Petition to Territorial Legislature 1895

Petition to Territorial Legislature 1895 (Microfilm Frame 830)

To the Honorable Council and House of Representatives of the Territory of New Mexico.

Gentlemen:

Our petitioners, the laborers and agriculturalists from the Valley of Santa Fe and territory of New Mexico in this County of Santa Fe from one bank to the other of the river, our petitioners and undersigned, with a lot of respect before our Honorable Bodies, asking earnestly the remedy of our complaints. We ask to re-decree legislation to remedy them.

Gentlemen: we place in your understanding that because of a series of damages, the poor pueblo has come to suffer for the last years, for reason of the construction of work of the water in the Santa Fe River further up. The Water Company retains in their depositories all of the current of the river. We have been restricted and bothered by the water companies that have come here, appropriating with our great prejudice, of the legal course and current of the Santa Fe River, whose origin, they have converted in speculation and for their proper use causing the greatest damage to a grand community, industrious and poor, that doesn’t possess another element [] than to work their small pieces of land for the livelihood of their families, that as it is, the grand majority of the people of Santa Fe, have been agriculturers [agriculturalists] all their lives and have always harvested large crops, but this has been reduced more and more for every year for being deprived of our rights, and use of our water by millionaire companies. Our petitioners humbly ask our Honorable Bodies

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Hear our just complaints, and further more ask that a commission be named of both sides, so that they investigate our complaints, and we ask just legislation so that it will establish rules, and put

The Company under management of quality, so that the rights of the poor farmers are protected. Our petitioners furthermore ask that they permit us to put in their knowledge a relation [] so that they understand us better, and we ask our indulgence for the trouble that it causes them their long lecture and that’s the way it is.

In the year of Our Lord of 1885 in the month of August, finding the petitioners very discouraged about the drought, we were able to acquire a trickle of water for domestic uses that we did not have, we met with the distributors of the River, so that they would take some steps and see if we could acquire a trickle of water so that at least the animals that we had for domestic uses could drink. The distributors solicited from the owners of an antique watering ditch that has its dam on top of the first reservoir to pass a trickle of water through it on the south side of said reservoir and being so narrow and reduced they named people by the distributor to finish and widen it a little, it’s a good thing that, [so] that [the] water ran to the River under the reservoir and the people could proportion water to drink; then and immediately the Company went and registered in the office of the Secretary of the Court of the first Judicial District in and for the County of Santa Fe and Territory of New Mexico a complaint in our favor and took out a ____________ (Enllinson) restricting us of using any measure

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or steps on the particular, quickly the mayor (Alguacil Mayor) of Santa Fe County, presented himself and notified us of the order, and stopped the work, and restrained us and obliged said order to go to Las Vegas to respond to the complaint set against us by said company before the Honorable William S. Vincent the superior Judge of the Supreme Court of the territory of New Mexico, and us seeing that our circumstances were so limited (small) in being able to sustain an argument in the courts, to always stay submitted to the doings, and now said company believes deserving and sustains to being the only and legitimate owner of the course and current legally from the Santa Fe river and its flowing, like the ____________ (Enllinson) will demonstrate, that was served to us, in which we conduced to them together with our Petition in testimony of the doings, and this company transferred all their premises to the actual company, and the actual company favored a law to condemn properties, and like the tank or old reservoir was and is caved in, then said company on behalf of the law that favors them, condemned some properties, paying the owners what they voluntarily wanted, not paying them their proper value and the poor owners for fear or inconvenience of going all the way to Albuquerque to appraise their properties accordingly managed to bother them, and they saw themselves obligated to transfer against their will, only in obedience to the law.

We talked about this subject because it concerns us having properties on one side or the other side of the river and is possible gentlemen that they are subjected to an evaluation when the company determines it, then the actual company there started a new reservoir, and they concluded, making a huge berm alongside the Santa Fe River.

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They closed all the passages with keys of real iron, stopping and disturbing thus our small flow of water, and with us not knowing carelessly and without respect they destroyed three dams or antique irrigating ditches at the bottom of the tank, that were in use up until that time, two of which we are aware [of] through summoned documents. One was constructed by Salvador Armijo and Jose Antonio Lucero, in the year of Our Lord 1738, and the other one by Bartolomé Marques, and Francisco Padilla, in the year 1743, And said ditches have been destroyed and leveled there, by said Company, without consent of its participants, in such manner that the poor pueblo has suffered great damages, that [so] the rich that [can] layout because [of] circumstances, [to provide} for their own benefit. We ourselves passing through the streets of Santa Fe, in times of drought, have not only seen the gardens of the rich flooded in water but also piles magnificently constructed of stone splashing water up with different diversions {fountains} while our small plants that grew from the ground, are thirsty for water, and to see them that way we are filled with conflicts, because when we left the house, our unhappy children stayed staring at the coffee pot, and don’t observe all these things, our petitioners, taxpayers and head of families, ask your indulgence, pass a law that will favor us in establishments over rivers and ditches in their free courses in the Territory of New Mexico. We are not opposed to the Industrial Companies, but we are opposed to Vigorous Companies. They can construct reservoirs to gather the waters that frequently pass in large amounts, and they concentrate to other courses and leave behind the calamity, and looking at all these things that some gigantic companies have been able to easily monopolize our source of water, with the preference to the Sons of the land, who at such cost in a dark night, and at the edge of the enemy sword, conquered this continent, and with the sacrifice of their blood heired to their successors.

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We will make notes of your sacrifices:

On June 5th, 1539, Fray Marcos de Niza of Italian nationality, and of the Order of Saint Francis and accompanied by a Negro Estevanio, arrived to the west of New Mexico in which is now situated Zuni Pueblo. At that time discovered there [were] seven cities with the name Cibola, this being Moquin, Acoma, etc. A time after Antonio de Mendosa took possession of Cibola in the name of the King of Spain in 1541, the Captain General Francisco Basques Coronado in company of Hernando Alborado arrived in Cibola, discovered various other pueblos until he arrived at San Felipe, from there he retreated to Mexico in which he reported his discoveries and in 1542 returned to New Mexico and in 1543, he founded, situated himself and established La Villa de Santa Fe, head of the Providence of New Mexico, erecting at the same time San Miguel Church. In 1580 Francisco Sanchez Chamuscado visited the seven cities of Cibola, and Antonio de Espejo did the same in 1583, being the same place mentioned by Juan de Oñate in 1595 and 1598, Governor Juan de Oñate arrived in Santa Fe

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Assuming the duties of the Providence of New Mexico, and in 1598 introduced 300 Spanish families, which he positioned in Santa Fe, Santa Cruz and Albuquerque.

In 1600 Governor Pedro Peralta, had possession for 40 years. In 1640 General Arguello, Governor and Military Commander. In 1656 Henrique de Avila y Pacheco, General and commander, 1675 General Vianeuva Governor, 1575 surrendered to Vianeuva, the General Juan Francisco Fresenio. 1680 General Antonio de Otermin, under his leadership the Indians were displaced and they entered in rebellion, and exterminated the Spanish. Then General Otermin retreated to El Paso in which he resigned his position. In 1683 and 1684 General Bartolomé de Estrada Ramírez Governor. In 1689 to 1691 the General Don Diego de Bargas Zapata Lujan Ponce de Leon reconquerer of the Providence of New Mexico, exterminating the Indians and destruction in all the battles, acquiring recuperation of Santa Fe, on September 14th 1692. The sufferings of conquest were up until today. The governors always suffered tormented by the savage indians. And now the distributors have some law that gives them the right to disassemble all those obstructions that were put in said ditches, and furthermore the law says that no person in this territory has the right to form and establish reservoirs or mills over the ditches, but it is a dead law.

The machines and mills re paralyzed because the water from the river is conducted from below the ground, through pipes, that way we are prohibited to be able to grind our Small amounts of wheat and corn

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and with these embarrassments, they prohibit us the recourse for our maintenance, and with this we request to your honorable bodies apply the medicine of the remedy of our ailments, and if in your capacity you find that this is our last illness, very respectfully we submit ourselves to receive the decision.

Signatures Below

Your Petitioners,

Albino Ortega

Sipriáno Chavez

Mayordomos de Agua

(Water Stewards)

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Microfilm Frame 836
Microfilm Frame 837 Signatures:

Franco Gonzalez Anatolio Garcia

Teleforo Ribera Sisto Garcia

Eugenio Guarcca Julio Sena

Rodrigo Torrez Simon Apodaca

Pablo Padilla Miguel Trujillo

Gov. W. Llowland Apolonio Lujan

Jose Erguen Manuel Lopez

Jose Remedios Saiz Sorrero Romero

Camilo Quintana Tiburcio Sena

Toribio Torres Simon Vigil

Antonio Sena Petrolino Carrio

Jesús Ma Ortiz y Baca Emiterio Garcia

Aniseto Gonzalez Matiaz Sena

Ramon Trujillo y Lopez Manuel Silba

Roman Alarid Bonifacio Sandobal

Juan Jose Martinez Gregorio Maez

Jose Alire Francisco Sandobal

Roman Trujillo Roybal Cipriano Chavez

Antonio Trujillo Lopez Asencion Rivera

Ramon Valencia Feliciano Sena

Antonio Ortiz Julian M. Sena

Jose Dolorez Garcia Matias Rivera

Nestor Sena y Ortiz Benito Romero

Anastasio Prisco-Garcia Louis Romero

Julian Prubencio Esquipula Pacheco

Roman Rivera Ignacio Martin

Alejandro Garcia Miguel Martin

Pablo Borrego Tomas Romero

Hilario Garcia Jose Rafael Baca

Cecilio Susero Julian Baca

Manuel Tuy Crespín Jose Ma Martinez

Julio de la Peña Melquíades Martinez

Jose de la Cruz Garcia Leandro Martinez

Microfilm Frame 838 Signatures:

Manuel Pino Rafael Sandoval

Luciano Ortiz Bartolo Varela

Benito Ortiz Tome Alarid

Evaristo Durán Jesus Tapia

Encarnación Barela Gregorio Romero

Liandro Sedillos Leandro Sena

Elifio Sedillos Juan Montoya

Francisco Barela Octaviano Alarid

Canuto Sedillos Jose de Jesus Romero

Atanasio Armijo Jose de Jesus Sandobal

Felipe Balencia Jose J. Gonzalez

Ynacia Onez {Ortiz?} Emiterio Garcia

Juan Tafoya Manuel Sandoval

Julian de(?) Herrera Clemente Lujan

Roque Valencia Eulogio Archuleta

Rofel Herrera Jose Gregorio Rivera

Merced Herrera Tomas Ervin

Juan Herrera Simon Gallegos

Andres Paris Domingo Pacheco

Cleto Gallegos Ciriaco Sena

Jesus Mirabal Romaldo Anya (Anaya?)

Pomposo Velarde Carlos Archuleta

J. Santos Gomez Juan Quintana

Joseph Joe Teodoro Dominguez

Josè Encarnación Durán Placido Padilla

Manuel R. Sandoval Gregorio Padilla

Moseimo Sobihn (Sobien?) Jose Ignacio Padilla

Lorenzo Siliba Felipe Archuleta

Bolentin Montoya Alanacio Rivera

Josè E. Durán Palvocinio Lovato

Josè Durán y Montoya Juan Romero

Francisco Maes Encarnación Lujan
Microfilm Frame 839 Signatures:

Manuel Sandobal Nicanor Gonzales

Pedro Sandobal Manuel Montolla

Francisco Baca Mariano Delora

Anasticio Martinez Francisco Ortiz y Tafolla

Feliciano Abeytia Emilio Gutieres

Juan Griego Francisco Griego

Jesus Rael Miguel Ortiz

Cosme Sena Jesus Padia

Domingo Angel Felipe Quintana

Albino Ortega Santos Maés

Iginio Martinez Justo Romero

Rafael Trujio Francisco Sinfuego

Ptc. 18 (Precinct 18) Hilario Trujio

Jose Antonio Romero Nabor Gomez

Florentino Martinez Louis Ortiz y Baca

Encarnación Martinez Julian Perea

Francisco Trujio Fernando Duran

Gregorio Gonzales Nicolas Maes

Isabel Tafolla Cencion Ortiz

Pablo Tafolla Jesus Ortiz y Tafolla

Cruz Tafolla Manuel Silba

Louis Gonzales Jose G. Gutierrez

Hipolito Ribera Epifanio Maez

Felipe Vigil Patricio Ortiz

Jose Ortiz y Tafolla Juan B. Martinez

Dabid Rodigues Antonio Sedilloz

Antonio Lujan Esteban Sedilloz

Antonio Romero Marcelino Gonzalez

Eusebio Gonzales Quirino Sedilloz

Julian Martinez Juan Montoya y Romero

Florentino Urioste Manuel Montoya

Miguel Barbero Juan F. Montoya

Rosalio Mora Luis E. Alarid
Microfilm Frame 840 Signatures:

Teofilo Martinez y Tenorio Guadalupe Urioste

Nicolas Alire Guadalupe Maez

Rafael Montoya Frank Lallama

George Alire Davie Baca

Eduardo Sedilloz Antonio Ortiz

Benigno Alire Juan Mierra

Seberiano Gonzalez Hilario Apodaca

Agapito Velarde Epimenio Montaño

Jose Gonzalez Nicolas Gonzalez

Henenejildo (Hemeregildo) Martinez Abran Velardes

Luis Montoya B. L. Mitchell

Ruperto Armijo B. A. Mitchell

Manuel Robledo James Edwards

Victor Montaño George Stevens

Vicente Velarde Pedro Dominguez

Feliciano Urioste Tiburcio Trujillo

Santiago Urioste Benigno Ortiz

Aubrocio Montaño Guadalupe Montoya

Sisto Chavez Cruz Velarde

Cacimiro Chacon Boniel Perea

Pedro Baranca Marcos A. Coriz

Antonio Urioste Romaldo Ortiz

Perfecto Urioste William Williams

Matillas Valdez H.L. Ortiz

Teleforo Velarde S.C. de Baca

Hemeregildo Martinez Jose Rael

Celso Ortiz Aubrocio Marquez

Manuel Ortiz y Rodriguez Juan Herrera

Juan Romero Rafael Trujillo

M.G. Tafoya Bonifacio Lusero (Lucero)