexico district, including grants on appeal, 39 claims, with a total area of 5,243,787.49 acres.

During the past year there have been filed in the office of the clerk of the Court of Private Land Claims, at Santa Fe, 2 claims for a money judgment against the United States, for lands disposed of within grants heretofore confirmed by the court. These claims are presented under the provisions of section 14 of the act creating the Court of Private Land Claims. One of these claims was filed in case No. 140, being the case of Jose Isabel Martinez et al. v. United States, involving the Juan Jose Lobato grant, and is for $2,320.91. This case came on for hearing before the court at its May session, 1900, and was resisted by the Government on the ground that the claim for a money judgment, if ever valid, was presented to the court too late, there having been no claim for such money compensation in the original suit, which was terminated favorably to the plaintiffs on December 4, 1893. The court

at its May (1900) session rendered a judgment in favor of the claimants for $2,320.91. The full facts pertaining to this claim were some months ago fully reported by this office, and in view of the importance of the questions as affecting similar claims that may hereafter be presented, authority was granted by you to sue out an appeal from this judgment, and that appeal has been duly perfected. The other case in which a claim for money damages has been filed is that of Louise J. Purdy et al. v. United States, No. 6, involving the Sebastian de Vargas grant. It is anticipated that the decision of the Supreme Court on the appeal in the case of Martinez v. United States, No. 140, just referred to, will be decisive of the claim in the De Vargas case, as well as similar claims that may hereafter be filed.

Schedules 5, 6, and 7 set forth fully the condition of the Arizona docket.

From schedule 5 it will be seen that during the past year 8 claims have been decided by the court, involving a total area of 448,052.89 Of this amount claimed there have been confirmed 69,151.53 acres and 378,901.36 rejected.

acres.

During the same time one survey has been completed and approved, involving an area of 17,355.86 acres. (Schedule 6.)

From schedule 7 it will be seen that there are no cases remaining for primary trial on the Arizona docket. One case, with an area claimed of 12,147.69 acres, is pending on motion for rehearing filed by the Government. (Subschedule A of schedule 7.)

Two grants, involving an area of 19,720.35 acres, are being surveyed. (Subschedule B of schedule 7.)

The remaining cases on the Arizona docket, 7 in number, are all pending on appeal to the Supreme Court of the United States. In 6 of these the appeal was sued out by the claimants, and in the remaining 1 the appeal is being prosecuted by the United States. The total area involved in said cases on appeal is 442,193.84 acres. (Subschedule C of schedule 7.)

These

Summarizing, it will be seen that there are pending in the Arizona district 10 cases, with an estimated area of 474,061.88 acres. cases, however, have all progressed to a point where their early and final disposition may be anticipated and the many vexed questions which have surrounded the settlement of these Arizona grant titles will have been finally disposed of.

I desire to express an appreciation of, and commend, the intelligent ability of Messrs. William H. Pope, assigned to my office as assistant attorney, and Will M. Tipton and Henry O. Flipper, special agents, whose assistance has facilitated the discharge of the duties belonging to this office.

In conclusion, permit me to extend my thanks for the confidence heretofore bestowed by you and to indulge the hope that my labors in the future may merit its continuance.

I have the honor to be, sir, your obedient servant,
MATT. G. REYNOLDS,

United States Attorney, Court of Private Land Claims.

The ATTORNEY-GENERAL,

Washington, D. C.

SCHEDULE No. 1.-List of cases in New Mexico district decided by the Court of Private
Land Claims from October 5, 1899, to October 5, 1900.