Joseph McKenna

“ The mere fact of a claimed Mexican grant did not reserve the lands covered by it. Ibid. It was only after their presentation to the surveyor general of New Mexico for his report thereon that the lands were reserved 'until the final action of Congress.' There was no reservation except by this statute, and it related only to lands covered by a claim presented to the surveyor general. There is no language in the treaties which implies a reservation. ”

“ A few words of explanation will make certain the extent of our decision. In adjustment of the conflict between the Baca grant and the grant to the town of Las Vegas, the act of 1860 was passed. The quantity and the manner of location were defined. The land was to be located in square bodies and be 'vacant land, not mineral, in the territory of New Mexico,' and it was made the duty of the surveyor general of New Mexico to survey and locate the lands when selected by the heirs of Baca. ”

“ It is suggested, however, by appellees that appellants urge that certain claimed Mexican grants conflict with the location, and that the opinion leaves uncertain the effect of this, and that therefore it may encourage or require further litigation. Appellants assert that the effect of the claimed Mexican grants is reserved from decision, and yet the Land Department is enjoined from exercising any jurisdiction over the conflicting areas. ”