In the summer of 1870, the Maxwell Land Grant and Railway Company closed their sale with Lucien B. and Luz Maxwell for the Beaubien-Miranda Land Grant and the Company began moving to take full possession of the land. This move began with sending notices to anyone who hadn’t arranged with Maxwell for formal title to their land, including miners who had paid Maxwell for the privilege of working their mines or farmers who had been providing produce in lieu of cash money. These “squatters” were informed that they must either make arrangements with the Company or leave. When they didn’t the Company initiated ejectment proceedings. Conveniently, Stephen B. Elkins, a member of the Company Board and the company’s attorney, also happened to be New Mexico Territory’s U.S. Attorney General at the time. None of these cases appeared before the court in the Fall 1870 session, so it appears that there was some time provided to the persons in question who had the resources to make the necessary “arrangements.”
The process was not a smooth or a simple one and the Company’s actions reverberated as far as the East Coast. By the summer of 1875, a series of articles had appeared in a New York newspaper criticizing Santa Fe ring members Elkins, Catron, Palen and others. One of the authors was the Reverend Franklin Tolby, who used his pulpit as a platform for preaching against the Land Grant Company’s eviction process and advocating that the government buy at least of a portion of the grant as a reservation for the local bands of Utes and Arapahos—a solution to the “Indian problem” that Kit Carson and Indian Agent William Frederick Milton Arny had proposed prior to the sale of the grant. After all, they’d been here first. This, of course, didn’t happen and local settlers would continue to be evicted and tensions would continue to rise throughout the first half of the 1870’s, beginning with a riot in Etown in 1870 and reaching a crescendo in 1875 with Reverend Tolby’s death and the lynching of a (possibly) innocent man. Stay with me as I look at Reverend Tolby’s activities and death, and the resulting lynching, in the months to come….
Sources: David L. Caffey, Chasing the Santa Fe Ring, University of New Mexico Press, 2014; Stephen Zimmer, For Good or Bad, People of the Cimarron Country, Sunstone Press, 1999; Victor Westphall, Thomas B. Catron and His Era, University of Arizona Press, 1973.