Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-05
Attorney for United States
Holds Territory Is But TruS-
tee In Administering Lands
Granted to Institutions,
HAS GOVERNMENT RIGHT
TO DEMAND ACCOUNTING
Defendants Claim Title Has
Passed TO New MexiCoi That
Federal Action Has No
Standing in Court,

Is the territory of New Mexico
merely the agent of the United States
government in the handling and dis
position of the million and half of
lands given to the educational and
other public institutions of this terri
tory under the law of congress of
| 1898, granting the lands; and as such
| agent or trustee, Is the territory ae-
countable to the government for the
disposition made of these lands and
FOR the sale of timber standing on
them? Or did the territory, under
the act of 1898. become the absolute
owner of these lands, and has II the
| power to administer them and sell
timber from them as It sees fit, sub
Ject only to the specific limitations of
the act Of congress?
| This is the question at issue I'm the
argument on the demurrers, resumed
yesterday before Judge Abbott in
chambers In the Bernalillo county
court house, in the suit of the United
| States against the territory Of New
| Mexico, former Governor NJ A. Otero,
G. W. Prichard, A. A. Keen. the
American Lumber company and Clark
M. Carr in which the United States
seeks to cancel and set aside contracts
| for the sale of certain timber from
! Territorial lands, sold by the territory
throL.s the officials named In the
action. to the Lumber company and
Captain Carr; to cause an accounting
| to be made for the timber already cut
under such contracts and to enjoin
further cutting of timber under these
lcOntracts
The argument, which was opened In
Santa Fe last Monday by Attorney
General A. b. Fall upon the demur-
rer filed by him in behalf of the ter
ritory, was resumed before Judge Alb
bott yesterday morning at 10 o'clock,
Judge Fall, G. w. Prlchard and r. w.
Dobson appearing for the defendants.
and Special Assistant Attorney Cen
eral Ormsby MoHarg, of Washington.
appearing for the United States
The argument occupied the entire
day. and at the close of the session
yesterday afternoon Mr. McHarg an
nounced that he desired half an hour
this morning in which to complete his
argument Since ii is probable that
the defense will desire an equal length
Of time in which to reply, II Is prob
able that the argument will not have
been completed before late this after
noon. Volumlnous citations have been
made by both sides, and II Is not ex-
pected that the court will be ready inn
mediately to give a decision on the
demurrers which have been filed re-
spectively In behalf of the territory.
of the defendants. former Governor
Otero. G.. W. Prichard and A. A.
Keen, and Of the American Lumber
company and Clark M. Carr
1
eighty of the territory In the admin
istraion of the lands granted to It's in
stitutions by the United States, and
the question of the right of the
United States TO demand an account
Ing from the territory for it's admin
lstration of the lands are of deepest
interest, and of lar reaching lmpor-
tance, and Judge Abbott's chamber
was crowded yesterday throughout the
entire day with lawyers and others di-
rectly interested In the questions at
issue.
When the session opened argument
was resumed with a brief introduce
tory statement by Mr.. McHarg In be-
half of the government. He said that
II was the desire Of the government to
secure an Interpretation by the courts
OF the law In these cases and To secure
I
as quickly az possible He indicated
clearly that the government was not
seeking any controversy with the ter
rltory. and further that the territory
might be dismissed from the case al
though he held such dismissal would
not affect the case against the other
defendants.
Judge Fall replying briefly, held
the territory TO be as much Interested
as the other defendants. and that the
dismissal of the territory would in
volve the dismissal Of the cases
against the other defendants. He
held, In line with his argument Of
Monday, that the territory had acted
within lts rights In making the con-
tracts for the sale OF timber al issue.
and that the government had no au-
thOrity under the law To sue for an
accounting under these contracts.
Judge Fall then read several COM
munications from the interior depart
ment relating TO requests for opinions
from the territorial officials In con-
nectlon with the disposition OF the
timber lands In question, the tenor of
which was that the department con-
sidered these questions ones 10 be de-
termlned by the law officers OF the
territory. Among others he read an
opinion by Assistant Attorney General
Campbell, TO former Land Commits
sioner Alpheus a. Keen. one Of the
defendants, advising the latter 20 look
TO the territorial law officers for an
! opinion on timber land transaction
similar to the ones az Issue. The en-
tire case Of the territory. Judge Fall
said IN closing, was that the officers
! Of the government had held that these
3 lands were under the territorial gov
! ernment 20 be administered under tns
law as directed By the territorial Of
; flcials having the authority. and tuHt
these officers had not exceeded their