Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-09
COMPLAINT ALLEGES OFFICIALS
KNEW CONTRACTS ILLEGAL.

KNEW CONTRACTS ILLEGAL
The actions filed last night are un-
/ derstood To be the first of a series Of
similar actions which viii seek to re-
cover on practically all timber lands
which have been sold by the territory
Of New Mexico and It's officials. from
those lands granted TO the territory
for the use Of territorial institutions
under what Is known as the Ferguson
act II being alleged that the contracts
entered into for the sale OF these lands
or the timber on them, Is In direct vio-
lation Of the terms of the Ferguson
act which provides specifically that
no tract, from the lands which may
be sold, may be disposed OF by the
territory In tracts greater than $50
acres To any single firm. corporation or
individual. and that of the lands which
may be leased only $40 acres may be
leased to any firm, corporation or lndi-
vidual, and then FOR term of not
more than ive years.
In the complaints In the actions
/ filed yesterday, which are idenfical,
save for the names OF ths cefeIriahts,
and the location and acreage OF lands
sold, II Is alleged that the territorial
officials while making neither a sale
nor lease Of the timber lands at is-
sue, entered into a contract for the
sale OF timber on the territorial lands
chiefly valuable for the timber stand
ing on said lands, that In the cutting
OF the timber, such lands were made
practically valueless by being de-
nuded. that the territorial officials In
making such sales OF timber from
said lands. knew that the contracts
into which they entered we're In viola-
tion Of law. and that they were 80 ad-
vised before said contracts were en-
tered into.
The complaint in each OF the cases
filed yesterday by the special assist
ants to the attorney general cover
more than thirty pages. The gem
eral terms OF the Ferguson act OF
June. 1898. granting the lands to the
territory. are set forth. showing the
total acreage OF said lands TO have
been l363. .0s0 acres, and the manner
In which said lands were TO be Sc
lected, sold or leased. and the mini
mum prices per acre TO be charged
for such sale OF lands as could be
sold or such lease OF lands that were
subject to lease. The terms of the
Ferguson act arc generally familiar
70 the people of New Mexico. since
that act has been much discussed. al
most since its passage by congress.
and particularly since the investiga-
tion by the late house Of representa-
tives Of New Mexico into the delivery
N certain deeds. executed by the for
mer administration. by II. j. Hager-
man. while governor Of New Mexico.
to the Pennsylvania Development
company. which investigation Is said
10 have been the direct cause Of the
present investigation by the govern
nent into territorial land transac-
ions
The complaint then sets forth that
he terms ~ the Ferguson act OF
iune ~. 1898. were formally accepted
iy an act Of the territorial legislature
n New Mexico, which act created the
Of public lands. Tor the
.dministratlon of the lands so granted
10 the territorial Institutions, and set
ing forth subsequent acts Of the ter
lt0riai legislature hearing on the adj
lInistratipn % said lands Paragraph
~ the complaint sets forth that In
ection rs ~ chapter III Of the acts
T the thirtY-sixth legislative assem-
ly. e. provision is enacted In direct
~ the act OF congress of
une 1t 1855. empowering the COM
ilssioncr Of public lands TO "sell the
own. large growth and maturcd tim
~ nn any territorial lands az a price
I not less than 81 per acre" etc.
After setting forth further sections
{ chapter III Of the acts Of the
lirty-sixth legislative assembly, al
ged 20 have been in contraventior
tho act % congress q ~ set forth
Iat pursuant % the provisions of
iaptcr tti Of the acts of the thirty
Xfh legislative assembly of said ter
tory and I'm accordance with the re-
Iircr1ents thereof. the defeudont
lark NJ Carr. desiring 10 acquire
Iie 20 certain standing timber upon
nds granted Dy the above mentioned
z 90 congress 90 the territory ~
ew Mexico. made application dated
ily. 1908. 90 the defendant. Alpheus
Keen. then and there commissioner
public lands for the territory -
ew Mexico. which said application Dr.
words and figures - follows
Then follows the terms of a CON
act between Clark n. Carr and the
of public lands. under
hich the territory agreed 60 sell 90
o. Carr the matured timber on iZ.-
10 acres % territorial lands ~ the
10 nf g. 80 per acre.
The land carried hv this contract iE
Gated in Mckinley and Valencia
unfics
The complaint. after setting forth
= fun terms Of the contract between
r. Carr and the territory. alleges