Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-09-05

that ne wished only to perform his
duty in upholding the United States
laws. He defined the word fraud
as used in this case as constructive
fraud"
In referring to the documents from
secretary Hitchcock of the depart-
ment of the interior, which were read
yesterday by Attorney Dobson. At
torney McHarg stated that these
communications did not constitute
legal authority and were presumably
ofered in an advisory capacity He
moreover affirmed that the fact that
the territorial officials were governs
ed by such instructions from the de-
partment of the interior, was conclu-
slVe evidence that the yacknowledlged
certain jurisdiction of the federal
government over the school lands OF
the territory.
Attorney General Fall Aroused.
Al this juncture Attorney General
Fall arose and demanded that Mr..
McHarg give him the evidence. If he
mad II, against the proper parties al
legged to be guilty of fraud In COM
nection with sales OF timber on the
territorial public lands. In order that
ne as the proper agent of the terri
tory might prosecute them
In reply to this Attorney NcHarx
stated that In these particular cases
the territory had not the authority
to prosecute. He said the IJnitad
states needed the assistance of the
territory in prosecuting the offenders
and that he would be only too glad
to call upon Judge Fall for assist
ance.
Property held in trust by the ter
r1tory must be administered to the
Dest possible ADVANTAGE on behalf of
the institutions for which such ,prop.
erty Is Intended stated Mr.. McHarg.
nhen he proceeded to show that the
timber on the lands in question had
been sold for grossly inadeouate
sums. He further repeated the opin-
ION that the contracts OF the Ameri-
can Lumber company and Clark M.
Carr We're Illegal because they yio-
lated the act of congress which stipu-
lates that not more than $40 acres
of school land NAV be leased to one
person or more than 100 acres sold
TO one person. Judge Fall made a
strong objection to this and stated
that the laws In this respect had
been changed and that under certain
CONDITIONS more land could now be
held.
At the close Of Attorney McHarg's
argument, Attorney Dobson began his
summary of his side of the case. He
hrst reviewed certain important cases
bearing on the present case and then
stated that lands which were grant
tory for different benehcent purposes
such as the public schools. territorial
institutions of various kinds and for
the purpose Of reservoirs and irriga-
tion, had become vested In the terri
tory and that there was no provision
made whereby the territory should
return any part of such lands to the
federal government
Sales in Strict Accordance With Law.
He declared that the contracts en-
tered into by the territory and cor.
porations and individuals for the
sale or standing, full-grown timber,
were in strict accordance with the
territorial laws and that the chief
question at issue was whether or not
such laws.
1t was stated in this connection by
Judge Fall that If the territory had
sofa the timber at a grossly inade-
luate price it was the fault of the
territory, not the other parties to
he contracts.
Prices Really Right.
Attorney DObson then sought to
show that the prices received for
timber by the terms Of the contracts
81 the American Lumber company
we're not Inadequate judging by the
prices paid private owners Of timber
ana FOR timber. He said that In
many instances timber and land could
De bought at prices cheaper than
Nas paid by the American Lumber
company for the full grown timber
ilOne.
After this, the question as to the
egahy of taking timber from leas-
'd lands was discussed by Mr. Dob
on. He said that no timber could
'e taken from school lands which
we're leased, but that this did not ap-
lly 10 the university lands or TO cer-
ain other territorial lands. He fur
her stated that often the cutting Of
imber from lands improved he
property instead Of injuring II and
ited instances where the forest SER
Ice gave away full grown timber
hat ii might be removed and allow
he younger trees To mature. He then
altered into an intricate explanation
I the character Of the lands which
re concerned in the contracts IN
uestion and the history of the trans
ctons consumated In that connec-