UNITED STATE MILITARY RESERVATIONS,
NATIONAL CEMETERIES,
and
MILITARY PARKS
of
NEW MEXICO
Publ. 1916.
Transcribed by Richard Ramos
UNITED STATE MILITARY RESERVATIONS,
NATIONAL CEMETERIES,
and
MILITARY PARKS
of
NEW MEXICO
Publ. 1916.
Transcribed by Richard Ramos
New Mexico
General Act of Cession
Be it enacted by the legislature of the State of New Mexico:
Section 1. That the consent of the State of New Mexico is hereby given, in accordance with the seventeenth clause, eighth section, of the first article of the Constitution of the United States to the acquisition by the United States, by purchase, condemnation, or otherwise, of any land in this State required for sited for customhouses, courthouses, post offices, arsenals, or other public buildings whatever, or for any other purposes of the Government.
Sec. 2. That exclusive jurisdiction in and over any land so acquired by the United States shall be, and the same is hereby, ceded to the United States for all purposes except the service upon such sites of all civil and criminal process of the courts of this State; but the jurisdiction so ceded shall continue no longer than the United States shall own such lands.
Sec. 3. The jurisdiction ceded shall not vest until the United States shall have acquired the title to said lands by purchase, condemnation, or otherwise; and so long as the said lands shall remain the property of the United States, when acquired as aforesaid, and no longer, the same shall be and continue exempt and exonerated from all State, county, and municipal taxation, assessment, or other charges which may be levied or imposed under the authority of this State.
Sec. 4. That is necessary for the preservation of the public peace and safety of the inhabitants of the State of New Mexico, that the provision of this act shall become effective at the earliest possible time, and therefore an emergency is hereby declared to exist, and this act shall take effect and be in full force and effect from and after its passage. (Approved June 10, 1912, Laws of New Mexico, 1912, p. 74, chapter 47.)
FORT BAYARD
This reservation is situated 2 miles from Halls, on the Silver City & Northern Railroad, in Grant County, and contains about 14,100 acres.
Title.--By Executive order of April 19, 1869, the original reservation was made, containing nearly 14 square miles, a post having been established thereon August 21, 1866.
By Executive order of July 15, 1905 (G. O. 145, W. D., August 26, 1905), a tract of 28 acres (28 rods wide and 160 rods long), lying along the north boundary, was placed under the control of the Secretary of the Interior under act of July 5, 1884 (23 Stat., 103), the same having been, through error of Interior Department, included in patents to a private party.
By Executive order of July 14, 1906 (G. O. 134, W. D., July 24, 1906), the boundaries were modified to conform to plats of General Land Office, and to include a strip 80 links wide between the west boundary and the section line.
By Executive order of May 2, 1914 (No. 1927), the public lands situated in the NW. ¼ of the NW. ¼ of sec. 7, T. 18 S., R. 12 W., and the E. ½ of the SE. ¼; the S. ½ of the NE. ¼ and the NW. ¼ of sec. 1, T. 18 S., R. 13 W., N. M. P. M., were temporarily reserved for the use of the War Department in connection with the construction through said lands of a military road from the railroad station at Bayard to Central, en route to Fort Bayard. In addition to the above by Executive order of June 6, 1914 (No. 1954), the public lands situated in the NE. ¼ of the NE. ¼ of sec. 12, T. 18 S., R. 13 W., N. M. P. M., in said State were also temporarily withdrawn from settlement in connection with the construction of said road.
Lands to the north and northeast of the reservation, aggregating about 4,493 acres, were reserved and purchased for the protection of the water supply of Fort Bayard, as follows:
1. Executive order of May 23, 1907 (G. O. 120, W. D., June 3, 1907), reserving several tracts aggregating about 1,560 acres within the limits of the Gila National Forest.
2. Executive Order of July 23, 1908 (G. O. 126, W. D., August 10 1908), reserving several tracts aggregating about 557 acres.
3. Executive order of November 13, 1908 (G. O. 187, W. D., November 25, 1908), reserving 80 acres.
4. Executive order of June 22, 1910 (G. O. 134, W. D., July 13, 1910), reserving several tracts, aggregating 479 acres, within the limits of the Gila National Forest.
5. Executive order of October 22, 1910 (G. O. 206, W. D., November 4, 1910), reserving the S. E. ½ of the N. W. ¼ and the S. W. ¼ of the N. E. ¼ of sec. 18, T. 17 S., R. 12., of the New Mexico meridian, within the limits of the Gila National Forest.
6. Executive order of April 24, 1911 (G. O. 59, W. D., may 6, 1911), reserving the N. W. ½ of the N. E. ¼ of sec. 10, and the W. ½ of the S.E. ¼ and the N. E. ¼ of the S. E. ¼ of sec. 3, in T. 17 S., R. 13 W., of the New Mexico meridian, within the limits of the Gila National Forest.
7. Warranty deed from Thomas E. Harrington, et ux., dated August 31, 1907, conveying 322.41 acres. Recorded in book 47, pages 79 and 80 of the deed records of Grant County.
8. Quitclaim deed from Frank W. Eaton, jr., et ux., dated August 21, 1907, conveying 120 acres. Recorded in book 47, pages 57 and 58, of same records.
9. Quitclaim deed from Charles Eaton, dated August 21, 1907, conveying 160 acres. Recorded in book 47, page 56, of same records.
10. Quitclaim deed from Albert Eaton, dated August 2, 1907, conveying 160 acres. Recorded in book 57, pages 56 and 57, of same records.
11. Warranty deed form Minnie Paeske, widow, dated February 15, 1908, conveying . 160 acres. Recorded in book 57, pages 153 and 154, of same records.
12. Warranty deed from Charles Stephens et ux., dated August 20, 1908, conveying 26 acres. Recorded in book 47, pages 238 and 239, of same records.
13. Warranty deed form Melvin E. McElvain et ux., dated August 28, 1908, conveying 344 acres. Recorded I n book 47, pages 81-83, of same records. Title to this tract also acquired under decree in condemnation of March 20, 1908.
14. Deed from E. A. Wayne, trustee estate of Comanche Mining & Smelting Co., dated April 18, 1908, conveying certain subdivisions aggregating 612 acres; also servitude for pipe lines. Recorded in book 47, pages 162-164, of same records.
15. Warranty deed from Charles Stephens et ux., dated August 27, 1907, conveying 391.7 acres. Recorded in book 47, pages 80 and 81, of same records. Title to this tract was also acquired under decree in condemnation of March 20, 1908.
Revocable licenses.--August 15, 1907, to Forest Service, Department of Agriculture, for telephone line.
July 25, 1908, to Forest Service, Department of Agriculture, to use tract within the reservation for nursery purposes.
Jurisdiction.--Ceded to the United States by act of the State legislature approved March 14, 1913 (chapter 35), which provides as follows:
Section 1. That exclusive jurisdiction be, and the same is hereby, ceded to the United States over all the territory now owned by the United States and comprised within the limits of the military reservation of Fort Bayard, in Grant County, as declared from time to time by the President of the United States, and over such lands as have been or may hereafter be acquired for the enlargement of said reservation: Provided, however, That the State of New Mexico reserves the right to serve civil or criminal process within said reservation in suits or prosecutions for or on account of rights acquired, obligations incurred, or crime committed in said State, but outside of such cession and reservation: And provided further, That the jurisdiction herein ceded shall continue no longer than the United States shall own and hold said reservation for military purposes.
Fort Bliss Target Range
This reservation is situated in Dona Ana County, and comprises all the public lands in Tps. 24 and 25 S., R. 4 E., New Mexico P. M. Title: Executive Order No. 1450, dated December 29, 1911 (S. O. 30, W. D., February 5, 1912), and Executive Order No. 2280, dated December 1, 1915, reserving said lands for the purpose of a target range for Fort Bliss, Texas.
MILITIA TARGET RANGE (NEAR LINCOLN)
This reservation is situated near Lincoln, in Lincoln County, and comprise a total area of about 6, 928 acres.
Title.--By Executive order of November 2, 1910 (No. 1262), there were reserved tracts aggregating 6,687.95 acres, the portions within the limits of the Lincoln National Forest to continue in reservation for forest reserve purposes, the military use, however, being the dominant one. The order also provided for a tract of about 200 acres within the reserved area (NE.¼ and NE. ¼ of NW. ¼ of sec. 2, T. & S., R. 17 E.) to continue in Use as a ranger station for the ranger in charge of the national forest.
By Executive order dated April 1, 1912 (No. 1510), the S. ½ of sec. 23 and all of secs. 26 and 35, T. 7 S., R. 17 E., were eliminated from the forest reserve, with the proviso that the portions thereof reserved for military purposes should remain subject to Executive Order N. 1262, supra. It was provided therein also that certain portions of said lands not reserved by the Said Executive Order No. 1262, namely, the W. ½ of the SW. ¼ of sec. 23, and the S. ½ of the NE. ¼ and the N. ½ of the SE. ¼ of sec.26, comprising about 240 acres, be also reserved for military purposes as an addition to the target range, making the total area of said range as stated above.
SANTA FE NATIONAL CEMETERY
This reservation is situated at Santa Fe, in Santa Fe County, and contains an area or 9.44 acres.
Title.--1. Deed from John B. Lamy, bishop of Santa Fe, dated July 2, 1870, conveying a tract by metes and bound containing 16,900 square feet. Recorded in book E, page 394, etc, of the deed records of Santa Fe County.
2. Deed from John B. Lamy, bishop of Santa Fe, , dated October 11, 1875, conveying 1.95 acres, with right of way, etc. Recorded in book H, page 364, etc., of same records.
3. Decree of condemnation for 7.10 acres in the district court of the United States for the first judicial district of the Territory of New Mexico. Decree rendered January 30, 1894, and filed in the clerk’ office of said court.
The above sale of cemetery property by the bishop of Santa Fe was confirmed by an act of the Legislature of the Territory of New Mexico, approved December 21, 1875.
Jurisdiction.--Ceded to the United States by an act of the State Legislature approved March 14, 1893 (chapter 35), which provides as follows:
Section 1. That exclusive jurisdiction be, and the same is hereby, ceded to the United States over the tract of land comprised within the cemetery known as the Santa Fe National Cemetery, area about nine and one-half acres, in Santa Fe County: Provided, however, That the State of New Mexico reserves the right to serve civil or criminal process within said cemetery reservation in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said State, but outside of said cemetery reservation.
FORT WINGATE
This reservation is situated in McKinley County, on the line of the Atchison, Topeka & Santa Fe Railroad, successor to the Atlantic & Pacific Railroad, in Tps. 13, 14, and 15 N., Rs. 15, 16, and 17 W., New Mexico P. M., and contains about 115 square miles.
Title.--Executive order dated February 18, 1870, reserving 100 square miles from the public domain for military purposes. Executive order dated March 26, 1881, enlarging the reservation by the addition thereto of 30 square miles, for the purpose of supplying the post with timber, etc., said order, however, being ineffectual as to the odd-numbered sections within the addition, the rights of the Atlantic & Pacific Railroad Co. having attached thereto prior to the order of reservation.
By Executive order of May 31, 1911 (G. O. 80, W. D., June14, 1911), this entire reservation was made a part of the Zuni National Forest, to be protected and administered as national-forest lands, but to remain subject to the unhampered use of the War Department for military purposes, and not to be subject to any form of appropriation or disposal under the land laws of the United States.
Easement.--The Atchison, Topeka & Santa Fe Railroad Co., successor to the Atlantic & Pacific Railroad Co., has a right of way across the reservation under act of Congress of July 27, 1866 (14 Stat., 294). See Railroad Company v. Baldwin (103 U. S., 426).
Revocable licenses.--October 2, 1903, to John P. F. Bloomfield to occupy and use for dairy and garden purposes a portion of the reservation known as the milk ranch. June 27, 1904, to the Santa Fe Pacific Railroad Co. to use the water from springs Nos. 1 and 2, known as West Spring, and to lay a pipe therefrom to Wingate Station. April 16, 1906, to Gallup Automatic Telephone Exchange for telephone line. July 9, 1907, to the Zuni Mountain Lumber & Trading Co. to construct, operate and maintain two sawmills.
November 14, 1913, to L. Kirke to stable four horses.
February 6, 1915, to D. W. Roberts to occupy house No. 6.
