J.A. Peralta Reavis and Doña Sophia Loreta Micaela de Maso Reavis y Peralta de la Cordoba, his wife, and Clinton P. Farrell, trustee v. the United States of America : petition of claimants

BANCROFT

LIBRARY

<•

THE LIBRARY

OF

THE UNIVERSITY
OF CALIFORNIA

IN THE

0f Claims 0f % Unitcb Stains

AT WASHINGTON, D. C.

J. A. PERALTA REAVIS AND DONA
SOPHIA LORETA MICAELA DE MASO-
ItEAVIS Y PERALTA DE LA CORDOBA,
HIS WIFE, AND CLINTON P. FARRELL,

TRUSTEE,

v.

THE UNITED STATES OF AMERICA.

No. 16,719.

PETITION OF CLAIMANTS

PHIL. B. THOMPSON, JR.,

A tto rn ey fo r Cla im a n ts .

FREEMAN & MONEY, Washington, D. C.
LUTHER HARRISON,
ANDREW SQUIRE, Cleveland, Ohio.
FRANK H. HURD, Toledo,
W. BURKE COCKRAN, New York, N. Y.
JAMES O. BROADHEAD, St. Louis, Mo.
LOYD & WOOD, San Francisco, Cal.
H. S. BROWN,

of Counsel.

WASHINGTON :
GIBSON BROS., PRINTERS AND BOOKBINDERS.

1890.

IN THE

ttRKerh

Court of Claims of % itnitto States

AT WASHINGTON, D. C.

J. A. PERALTA REAVIS AND DONA
SOPHIA LORETA MICAELA DE
MASO-REAVIS Y PERALTA DE LA
CORDOBA, HIS WIFE, AND CLINTON
P. FARRELL, TKUSTEE,

v.

THE UNITED STATES OF AMERICA.

• 16,719.

PETITION.

The claimants, James Addison Peralta Reavis, and his
wife, Dona Sophia Loreta Micaela de Maso-Reavis y Peralta
de la Cordoba, and Clinton P. Farrell, Trustee, say that by
article six, clause two (Art. VI, 2) of the Constitution of
the United States it is provided : " This Constitution and
the laws of the United States which shall be made in pur-
suance thereof ; and all treaties made, or which shall be
made, under the authority of the United States, shall be the
supreme law of the land." * * *

It is further provided in the fifth amendment to the said
Constitution : " No person shall be * * * deprived of

2

life, liberty, or property, without due process of law ; nor
shall private property be taken for public use without just
compensation."

They further state that in pursuance of the above and
other provisions of the Constitution, giving to the United
States Government the right to declare war, make peace,
and treat with foreign powers, there resulted a sovereign
power authorized to acquire territory from foreign nations,
which it has continuously exercised. In the course of the
exercise of its legitimate powers, war was declared by the
United States of America against the Republic of Mexico,
and afterwards peace was made with said Republic by a
treaty known as the Treaty of Guadalupe Hidalgo, on
the 2d day of February, 1848, by which treaty certain ter-
ritory which had constituted, before the independence of
Mexico, a part of the possessions and realms of the King of
Spain, was ceded to the United States of America. The
independence of Mexico, which Republic had theretofore
been a part of the dominion of Spain, was accomplished on
the 16th day of September, 1824.

In Article YIII of the said Treaty of Guadalupe Hidalgo
it is provided : " In the said territories property of every
kind now belonging to Mexicans not established there shall
be inviolably respected, the present owners, the heirs of
these and all Mexicnns, who may hereafter acquire said
property by contract, shall enjoy with respect to it guaran-
tees equally ample as if the same belonged to citizens of
the United States." (U. S. Statutes at Large, vol. 9, p.
929). (Treaties, 108).

In pursuance of said powers granted by the Constitution,
another treaty was made between the United States of
America and the Republic of Mexico on the 30th day of
December, A. D. 1853, and is commonly known as the
Gadsden Purchase, by which treaties the lands hereinafter

described passed under the sovereignty and dominion of the
United States, to be held and controlled under the author-
ity of the Constitution. Article V of said Treaty of De-
comber 30, 1853, is in these words: " All the provisions of
the eighth and ninth * * * articles of the Treaty of
Guadalnpe Hidalgo shall apply to the territory ceded by
the Mexican Republic in the first articles of the present
treaty, and to ;ill the rights of persons and property, both
civil and ecclesiastical, within the same, as fully and as effec-
tually as if tlm said articles were herein again recited and
set. forth." (U. S. Statutes at Large, vol. 10, p. 1031 et seg.,
Gasden Treaty and Purchase.)

All the territory which was acquired by the United States
by virtue of said treaties and purchase from the Republic of
Mexico had, before the establishment of the Independence
of said Republic, been a part of the possessions of the King-
dom of Spain and subject to the power, dominion, and dis-
position of the King thereof. That the said King of Spain
was an absolute monarch at the time of said declaration of
independence and the Government of Spain an absolute
monarchy, whose laws are the will and pleasure of the King,
or usage and custom established by his consent, either ex-
pressed or implied, with full power on his part to dispose of
any part of his territory or dominions as he pleased, upon
such terms as he prescribed, by royal grant or otherwise.
And by virtue of his said power and authority, Senor Don
Miguel Silva de Peralta de la Cordoba, a captain of dragoons
in the Spanish army, having performed a signal service as
secret commissioner of the King, and fiscal agent of the city
of Cadiz, in determining the responsibility of the Jesuit
Fathers in the deficit that occurred in the King's tithe
throughout the Spanish domains, and more particularly in
the district of Arizonac, in Pirneria Alta (now Sonora and
Arizona), made his final report in 1742 to the King of Spain,

whereupon he was, by the King, created Baron de Arizonac
and Grandee of Spain, with the honorable title of Caballero
de los Colorados ; and also was granted by the King three
hundred square leagues of land of the royal domain for dis-
tinguished services rendered to the crown, which grant is
set forth and evidenced in the following muniments of title:

FIRST. A royal decree, signed at Madrid, on the 20th of
December, 1748, commanding the Viceroy of New Spain
to make a grant to Senor Don Miguel Silva de Feral ta de
la Cordoba, of three hundred square leagues of land, or
19,200,000,000 square varas, Castillion or Spanish common
measurement, to be located in the northern part of the
Viceroyalty of New Spain, now Arizona.

SECOND. Which royal decree, by order of the Secretary
of the Treasury, was referred through said Viceroy of New
Spain, for consideration to the Holy Tribunal of the Inqui-
sition of Mexico for the evidences of conflicting grants that
might have been made.

THIRD. In pursuance of said reference a report was made
by the said Holy Inquisitors in the City and Archbishopric
of Mexico, dated October 10, 1757, setting out that there
were no conflicting grants, and that they make no opposi-
tion to the location and selection by said Peralta. and that
the Indians were friendly to the said Peralta, and the loca-
tion proposed would prove beneficial.

FOURTH. An order of location was made by order of the
Viceroy of New Spain on the third day of January, 1758,
upon receiving said report giving to Senor Don Miguel
Silva de Peralta de la Cordoba a tract of land extending ten
leagues from North to South, and thirty leagues from East
to West, common measurement, to be located outside of the
Mission of San Javier in Pimeria Alta of the northern part
of the Viceroyalty of New Spain, to the east of the Sierras
Estrellas and to include the Gila river, together with all the

waters, currents, minerals, lands, and every other thing ap-
pertaining thereto, and conforming to royal patent.

FIFTH. An order of survey was made January 13, 1758?
directing SefLor Don Miguel Silva de Feralta de la Cordoba
to accompany the Father Francisco Pauer of the Mission of
San Javier, who was empowered to locate and give juridical
possession in conformity with the royal decree, by order of
the Viceroy .

SIXTH. The royal patent (a parchment containing coat of
arms arid decree of cession, witnessed by great seal of State)
was delivered into the hands of grantee as evidence of pos-
session, and a survey was made May 13, 1758, showing by
metes and bounds the location of the land granted, also
establishing a monumental stone at the east base of the
Maricopa Mountain, the most easterly of the Sierras Es-
trellas, upon which a map of the concession was engraved,
as information for the Pima Indians that they may respect
the order of the King, signed Francisco Pauer, M. D. P. S.
M. (authorized by His Majesty), Don Cristobal Vega and
Don Andres Galvez, declaring juridical possession given
with due solemnity arid in due form to said grantee Peralta.

SEVENTH. A testimanio was issued by the secretary of
the Holy Inquisition, dated 23d day of June, 1768, em-
bodying a history of the concession to Peralta as herein
cited.

EIGHTH. A petition was made by said Peralta, grantee as
aforesaid, to Carlos III, King of Spain, dated August 1,
1768, praying confirmation of the aforesaid concessions
made to him by Fernando VI, and located by order of the
Viceroy as aforesaid, on account of extensive mineral dis-
coveries thereon, which petition was signed Miguel de Pe-
ralta, Caballero de los Colorados.

NINTH. An order was made by Carlos III, dated Madrid,
January 20, 1776, granting the petition of said grantee

6

Peralta, and confirming the aforesaid concession made by
order of Fernando VI, December 20, 1748.

TENTH. That the said Don Miguel Silva de Peralta de la
Cordoba, Captain of Dragoons in the Spanish Army, Ca-
ballero de los Colorados, Baron de Arizonac, and Grandee
of Spain, did take possession of the " Hacienda de Peralta,"
in pursuance of said grant and did rehabilitate the ancient
ruins of the Casa Grande, which are located within the con-
cession made to him by the King, and did build exterior
buildings and a large exterior wall after the manner of ha-
ciendas, and did hold continuous possession until the ravages
of the Apaches forced abandonment ; and that he did pre-
serve a garrison witjiin such enclosure, and conducted re-
ligious services within the walls of the ancient Casa Grande.

ELEVENTH. A will was duly made and executed on the
third day of January, 1783, by said grantee, Don Miguel
de Peralta de la Cordoba, bequeathing to his wife, Dona
Sophia Ave Maria Sanchez, and his son, Miguel Peralta de
la Cordoba y Sanchez (two years of age), the residue that
may remain of all his property, of debts due to him, rights,
shares, and property that may thereafter be inherited by
him, they to share equally the property that may be left by
him ; provided, however, that should his said wife acquire
the ownership of the estate called " de Peralta," which con-
sists of three hundred square leagues, and is situated in the
Territory of Pimas Altas, etc., the legatee named shall be
obliged to respecUhe franchises and privileges which, in the
name of the King of 8pnin, have been conferred upon the
Pima Indians who occupy several villages upon the afore-
said estate, and by a codicil added to said will and dated in
the city of Guadalajara, the thirteenth of January, 1788,
he bequeathed to his said son, Miguel de Peralta y Sanchez,
the concession granted to him by the King of Spain, situ-
ated in Pimeria Alta, and which is the estate herein claimed
and described.

TWELFTH. That upon the death of the original grantee,
which occurred at Guadalajara in the year A. D. 1788, his
said infant son, Miguel de Peralta de la Cordoba y Sanchez,
went into the possession of said property and held and
owned the same by virtue of said grant and bequest, and
afterwards did construct a house within the bounds of the
concession made by the King of Spain to his father as
aforesaid, which house was known as Casa Blanca, and
was preserved and used for many years, and that the ruins
are known to this time by that name. That after the inde-
pendence of Mexico, grants of the Kings of Spain were
recognized and respected by said Republic, and in the year
1840 the said Republic, through one Floras, a military
governor, and with full power and authority from said Re-
public and as representative thereof, made and entered into
a tripartite agreement with said owner and the Pima Indi-
ans, for the protection of said property and of migrating
whites.

THIRTEENTH. A testimomo, by order of President Santa
Anna, April 5, 1852, embodying the principal orders as
herein recited, was sent to Don Miguel de Peralta de la
Cordoba y Sanchez, son of the Caballero de los Colorados, a
citizen of Hermesillo, in Sonora, the 12th of September,
185^, by his request, accompanied by an official letter from
the President extending to him and to the said grant the
protection of the Republic of Mexico.

FOURTEENTH. That said son and legatee, Don Miguel de
Peralta de la Cordoba y Sanchez, married, and of his mar-
riage had only one child, a daughter, who herself having
married Don J ose Carmin Maso y Castillia, of the city of
Cadiz, Spain, gave birth on the fourth of March, 1862, in
due course of nature, to twins, one of whom died, the other,
Dona Sophia Loreta Micaela Maso y Peralta de la Cordoba,
who is the only lineal descendant of said grantee, her mater-

8

nal great grandfather, is the claimant herein. The said
mother of claimant and only child of said legatee Peralta
died at that time, leaving the female claimant her only child.
That said Don Miguel de Peralta de la Cordoba y Sanchez
was called to Spain in the year 1863, and remained in Spain
until his death, which was in 1865, but before leaving for
Spain on the 2d day of January, 1863, lie made and execu-
ted his last will and testament, in which he bequeathed all
his property, including the aforesaid land, to his said grand-
daughter, the claimant herein, saying in substance that by
virtue of said will said grandchild is given the ownership of
the estate called " de Peralta," which consists by common
measurement of three hundred square leagues of land, lying
north of the San Javier Mission, in the Territory of New
Mexico, which was donated to Don Miguel de Peralta de
la Cordoba, Caballero de los Colorados, by Ferdinand VI,
King of Spain, on the 20th day of December, 1748 ; that
the tripartite agreement entered into by himself, Captain
Flores, the Mexican military governor, and the Indians, in
the year 1840, be respected and the franchises and privi-
leges acquired thereby be guaranteed to the Pima Indians.
To which will he added a codicil, dated at Madrid, April 9,
1865, confirming the bequest to his granddaughter, Dona So-
phia Loreta Micaela Maso y Peralta de la Cordoba, then re-
siding in Mendocino county, California, in the custody of
Dona Carmalita Maso de Castillia, her paternal grand-
mother, and which land is described as follows :

Beginning at the west end of the " monumental " stone
or rock which lies at the most eastern point of the eastern
base of the Maricopa Mountain, which is the eastern ex-
tremity of the Sierras Estrellas, situated upon the south
bank of the Gila river, opposite the mouth of the Salt river ;
which " monumental " stone is situated about eight and one-
half miles south of the Gila river, south about one hundred

and forty chains, and east twenty-five chains of the centre
of township 3 south, range 2 east, of Gila and Salt rivers
base and meridian, according to United States survey,
and lies about twenty feet in length from east to west, by a
width of about fifteen feet by eight feet in height, with a
map about 12 by 36 inches upon the south face ; thence
north, crossing the Gila and Salt rivers a distance of twenty-
four, eight hundred and eighty-five thousandths (24.885)
miles to a point ; thence east, one hundred and forty-nine,
three-tenths (149.3) miles to a point ; and from the west
end of the " monumental " stone, the place of beginning,
thence south a distance of twenty-four, eight hundred and
eighty-five thousandths (24.885) miles to a point ; and
thence east a distance of one hundred and forty-nine, three-
tenths (149.3) miles to a point; and thence northerly forty-
nine, seventy-seven hundreths (49.77) miles to the point
above described as the eastern extension of the northern
point of the western boundary line of said " concession of
Peralta " or Peralta grant.

That upon the eve of departure for Spain in said year
1863, the said Peralta, the legatee of the grantee, left an
agent, Sr. Don Antonio Pablo de Peralta, in charge of said
property, who remained in charge of the same until the
death of him, the said agent, which occurred about March,
1867, at La Paz in the said Territory of Arizona.

That the claimant, Dona Sophia Loreta Micaela de Maso-
Keavis y Peralta de la Cordoba, was engaged to be married
to the claimant, James Addison Reavis, and before marriage
they entered into a contract in writing by which she settled
upon her said expected husband an interest in said estate
equal to one-half thereof, and imposed upon him the con-
dition of adding " Peralta " to his surname, which he has
done, and they were married on the 31st day of December,
1882, and are now man and wife. This said contract bears
date December 31, 1882.

10

That by order of the Governor of the State of Jalisco,
.Republic of Mexico, the Custodian of Archives of the city
of Guadalajara, on the 16th day of November, 1881, by re-
quest of said James Addison Reavis, issued a transcript and
photographic copy of the codicil to the will of said grantee,
Senor Don Miguel de Feralta de la Cordoba, and order of
location of said grant, being of the probate proceedings of
said first legatee. And that by order of the Court of Sec-
ond Instance, in said city of Guadalajara, the Custodian of
the Archives of the Ancient Audencia of Guadalajara, upon
petition of said Reavis, did issue a testimonio of the title
papers of " Hacienda de Peralta," dated Guadalajara, No-
vember 28, 1883. And that the Director of Archives and
Protocols of the city of Madrid, Spain, did issue upon the
petition of said claimants, James Addison Peralta Reavis
and his wife, Dona Sophia Loreta Micaela de Maso y Per-
alta de la Cordoba, a testimonio containing wills, codicils,
and probate record made and executed according to the
laws, forms,rcustoms, and usages of the Kingdom of Spain
in the matter of the will of Don Miguel de Peralta de la
Cordoba y Sanchez, maternal grandfather of the said female
claimant, included in which and made a part thereof accord-
ing to said laws, customs, and usages, were the complete
title papers and evidence of possession given and succession
thereunto of " Hacienda de Peralta," or the lands claimed
herein, and thereupon, upon full proof of the identity of
said female claimant, and upon the execution of her receipt
therefor, all of said title papers were delivered to said claim-
ants who now hold the same, which are as follows :

FIRST. Royal Cedula.

SECOND. Testimonio, containing —

(a) Will and codicil of grantee, Senor Don Miguel de
Peralta de la Cordoba, first Caballero de los Col-
orados.

11

(b) Will and codicil of legatee, Don Miguel Peralta de

la Cordoba y Sanchez, second Caballero de los
Colorados.

(c) Concession and evidence of possession given of

" Hacienda de Peralta " or Peralta grant. Said
testimonio bears date Madrid, Spain, July 21,
1886.

The claimant, J. A. Peralta Reavis, is therefore the owner
of an undivided one-half of said property, subject to convey-
ances which he and his wife have since made to others, and
which are described below by reference to the United States
surveys, which surveys have, against their consent and with-
out their permission, been Extended over their said lands,
and may be described as follows :

Purchaser. Description. Consideration.

H. A. Tweed .S.W. J Sec. 6,T. 1 N.,R. 3 E., $125

Ex. 35 A.
L. W. Bleira S.W. J Sec. 27, S.E. J Sec. 320

28, T. 1 K, R. 4 E.
T. L. & I. Co S.W. i & S. i- N.W. i Sec. 680

15; Sec. 16 & N.W. J Sec.

22, T. 1 N., R. 4: E.
John Adams E. $ S.W. J Sec. 25, T. 2 N., 160

R. 2 E.
Mrs. A. A. Alexander. Lots 7 and 8, Blk. 77, City of 20

Phoenix.
Anna D. Alsap Lots 1, 2, 3, 4, 5, & 6, Blk. 95; 125

Lots 7 & 8, Blk. 75 ; also

part S.W. J Sec. 5, T.I N.,

R. 3 E., City of Phoenix.
Sallie A. Archer Lot 18, Blk. 24, City of Phoa- 10

nix.
Daniel Bagley S.W. J S.E. J Sec. 21, T. 1 N., 80

R. 5 E.
L. R. Balz Part of S.W. £ Sec. 5, T. 1 N., 296

R. 3 E.
F. G. Berry S.W. J Sec. 36, T. 2 N., R. 3 E . 320

12
Purchaser. Description. Consideration.

O. F. Black Lots 8, 10, & 12, Blk. 69; Lot 850

5, Blk. 5, of City of Phoenix.

J. K. Boner S.W. i Sec, 25, T. 2 JN ., E. 3 E . 320

John E. Boyd (Lots 4 & 6, Blk. 26, City of 1,305

Phoenix), Sec. 34, T. 1 S., E.

4E.
Patrick Broadway. . .N. i S.E. J Sec. 27, T. 2 N., 960

K. 4 E.
N. W. Broadway . . . . N. 4 Sec. 30, T. 1 N., E. 3 E.; 2,560

Sec. 33, T. 2 K, E. 5E.; E.

i- Sec. 25, T. 1 K, E. 2 E.
Thos. W. Brown. . . .Sea 25, T. 2 1ST., E. 5 E 1,280

F. L. Brill N.W. J Sec.4,t.lK,R.3E. 320

John E. Burger Lots 1, 2,3,4,5, &.6, Blk. 90; 200

Lots 9 & 11, Blk. 91, City of

Phoenix.
J. S. Byers Lots 11 & 12, Blk. 34 ; Lots 3, 75

5, & 11, Blk. 33, City of

Phoenix.

Fannie E. Clark S.E. J Sec. 35, T. 2 N., E. 3 E . 320

Geo. F. Coats Lots 1 & 3, Blk. 80 ; Lot 5, Blk. 1 60

77, | of W.i; Lot 10 &3^

in E. i of Lot 12, Blk. 21,

City of Phoenix.
Sarah E. Coats Lots 1 & 3, Blk. 75, City of 25

Phoenix.
Edward Cole Lot 12, Blk. 80; Lots 8 & 10 50

& frac. Lot 12, Blk. 84, City

of Phoenix.

G. M. Collins N.W. J Sec. 22, T. 1 N., E. 320

2 E.
Samuel Cook Lots 1, 3, & 5, Blk. 17; Lot 8, 100

Blk. 2; Lots 7& 9, Blk. 52,

City of Phoenix.

A. W. Casuer S.E. j Sec. 20, T. 1 N ., E. 4 E . 320

J. M. Cottan Lots 1. 2, 5, 7, & 9, Blk. 85 ; 575

Lots' 2, 3, 4, 5, 6, 7,8, 9,10,

11 , & 12, Blk. 44 ; Lots 7 &

20, 15 ft.; Lot 8, Blk. 20;

Lot 3, Blk. 9.

13

Purchaser. Description. Consideration.

J. M. Cottan Lot IT, Blk 22 ; Elk. 1 Neahr's

Add. to City of Phoenix.
Beverly Cox Lots 1, 3, & 5,' Blk. 10 ; Lots 8 $50

& 10, Blk. 41, City of

Phoenix.
I. H. Cox S.iN.W.Jof S.W.i,N.JS.W. .1,995

|ofS.W.JSec.9,T.lN.,B.3

E.; KE. i Sec. 29, T. 1 K, R.

4 E.; N.W.i Sec. 4, T. i K,

E. 5 E.;Sec. 11, T. 1 S.,4E.
Mrs. F. S. Cox Lot 7, Blk. 10; 155 Sq. Yds. ad 18

joining City of Phoenix.
J. M. Crnghton Lots 1 & 2, Blk. 74, City of 25

Phoenix.

B. A.Davis KE. J Sec. 21, T.I K, R.4E. 320

Mrs. B. H. Denee . . . Lots 6 & 7, Blk. 8 ; Lots 3, 4 & 70

5, Blk. 27 ; Lots 6 & 8 ,Blk.

14, Neahr's Add., City of

Phoenix.

T. S. Despain KW.jSec.36, T. 2 K,R.3 E. 320

Edward Dnpish Lots 1, 3, 5, & 7, Blk. 16, City 40

of Phoenix.

Charles Duncan S. W. J Sec. 27, T. 2 N., R. 3 E . 320

Guss Ellis KE.jSec. 33,T. 2K,R. 3E. 320

R. E. FarringtoD.. . .Elks. 5, 6 & 20, Neahr's Add. 100

City of Phoenix.
S. & F. Franklin .... Sec. 26, & E. J Sec. 27, W. 1 2,800

of W.J Sec. 25, KW. J Sec.

36, N.E. I of Kiof N.W.

J Sec. 35, T. 2 N., R. 2 E.
Samuel Franklin Lots 2, 4, 6, 8, 10, .& 12, of 150

Blk. 97, City of Phoenix ; and

that certain strip of land on

Salt River Canal adjoining

City.
Mrs. A. A. Fulton. .W. £, KE. £ Sec. 2, T. 1 K, 160

R. 3E.
William Gilson S.E. J Sec. 9,KW.i Sec. 10, 685

T. 1K,R. 3 E.; also lot 12,

Blk. 19, City of Phoenix.

14

Purchaser. Description. Consideration.

L H. Goodrich Lots 6, 15, & 2 inches ; Lot 4, $35

Blk. 24, & Lot 2, Blk. 78,

City of Phoenix.
P. 0. Goodrich E.24ft,& 6 in. in Lot 4, Blk. 78, 15

City of Phoenix.

Mrs. M. Goodwin . . . S.E. j Sec. 29, T. 2 1ST., K. 3 E. 320
Columbus H. Gray. .Sec. J4, E. J, Sec. 15, N. £ 2,560

Sec. 23, T. 1 S., E. 4 E.
Mary A. Gray N.E. i & S.W. J & N. J Sec. 800

17, T. 1 N., R. 3 E.
W. T. Gray '. .E. £ & E. £ W. £ Sec. 22, S. 1,600

i Sec. 23, T. 1 S., R. 4 E.
J. L. Gregg S. W. J Sec. 21, E. J K W. £ 500

Sec. 28, T. 1 N., R. 4. E.

Josiah Gregg N.E. i Sec. 32, T. 1 N., R. 4 E. 300

J. M. Gregory Lots 8 & 10, Blk. 13 ; Lots 2, 110

4, 6, 8, 10, & 12, Blk. 16 ;

Lots 5 & 7, Blk. 24; Lot 10,

Blk. 54, of City of Phoenix.
H. G. Grenham . . . E. ± Sec. 18, T. 1 N., R. 3 E . . 640

F. G. Hardiveck ... S.W. J Sec. 22, T. 1 N., R. 4 E . 320
J. B. Hawley Lots 5 & 7, Blk. 62, City of 5u

Phoenix.

G. W. F. Herritt . . .Lots 1, 3, & 5, Blk. 74, City 30

of Phoenix.

N. Herrick Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 350

11, & 12, Blk. 53, and Lots

I, 2, & 3, Blk. 65, City of
Phoenix.

George W. Hilliard .Sec. 35, T. 1 S., R. 4 E 1,280

George W. Hoadly. .Lots 1, 2, 3, 4, 5, 6, 7, 8,9, 10, 350

II, & 12, Blk. 40; Lots 10
& 12, Blk. 68, City of Phoe-
nix.

James P. Holcomb. .N.W. I Sec. 32, T. 2 N.; N. 640

W. I Sec. 6, T. 1 N., R. 3

E.
Ellen Holland Lots 1, 2, 3, & 4, Blk. 20 ; Lots 150

14, 16, & 18, Blk. 75, City

of Phoenix.

If)

Purchaser. Description. Consideration.

E. Irvine E. £ Sec. 13, T. 1 N., K. 2 E. ; $960

Lot Blk. 4; Lots 1, 2, & 11,

Blk. 6 ; Lot 88 Blk. 17 ; E.

\ Lot 10, Blk. 21 ; Lots 1,

2, 3, 4, 5,6,7, & 8, Blk. 22;

Lots 1, 3, 5, & 7, Blk. 36 ;

Lot 3, Blk. 37 ; Lot 2, Blk.

78 ; W. 24 ft. Lot 4, Blk.

84; Lots 2, 4, 6, 8, 10, &

12, Blk. 91, City of Phoe-
nix.
K. E. Isaac N.E. I & S.W. J Sec. 2, T. 1 960

N.; S.E. iSec. 35, T. 2 K,

R. 2E.

J. H. Isaac E. -J- Sec. 34, T. 2 K, K. 2 E. 640

William Isaac N.W. J Sec. 2, T. 1 N. ; S.W. 800

J & S. | N.W. J Sec. 35,

T. 2 N., E. 2 E.
Seneca Jenks N.E. J Sec. 28, N.E. J Sec. 640

25, T. 1 N., R. 4 E.
M. W. Kales. Lots 7, 9, 11, & 12, Blk. 21 ; 400

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,

10, 11, & 12, Blk. 93, City

of Phoenix.
M. W. Kales and Sol.

Lewis S.E. i Sec. 2, T. 1 N., R. 3 E. ; 395

' Lots 16, 17, &18, Blk. 65;

W. i Lots 8, Blk. 21, City

of Pho3nix.
M. C. Kellogg, et al. S.E. J Sec. 4, T. 1 N., R. 3 E. 640

S.W. J Sec. 34, T. 2 N., K.

2 E.
George E. Keraper. .Lots 1 & 3, Blk. 38; Lots 2, 70

4, 6, 8, & 10, Blk. 42, City

of Phoenix.

David C. Kling .... Sec. 25, T. 2 N., R. 4 E 1,280

H. A. Lewis N.E.J Sec. 26, T. 1 N.,R.4 E. 320

William Liggett Sec. 19, T. 1 N., R. 6 E 1,280

16

Purchaser. Description. Consideration.

John R. Loosely. . . .Lots 2, 4, & 6 Elk. 13, W. £ $100

Blk.32,Neahr'sAdd.toCity

of Phoenix.
G. H. N. Lahrs Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 400

11, & 12, Blk. 52 ; Lot 1, Elk.

60 ; Lots 8, 9, 10, and 1 2, Blk.

65; Lots 9 & 11, Blk. 80,

City of Phoenix.

0. L. Mahoney N. £ Lot 12, Blk. 24, City of

Phoenix.

Virginia Mahoney.. . W. 1 Sec. 27, T. 2 N., R. 2 E. 640
Nelson A. Marston . . Lots 1, 2, 3, 4, 5, 6, 7, & 8, Blk. 20

3, Dennis' Add. to City of

Phoenix.

1. McCollins N.E. i N.W. J Sec. 14,T. 1 N., 80

R. 3 E.
W. F. Melluty Lot 12, Blk. 10, City of Phoe- 10

nix.
John F. Moador N.W. J Sec. 5, T. 1 N., R. 3 340

E.; Lots 9 & 11, Blk. ll,City

of Phoenix.
John Miller JST.W. J Sec. 30, T. 2 N., R. 3 320

E.
P. Minor Lots 6, 10, & 12, Blk. 9 ; Lot 50

10, Blk. 11 ; E. 34 ft. & 10

in. Lot 4, Blk. 21, City of

Phoenix.

Joseph P. Moffett. . .S.E. J Sec. 10, T. 1 N., R. 3 E. 320
F. M. Moguett N.W. J S.E. J, N.W. J S.W. J 124

S.E.iSec.5,T.lN.,R.2E.
Joseph Maihan N.E. J Sec. 11, T. 1 N., R. 2 320

E.
John B.Montgomery . S.W. J Sec. 8, N.W. J Sec. 17, 640

T. 1 N., R. 3 E.

J. A.Moore Sec. 26, T. 1 S., R. 4 E 3,280

W. B. Moore W. £ S.W. J Sec. 25, T. 2 N., 160

R. 3 E.
Matthew R. Norrell. , S.W. J Sec. 14 ; N. £ N. 1 Sec. 640

23, T. 1 N., R. 3 E.

17

Purchaser. Description. Consideration.

Thomas Morrow. . . S.W. J Sec. 26, T. 1 N., R. 4 $300

E.

Jaines Murphy N.W. J Sec. 9, T. 1 N., R. 3 E. 320

John P. Osboru N.W. J Sec. 28, T. 2 N.,R. 3 E. 320

W. L. Osborn S.E. J Sec. 30, T. 2 N , R. 3 E.

Fred. Pollock S. 23 ft. Lot 13, Blk. 24, City 25

of Phoenix.
George B. Roberts . .Lots 11, 12, & 13, Blk. 20, City 30

of Phoenix.
William H. Roberts. N.E. J Sec. 25, T. 2 N., R. 3 E. 320

Alice Robinson Lots 1, 3, 5, 7, 9, & 11, Blk. 97, 60

Flora B. Basan The whole of Blk. 14, City of 150

Phoenix.

L. H. Roy ce and ( T ft -D,, 7,
E.J. Monk |Lot6,Blk.74

J. D. Rumberg N.E. J Sec. 6, T. 1 N., R. 3 E. 320

S. Y. Schlessenger. . .Sec. 35, T. 2 N., R. 3 E 1,280

W. Sears E. J- N.E. J Sec. 2, T. 1 N., R. 160

3 E.
Marion Sears N. 1 N.E. J Sec. 29, T. 2 N., 160

R. 3 E.

Emeline Sharp Lots 7, 8, & 11, Blk. 82 75

Robert Shultz N.E. J Sec. 36, T. 2 N., R. 2 E. 320

L. R. Shaw S.W. i Sec. 11, T. 1 N., R. 3 E. 320

William T. Smith... W. 1 Lot, Blk. 78; Lot 15, 90

Blk. 22 ; Lot 7, Blk. 33 ; W. 2

ft. Lot 5, Blk. 33, City of

Phoenix.

E. E. Stafford Sec. 5, T. 1 N., R. 5 E.; Sec. 30,- 2,247

T. 2 N., R. 5 E.

G. J. Smith S. J- N.E. i Sec. 29, T. 2 N., R. 160

3E.
J. T. Simms E. J Sec. 5, T. 1 N., R. 3 E.; 960

S. i, Sec. 32, T. 2N.,R. 3 E.
James Stinson Lots 1, 3, 5, & 7, Blk. 13, N. J, 680

Sec. 2, T. 1 S., R. 4 E.

F. W. Streeper W. \ S.W. J Sec. 36, T. 2 N., 80

R. 2E.
Rebecca Strand Lot 1, Blk. 24, City of Phoenix. 25

18

Purchaser. Description. Consideration.

Ira Strand Lots 7, 8, 9, 10, 11, & 12, Blk. S-5

94, City of Phcenix.

Joseph Tasker S.W. J Sec. 30, T. 2 K, R. 3 345

E.; Lots 2 & 7, Blk. 2, 345
Neahr's Add. City of Phoe-
nix.

Mrs. Emma Veil. . . .N.W. J S.E. J Sec.fl2, T. 1 N., 640
R. 3 E.

S. F. Webb" N.E. J Sec. 30, T. 2 N., R. 3 E. 320

B. R. Wharton Lots 8 & 10, Blk. 10, City of 20

Phoenix.

White, Mrs. Lizzie. .Sec. 17, T. 1 N., R. 6 E 1,280

White, William J. . .Sec. 18, T. 1 N., R. 6 E 1,280

W. E. Williams Lots 7 & 9, Blk. 14; Lot 2, Blk. 250

10; Lots 1, 2, 3, 4, 5,6, 7, 8,
9, & 10, Blk. 29; Lot 7, Blk.
32; Lots 1,3,5,7, & 11, Blk.
41, City of Phoenix.

W. J. Wilson N.E. i & 1ST. J- S.E. J Sec. 14, 480

T. 1 N., R. 3 E.

Sam. Win Lot 2, Blk. 8, City of Phoenix. 50

J. S. Wing S. i S.E. J Sec. 3, T. 1 N., 160

R. 5 E.

J. Wood S.E. i Sec. 3, T. 1 N., R. 3 E. 320

Mary H. Woolsey. . .S.E.JJ Sec. 3, T. 1 N., R. 3 E. 320

W. H. Dempsey S. £ Sec. 5, S.E. ± & S. £ N.E. 1,000

i Sec. 6, T. 5 S., R. 8 E.

A. Mason 1,400 acres, by metes and 2,700

' bounds, of Tps. 4 & 5 S., R.
9 E.
S. A. Bartlesone. .. .122 acres, by metes and bounds, 250

of Sec. 35, T. 4 S.,"R. 9 E.

W. L. Bailey & wife. 31 acres, by metes and bounds, 210
of Sec. 34, T. 4 S., R. 9 E.
& 3J- Blks. in City of Flor-
ence ; Sec. 35 & 36, T. 4 S.,
R. 9JE.

Lucy Long 160 acres, by metes and bounds, 250

Sec. 34, T. 4 S., R. 9 E.

19

PurcJiaser. Description. Consideration.

School Dist. No. 1 . .Elks. 41 & 100, City of Flor- $10

ence, Sec. 34, T. 4 S., R. 9 E.
Town of Florence. . . Public square of Florence, Sec. 10

34, T. 4 S., R. 9 E.
Final County Blk. 67, City of Florence, Sec. 10

34, T. 4 S., R. 9 E.

D. O. Stevens Seven lots, metes and bounds . . 20

T. H. Stage Co One Blk. do. do. . . 25

Henry C. Rogers . ( Trustees for 15,820 acres of ?
George W. Sirrine i T. 1 N. $

John M. Lewis . . . ( Mesa City Colony, R. 5 E.,G. 7
Elijah Fomeroy .. ( & S. R. Base and Meridian. )
John T. Dennis S.W. ± Sec. 9, T. 1 JS., R. 3 320

E. ; G. & S. R. B. & M.
Elias M. Block N.E. J N.W. J, S. £ N.W. J, 820

N.W. i S.W. i Sec. 17, T. 1

N., R. 3 E.
S. F. R. R. Co Townsite of Maricopa, being 50,000

S.W. i Sec. 12 & N.W. \

Sec. 13, T. 4 S., R. 2 E.,

also right of way.
S. K. Mining Co. . . -Mines and mill site, by metes 25,00u

and bounds, located in N.W.

i, T. 2 S., R. 12 E.
B. Barney Mining property by location 5,000

and metes and bounds in N.

i, T. 2 S.
B. H. Summers 320 acres Sees. 25 & 26, T. 4 650

S., R. 9 E.
Hinson Thomas . . . .One lot City of Florence, Sec. 10

36, T. 4. S., R. 9 E.
W. E. Guild Four Elks., City of Florence, 100

Sec. 35, T. 4'S.
J. M. Ochoa One and one-half Blks. in City 400

of Florence, Sees. 35 & 36,

T.
Geo. Scott & wife . . . Sees. 25 & 36, T. 5 S., R. 15 E. 1,280

20

All of Gila arid Salt River base and meridian according
to United States survey.

And on the 24th day of November, 1887, they conveyed
to Clinton P. Farrell, of the city of New York, who joins
in this action as a claimant, the title to all of said land ex-
cept township 5 south, range 8 east, of Gila and Salt River
base and meridian, according to United States survey, the
same being the location of the ancient Casa Grande, to be
held in trust for the benefit of claimants, and a usufruct
interest in the Casa Grande Improvement Company of
Arizona. They say that by the said treaties made between
the United States of America and the Republic of Mexico,
the United States of America bound itself, contracted and
agreed, that property of every kind in said territory be-
longing to Mexicans not established there, should be invio-
lably respected, and that the present owners, their heirs,
and all Mexicans, who might thereafter acquire said prop-
erty by contract shall enjoy with respect to it guarantees
equally ample as if the same was the property of citizens of
the United States, by which said treaties the United States
has contracted and agreed with claimants, and under the
Constitution and laws is bound to give and afford to claim-
ants full protection and title to their said property, and not
take the same for a public purpose without just compensa-
tion.

The claimants further say that by an act of Congress
passed and approved March 3, 1887, entitled "An Act to
provide for the bringing of suits against the Government of
the United States," it is provided in section one of said act
"That the Court of Claims shall have jurisdiction to hear
and determine the following matters : FIRST. All claims
founded upon the Constitution of the United States or any
law of Congress, except for pensions, or upon any regula-
tion of any Executive Department, or upon any contract,

21

expressed or implied, with the Government of the United
States, or for damages liquidated or unliquidated, in cases
not sounding in tort, in respect of which claims the party
would be entitled to redress against the United States either
in a court of law, equity, or admiralty, if the United States
were suable : Provided, however, That nothing in this sec-
tion shall be construed as giving to either of the courts herein
mentioned jurisdiction to hear and determine claims grow-
ing out of the late Civil War, and commonly known as war
claims, or to hear and determine other claim? which have
been heretofore rejected or reported on adversely by any
court, department, or commission authorized to hear and
determine the same." And by section 16 of said act it is
provided " That all laws and parts of laws inconsistent with
this act are hereby repealed."

Claimants further say that no action has ever been had
by Congress upon said claim ; that it had not been, before
March 3, 1887, rejected or reported on adversely by any
" court, department, or commission authorized to hear and
determine the same." That a report was made upon said
claim within the last sixty days of some nature by the Sur-
veyor-General of Arizona, but they are unable to give its
character, as their application for a copy has up to this time
been refused or not complied with by the Department ; but
said Surveyor-General had no authority to hear or determine
their claim, nor has any one ever had this authority except
the Congress itself until the passage of the act of March 3,
1887, conferring it upon this Court. They sa^y they are the
sole owners of said claim ; that no assignments of any part
thereof or interest therein have ever been made by any of
the original or prior owners thereof or by them since, ex-
cept as hereinbefore set forth for the objects, purposes, and
upon the considerations stated in this petition, and no other
persons except as herein stated have or hold any interest in
said claim whatever.

22

The claimants, therefore, pray the Court in the exercise
of its powers, both legal and equitable, to ascertain by
proper survey the exact boundary of said lands as connected
with the United States surveys of public lands, and reserve
the same from public sale by the Executive Department,
until their title to the same is ascertained and finally de-
termined ; they pray the judgment of this Court, confirm-
ing their title to said land, and decreeing that their right,
title, and possession of said land is good and valid, and that
the executive officers of the Government be compelled to
respect it and complete it by issuing a patent for it to the
said female claimant, arid for all such relief in the premises,
both legal and equitable, as is just and proper.

J. A. PERALTA REAVIS.

DONA SOFIA LORETA MICAELA DE MASO-REAVIS
Y PERALTA DE LA CORDOBA.

CLINTON P. FARRELL, Trustee.
per J. A. PERALTA REAVIS.

PHIL. B. THOMPSON, JR.,

A ttorn ey for Claiim.ui ts.
JAMES O. BROADHEAD,
FREEMAN & MONKY,

of Counsel.

Subscribed and sworn to before me, by the claimants,
this 25th day of January, 1890.

[SEAL.] HARRY M. EARLE,

* Notary Public.

IN THE

<£0uri 0£ (Claims 0f tfjc Uuiteb States

AT WASHINGTON, D. C.

J. A. PERALTA EEAVIS AND DONA I
SOPHIA LORETA MICAELA DE MASO-
REAVIS Y PERALTA DE LA CORDOBA, |
HIS WIFE, AND CLINTON P. FARRELL, I No. 16,719.

TRUSTEE,

v.

THE UNITED STATES OF AMERICA.

PARAGRAPH No. 2.

The claimants, repeating each and every allegation of the
first paragraph of their petition herein, now by leave of
Court come and amend the same, and further say, that the
defendant, the United States of America, by its said Consti-
tution and said treaties made under its authority, contracted
and agreed, that said Don Miguel Peralta de la Cordoba y
Sanchez, who was not at the time of the making of said
treaties established within the territory covered by them,
but was a citizen of the city of Hermisillo, in the Repub-
lic of Mexico, and the persons to whom the land in contro-
versy, known as " Hacienda de Peralta " or " Peralta
Grant," belonged, and for whose benefit in part said coir
tract and agreement were made, and who has accepted the

same and claimed the benefit thereof, should have his prop-
erty inviolably respected, and that he And his said heirs arfd
purchasers from them should enjoy with respect to said
property guarantees equally ample as if the same belonged
to citizens of the United States. They say they have ac
cepted said contract, agreement, and guarantee made as
aforesaid for their benefit, and now come and ask the Court
to enforce the same.

They say the United States have not performed the terms
and conditions of said agreement, which was made upon a
good and valuable consideration, but have failed to keep
and perform the same in the following particulars :

First. They have not had said property inviolably respected,
but have suffered and permitted the officers of the United
States, charged- with the administration of the laws relating
to the sale and disposal of its own public lands, to extend
the surveys of said public lands over a portion of said
property, in the aggregate approximating one million two
hundred and eighty-seven thousand acres, to throw the same
open to settlement under said laws, and to sell and dispose
of a large amount of said land, and to collect the cash aris-
ing from said sales and deposit the same in the Treasury of
the United States, and apply the same to the public use.

That the President of the United States, by an executive
order, dated August the 5th, 1873, and a further order dated
July 21, 1874, did reserve a large amount of these said lands,
in the aggregate approximating one million five hundred and
sixty-six thousand acres, for the uses and purposes of
the United States, and did appropriate the same to
said uses and purposes, and did take actual possess-
sion thereof, and has held, used, and occupied the same
for said public purposes and uses from said dates until nowr,
all of which acts, while not expressly authorized by any
legislative act, have been acquiesced in and adopted by the

defendant. That by an act of Congress approved February 28,
1859, vol. 11, page 401, U. S. Statutes at Large, and by exec-
utive orders, a further portion of said lands, aggregating ap-
proximately twenty-four thousand six hundred acres, was
reserved for the uses and purposes of the defendant and was
taken possession thereof, and the said defendant and those
acting under its authority and for it have appropriated an
excessive amount of water from the Gila river for irrigating
purposes for its use, and have held, used, and occupied the
same and said lands for public purposes and uses from said
dates until now. That they cannot state, with the partic-
ularity required by the rules of this Courf^lliie amount of
land embraced in either of the foregoing counts, nor the
amount sold and disposed of, nor the parties to whom the
sales were made, nor the amounts of money received from
said disposals and appropriated by the defendant, nor the
exact amount of land held, occupied, and used as aforesaid
without a report from the General Land Office in the De-
partment of the Interior, or an inspection of its books and
records ; and they have not been able to investigate said
books or get said information, although they have applied
for the same ; and they now invoke the power of this Court
to procure the said information, asking leave, upon the report,
to amend this claim so as to conform to the facts ; but, pend-
ing said report, they allege that the amount realized from the
said sales is not less than live hundred thousand dollars. They
say the value of said lands so sold and disposed of amounts to
two millions of dollars, not estimating the improvements
placed upon the same. That the present value of the land
taken possession of by defendant, as stated aforesaid, by the
extension of the public survey as aforesaid, but not yet sold
or otherwise disposed of — in the aggregate about one mil-
lion acres — amounts to, in value, five million dollars. That
the use and occupation of the lands, held as aforesaid by ex-

ecutive orders dated August the 5th, 1873, and July 31, 1874,
is reasonably worth fifteen cents per acre per annum, or
about two hundred and thirty-four thousand nine hundred
dollars annually from the date of such occupancy ; and,
that the use and occupation of the lands appropriated by act
of Congress, February 28, 1859, as aforesaid, is reasonably
worth twetny-five cents per acre per annum, or six thousand
one hundred and twenty-live dollars annually from the dates
of said act and executive orders.

Second. The claimants say that the defendant has not al-
lowed them to enjoy guarantees equally ample with respect
to said property as if the same belonged to citizens of the
United States at the time of said purchase.

That the Constitution of the United States secures to ev-
ery citizen thereof the full, free enjoyment of his property,
of which he cannot be deprived except by due process of
law, nor can such property be taken for public use without a
just compensation. They say that, in violation of said con-
stitutional guarantees, which are extended to them by said
treaties, and which are ample for the protection of the prop-
erty of all citizens of the United States, the officers of the
United States charged with the execution of its laws relat-
ing to the sale and disposal of the public lands, without any
judicial process or judgment of any Court, have treated
their said property as part of the public lands of the United
States, have extended over a large part thereof the public
surveys, have opened the same to entry by the citizens of
the United States, and have sold and disposed of a large
amount thereof, as above stated in the first claim of this
paragraph, and have collected the purchase-money for such
as was sold for cash, and are in process of collecting for
the residue, have completed the title thereto by issuing
final certificates of entry and patents for the same, have
deposited the cash received for the same in the public

Treasury — which acts of said officers have been adopted,
acquiesced in, and consented to by the defendant, by the
appropriation of said money to the payment of public debts
and public use of the Government by the various acts of
Congress. Other of said lands have been disposed of under
the homestead laws by said officers, without price, under
color of said law and color of their authority. That others
have been occupied and used by the defendant as stated in
the first clause of this paragraph. The amount disposed
of, so occupied and used, cannot be accurately stated for the
reasons given above, but will be when the report is obtained.
They say they have never in any way been compensated
for said land or any part thereof; they have never received
the said proceeds or any part thereof ; that the amount of said
proceeds is not less than five hundred thousand dollars, and
that the lands so sold and disposed of are of the value of
two millions of dollars, not estimating the improvements
placed upon the same. They have never been paid or in
any way compensated for the use and occupation of their
said lands or any part thereof, and that the lands occupied
as aforesaid by executive orders as aforesaid, and by act of
Congress as aforesaid, and for which the plaintiffs have re-
ceived no compensation whatever by defendant, and for
which use and occupation the plaintiffs are justly entitled to
be paid as aforesaid, aggregate -at this date about four mil-
lion dollars, no part of which has ever been paid to plain-
tiffs by defendant, nor to any one else.

The say, in consideration of the failure of the United
States to keep and perform the conditions, stipulations, and
agreements in its said contracts, they have been damaged,
and received and sustained damages, to the amount of six
million dollars, for which they pray judgment and for all
proper relief.

PARAGRAPH No. 3.

The claimants say that they are the owners of the follow-
ing described property situated in the Territory of Arizona
and bounded as follows : Beginning at the west end of the
" monumental " stone or rock, which lies at the most east-
ern point of the eastern base of the Maricopa Mountain,
which is the eastern extremity of the Sierras Estrellas, situ-
ated upon the bank of the Gila river opposite the mouth of
the Salt river, which "monumental" stone is situated about
eight and one-half miles south of the Gila river, south about
one hundred and forty chains, and east twenty-five chains of
the centre of township 3 south, range 2 east, of Gila and
Salt rivers' base and meridian according to United States
survey, and lies about twenty feet in length from east to
west, by a width of about fifteen feet, by eight feet in height,
with a map about 12 by 36 inches upon the south face ;
thence north, crossing the Gila and Salt rivers a distance
of twenty-four eight hundred and eighty-five thousandths
miles to a point ; thence east one hundred and forty-nine
three-tenths miles to a point; and from the west end of the
"monumental" stone, the place of beginning, thence south
a distance of twenty-four eight hundred and eighty-five
thousandths miles to a point ; and thence east a distance of
one hundred and forty-nine three-tenths miles to a point ;
and thence northerly forty-nine seventy-seven hundred the
miles to the point above described as the eastern extension
of the northern point of the western boundary line, consti-
tuting a parallelogram, as above described^ embracing parts
of the counties of Maricopa, Final, Gila, and Graham in
said Territory.

That the United States has, through its officers charged
with the execution of the laws relating to the survey, sale,
and disposal of its own public lands, taken a large portion

of said land, of the value of two million dollars, a descrip-
tion of which cannot now be furnished, nor can claimants
state their case with the particularity required by the rules
of this Court without an examination of the records and
papers relating to the same in the General Land Office in
the Department of the Interior, and have been unable to
obtain a sufficient examination of such records and papers,
although application has been made to do so to said De-
partment ; the records referred to being the land-books,
showing the lands disposed of by legal subdivisions, within
the boundaries of the said Peralta Grant ; also the patent
records, which will disclose such of said lands so disposed of
as have been patented, and the papers referred to being
those relating to the various entries which have been made,
from time to time, within the limits of said grant ; also the
plats of the Pirna and Maricopa Indian Reservation ; and
also the plats of the White Mountain Indian Reservation,
and the plats of all public surveys made under the direction
of the said Land Department within the bounds of the said
Peralta Grant or Hacienda de Peralta, as described in Par-
agraph No. 2, of this petition, and through their officers,
agents, employes, and others have occupied, held, controlled,
and used a large amount thereof for public purposes as
stated in Paragraph No. 2 aforesaid, and have thus converted
the said property without any process of law, without the
judgment of any court or any judicial proceeding whatever,
to the public use, and without any compensation to the
claimants, who are now citizens of the United States, and
were and are the owners thereof, and entitled to compensa-
tion for the same under the Constitution of the United
States, and the laws thereof, without reference to said treaty
stipulations, or in any way dependent upon or growing out
of the same.

They say by the Constitution and an act of Congress

8

(Vol. X, page 308, U. S. Statutes at Large) approved July
22, 1854, and by act of July 15, 1870, U. S. Statutes, Vol.
16, p. 304, supplemental thereto, the defendant is barred,
and has been barred from legal right to take possession
and offer for sale any portion of said lands, except for a
public use, and upon payment of just compensation, and
that in violation of said act of Congress and the act supple-
mental thereto, the defendant, as stated aforesaid, by the
extension of the public survey as described in Paragraph
2 of this petition, has taken possession and offered for sale
for a public use the further amount of said land as afore-
said, aggregating approximately one million acres of the
present value of five million dollars, as described in Para-
graph 2 aforesaid. They say they are justly entitled to be
compensated for their said lands, and for the use and occu-
pation of the same as aforesaid ; that no action has ever
been had by Congress upon said claim ; that it had not been
before March 3, 1887, rejected or reported on adversely by
any court, department, or commission authorized to hear
and determine the same,. They say they are the sole own-
ers of said claim ; that no assign-men ts of any part thereof
or interest therein have ever been made by any of the
original or prio;- owners thereof or by them since, and no
persons except as herein stated have or hold any interest
in said claim whatever. The claimants, therefore, pray the
Court in the exercise of its powers, both legal and eqnita
ble, to ascertain by proper survey the exact boundary of said
lands as connected with the United States surveys of public
lands, to ascertain the amount of their said land taken for
public use as aforesaid and the value thereof, and the pro-
ceeds arising from the sale of same; to ascertain the amount
used and occupied as aforesaid, and the reasonable amount
due them for such use and occupation, and they pray judg-
ment for the value thereof so ascertained. They pray
judgment for six million dollars, damage as aforesaid, and

for all further and other relief which the Court can grant,
both legal and equitable, and they further pray the Court
in the exercise of its powers, both legal and equitable, to
ascertain the proper amount of said lands appropriated for
such public use and not yet sold by defendant, as aforesaid ;
to ascertain the exact value thereof, and they pray
judgment for the value thereof so ascertained. They
pray judgment for the further sum of five million
dollars damages, together with the six million
dollars damages as aforesaid, or in the aggregate eleven
million dollars damages as recited in each count aforesaid,
and for all further and other relief which the Court can
grant, both legal and equitable.

J. A. PER ALT A RE AVIS.

Dona SOFIA LORETA MICAELA DE MASO-

REAVIS y PERALTA DE LA CORDOBA.

CLINTON P. FARRELL,
per J. A. PERALTA RE A vis.

PHIL. B. THOMPSON, Jr.,

A ttorncy for Claimants.
FREEMAN & MONEY, Washington, D. C ,
LUTHER HARRISON,
ANDREW SQUIRE, Cleveland, Ohio,
FRANK H. KURD, Toledo,
W. BURKK COCKRAN, New York, N. Y.,
JAMES O. BROADHEAD, St. Louis, Mo.,
LOYD & WOOD, San Francisco, Cal.,
H. S. BROWN, " "

of Counsel.

Subscribed and sworn to before me, by the claimants,
this 14th day of March, 1890.

[SEAL.] WM. C. HARPER,

Notary Public.