The settlers on the Little Colorado appear to have had something more
than their share of land trouble. Not only were hardships in their
journeyings thither, with following privations in the breaking of the
wilderness for the use of mankind, but there came an additional and
serious blow when even title to their hard-earned lands was disputed,
apparently upon adequate legal ground. The best story at hand concerning
this feature of early life on the Little Colorado is found in the Fish
manuscript, told by one who was on the ground at the time and who
participated in the final settlement:
"In March, 1872, the General Government gave a railroad land grant of
every alternate section of land bordering the proposed Atlantic and
Pacific railroad, extending out for forty miles each side of said road,
through the public lands of the United States in the Territories of New
Mexico and Arizona. The rule was that any lands settled upon, prior to
the date of the grant, should be guaranteed to the settler, and the
railroad be indemnified with as much land as was thus taken up on an
additional grant of ten miles each side, called lieu lands, just outside
the forty-mile limits of the main grant. In the fall of 1878 and the
winter of 1879, when the settlers arrived on the ground where Snowflake
and Taylor now stand, they supposed the railroad grant would doubtless
lapse, as there was then no indication that the road would be built. They
bought the Stinson ranch, paying an enormous price for it. The Government
had not then surveyed the land and the government sections were not then
open for entry at the land office. But early in 1880 the railroad company
began building its road west from Albuquerque. In May of said year, Jesse
N. Smith, on behalf of the settlers of Snowflake, applied to the railroad
company for the railroad lands they occupied, and received the assurance
that they, the settlers, should have the first right to their land, and
the first refusal thereof, and that the price would not be raised on
account of their improvements. The railroad company even furnished blank
applications, which a number of the settlers made out and filed with the
company, which were afterwards ignored. About this time capitalists and
moneyed men, many of them foreigners, began turning their attention to
cattle raising in our Territory. Among others, a company known as the
Aztec Land and Cattle Company was organized, composed mostly of
capitalists from the east. This company bought a very large block of the
railroad lands, including Snowflake and Taylor, and all in that vicinity.
The new owners immediately served notice on the settlers that they must
buy or lease the railroad portion, the odd-numbered sections of the land
they occupied. The settlers appointed Jesse N. Smith and Joseph Fish a
committee to represent their claims, but no definite understanding could
be obtained from the local officers of the company, all such business
being referred to the central office in New York City. The railroad
company not having sold the land at Woodruff, it served a similar notice
on the settlers there, and it seemed that they would all be compelled to
abandon their improvements and move away. In this emergency, the
settlers, who were of the Mormon faith, applied to the Presidency of the
Church for relief. An estimate of the value of the improvements of the
settlers was made and the amount was found to so far exceed the probable
cost of the land that the Presidency of the Church appropriated $500 for
the expenses and sent Brigham Young, Jr., and Jesse N. Smith east to
negotiate a purchase. They started on their mission in the latter part of
February, 1889. They finally, on April 2, 1889, closed a contract in New
York City for seven full sections of land at $4.50 per acre, one-fifth of
the price being paid down, and Jesse N. Smith giving his note for the
remainder, to run four years at 6 per cent interest; one-fourth the
amount to be paid at the end of each year, and the interest to be added
and paid every half year."
While in New York they also bargained with J.A. Williamson, the railroad
land commissioner, for one section of land at Woodruff at $8 per acre,
one-half at the expiration of each year, with 6 per cent interest to be
added each half year. Payment was made for the last purchase in
Albuquerque, the contract being closed May 3, 1889. The Mormon Church
furnished much of that money for these purchases, receiving back a small
portion, as individuals were able to pay the same, and appropriating the
remainder for the benefit of schools and reservoirs in the vicinity of
said towns.