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Show BEPOBT OF COMNISSIONER OF INDIAN AFFAIBS. 96 Another grant known as the Antonio Leroux grant, made in 1742, covered a large part of the Antonio Martinez grant, including part of the tract which was sold to the Indians. The Indians held their lmds substantially without dispute until about 1861, when the owners of the Leroux grant laid claim to the overlapping tract. In order to get their grant confirmed by the Congress, which was done by the act of March 3, 1869 (15 Stat. L., 342), the Leroux people in 1861 acknowledged the Indians' holdings under the Martinez deed of 1818 and quit-claimed to the Indians their interest and title to this land purchased from the Martinez heirs, and also to that part lying east of the Rio Lucero to the foot of the mountains, which the Martinez purchase did not cover. The only consideration received from the Indians was the withdrawal of their opposition to the confirmation of the grant. The quit-claim was duly recorded in 1871. Several years ago A. R. Mamby purchased from persons claiming to be descendants of Antonio Martinez their interests in the Mar-tinez grant, and brought suit to quiet title. British capitalists are said to be interested in the Antonio Leroux grant. The government survey of the Leroux grant has been filed in the office of the surveyor-general of New Mexico and protests have been filed against its approval, and it is very probable that the land will be involved in liti-gation for many years. The Indians having evidence of title to parts of the territory covered by both grants are proper defendants in any case involving title to the land included in them. The parties interested in the Martinez grant have organized a com-pany known as The Taos Valley Land Company, which filed an appli-cation to appropriate water from Rio Lucero, Arroyo Hondo and Arroyo Seco and proposed to build a reservoir on Rio Lucero at a place which is claimed both by the Indians and by the other claim-ants to the Leroux and Martinez grants. The application specifies a reservoir less than 1,000 acre feet (in order not to conflict with the provisions of the Reclamation Service) and provides for impounding the water only during the flood season. But danger lies in the com-pany's being allowed to appropriate water at any time, as the Indians are not aggressive and are ignorant of the law, and would in time lose their water right. The application was so cleverly drawn that it seemed difficult to show just cause why the company should not be permitted to impound water during the flood season, and the o5ce secured the detail of R. J. W. Brewster, special agent of the Department of Justice, to visit the pueblo and use every legitimate means to protect the rights of the Indians. Before he could reach Taos Mr. Pollo&, a special agent of this oEce, and Mr. Abbott, special attorney for the Pueblos, were also put to work on the case and a protest was filed against the approval of the application. |