The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-03-27
GOVERNORS
MESSAGE
CONTINUED From Yesterday

III 1O ~ AAo III INV SAo
preme court held hat the courts
should not interfere, but suggested
that might by revocation or
otherwise enforce the original terms
of the grant. This suggestion is in
the nature of obiter dictum and con-
gress never took any action. The land
mad gone to the state and congress
permitted the state to execute the
trust in its own way.
The situation there was a Difficult
one. 1t seemed that nothing short
OF congressional action could be in
terposed and it is very doubtful wheth
er such action would have been ade-
quate or competent.
But in the present case the situa-
ton is quite different. Owing to the
fac that New Mexico had been kept
out of the union for fifty years con-
gress anticipated the rights of h flu
ture state by making the land grant
operative to the territory.
No doubt in this case i law could
be repealed M the land all restored
to h national government. But, is
such action necessary? The law for
bids in terms the sale of this land il
tracts of more than $50 acres. The
land commissioner, Mr.. Keen, ex-
pressly refuses to violate a law n
declines to participate in the execu-
ton of the deeds from the territory to
these intending purchasers. The gov
ernor has not signed the deeds n
from the communication sent by you,
L would assume that he will be no
more willing to violate the law than
Mr.. Keen.
1 therefore take the liberty to sug-
gest that all these papers be referred
to the Hon. H. J. Hagerman, COVER
nv of Nnw Mnyinn with tho cI10UnS-
ton that the same is referred to him
in order that the territorial land may
be protected and a violation of the
law prevented.
Under the facts stated certainly the
governor would not sign these con
yeyances. The recent decisions of the
courts as to collusive sales under the
timber and stone act. would form a
very good precedent for HI governor
to decline action in the way of exc
cution of the deeds. Taking this
view of the matter, 1 would suggest
that it does not seem to me that legis-
lation is needed; that under the exist
ing law there is ample power to pre-
rent the violation of the act of 1898.
Should this view not meet with your
approval, 1 would be glad to near
from you further IN the subject, but
the action suggested above is so much
more easy and direct than congress
sional action, that l trust it will meet
with your approval.
Very respectfully,
JOHN F. LACEY.
On June Is, 1906, 1 wrote to the
secretary of the interior as follows:
Santa Fe, N. NJ, June IL, 1906.
To the Honorable Secretary of the
Interior, Washington, D. c.
C;,. T hove tho honor IN nnGnnuu1-
edge receipt of your letter of May "a.
last, enclosing copy of a letter dated
May 18th, from Hon. John F. Lacey,
chairman of the committee on public
lands il the house of representatives,
to you. This letter relates to a GER
tain unexecuted contract between the
commissioner of public lands of the
territory of New Mexico, and Bonham
& Holt, dated March II, 1905, which
was called to your attention in my
letter to you of February 7. 1906, and
when was made h subject of an in
vestigation by E. P. Holcomb, detail
clerk of the general land office.
In your letter you strongly advise
me against delivering the deeds which
| represent the transaction in question.
| Mr.. Lacey. in his letter to you, says:
Under the facts stated, certainly
the governor would not sign these
conveyances. The recent decisions of
the courts as to ~collusive sales under
the timber and stone act would form
a very good precedent for the cover
nor to decline action il the a of
the execution of the deeds"
In this regard l would say that the
| laws of the territory do not in any
case authorize the governor to sign
deeds conveying territorial property
granted under the act of June 81,
1898, our laws giving that power to
the commissioner of public lands. In
such instances as this, however, the
commissioner would not sign the
deeds against the wishes and advice
of the governor.
beg to advise you that at about
the time your letter enclosing Mr..
| Holcomb's report was sem to con-
gress, Mr. Holt called on me and
asked me whether or not if he and
his associates obtained a mandamus
directing the commissioner of public
lands to sign the deeds in question,
would, on behalf of the territory,
| refrain from taking any appeal from
such an order of court.
told Mr.. Holt that the territory
would most certainly not make any
such agreement; ~whereupon ne, on
! behalf of himself and his associates,
| deS1Sted from all furtner efforts TO Ii
duce the territory to carry out or sign
the contract.
The deposit made with the escrow
agreement by BOnham & Holt, under
the terms of the contract, was re-
turned, and the whole matter was
| dropped, so far as the territory is
| concerned
did not anticipate when I wrote
to you my letter of February 7th last
| that this matter would be submitted
to congress, but did not feel that 1t
woTld be at all proper for me. as gov
| ernor Of New Mexico, to sanction the
execution of the contract without hav
ing submitted it to you for your opin'
| ion as to whether or not it was in
| conflict with any of the provisions OF
| the federal law.
/ have the honor to be your most
obedient servant,
H. J.. HAGERMAN,
Governor of New Mexico.
The special agent of the interior
department, in the course of his in
yestigatiol concerning the matter
discovered many other transactions