Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-09
COMPLAINT ALLEGES OFFICIALS
OF THE TERRITORY KNEW
CONTRACTS TO BE ILLEGAL
Held Thate Territory Had No Right to Sell Timber Rights on
Large Acreage Under Terms of FERGUSON Act Granting
Lands to Territorial Institutions Judge MCFe Grants TenN
/bOray nuncOns Prohibiting Further Cuttnu or RemOv-
W ing of Timber

Actions were filed in United States
court for the second judicial district
of New Mexico yesterday evening, by
Ormsby McHarg and Peyton Gordon,
special assistants to the attorney gem
eral of the United States, seeking to
cancel contracts which have been en-
tered into by officials of the territory
of New Mexico with private individ-
uals for the sale of timber on APP
proXimately $4,000 acres of territorial
timber lands granted to territorial in
stitutions by the FERGUSON act of
1898, seeking to perpetually enjoln
the further cutting of timber on the
lands and to recover the lands and
the timber, also to recover the value
Of the timber already cut from said
| lands
The suits, three in number, We're
| filed In the office of District Clerk
John Venable last night by Mr. Peyton
| Gordon, who came to Albuquerque for
the purpose and who will return to
Santa Fe this morning. The first of
the suits Is entitled:
"The United States of America VS..
the Territory of New Mexico, George
| w. Prlchard, as attorney general of
tile territory Of New Mexico, Alpheus
A. Kean and Clark Nj. Carr. and Is to
recover the timber rights and TO pre-
vent the further cutting of timber on
approximately 12.00O acres of land,
the timber rights of which were con-
! tracted TO MIR. Carr by the territory Of
| New Mexico while Mr.. A. A. Keen was
commissioner OF public lands Of the
territory, at a price of $3.50 per acre.
The other two suits are entitled:
"The United States of America VS..
! the Territory of New Mexico George
lW Prichard, as attorney general OF
4 the territory of New Mexico, NJ A.
| Otero, Alpheus A. Keen. and the
! American Lumber company, and seek
| to recover the timber rights and to
prevent the further cutting of timber
on between thirty and forty thousand
acres of territorial timber lands, the
timber rights on which II Is alleged.
were Illegally contracted To the Ameri-
can Lumber company by M. A. Otero,
as governor of New Mexico, and A. A.
I Keen as land commissioners of the ter
ritOry.
The complaints in the three suits
are Identical and accompanying each
lof them is a temporary injunction,
signed by Judge John r. McF'ie of the
First judicial district court, In the
absence of Judge Ira A. Abbott from
the territory, preventing the further
cutting of timber on the lands In
question until the hearing on petition
for a permanent injunction shall have
been had.
The temporary Injunction in the
case Of the timber sold TO Clark M.
Carr, and which is Identical In all es-
sential details, aside from the acreage
involved. with the other temporary
lnjunctions. Is as follows:
The United States Of America, Terri
tory of New Mexico.
In the District Court, Second Judi
clal District OF the Territory of New
] Mexico.
The United states OF America, Plain
tiff,
versus.
The Territory Of New Mexico, George
w. Prlchard, as Attorney General OF
the Territory OF New Mexico; Aipheus
A. Keen, and Clark NJ. Carr. De-
PENDANTS.
on reading the complaint OF the
United States of America. filed herein
Il is hereby the eighth day of August
A. ID. 1907. ordered, that a tempo
rary writ of injunction issue out oi
this court, eniolning and restraining
the said defendants. the Territory OF
. I
attorney general of the territory OF
New Mexico, Aipheus A. Keen and
Clark M. Carr. and each Of them
their agents. servants, employees anc
lattOrneys, and each and every one ol
them. from making any claim to the
premises described and set out In the
said complaint herein, or in any man
ner interfering herewith, or trespass'
ing thereon, or Telling. removing oi
lln any way dlsposIng thereof By sale
or otherwise, any logs timber, or 0thel
products thereof or therefrom ol
from making any transfer, sale. or as
signment of the contract or agreement
entered into between the territory o
New Mexico, George w. Prichard, n
lattorney general of the territory O
New Mexico, Alpheus 4. Keen, ans
lClark NJ. Carr. pending the further or
der OF the court.
And Il Is further ordered, that IN
said defendants and each OF them
show cause before the Honorable lri
la Abbott. associate Justice OF the su
prefne court, and presiding judge Q
the district court Of the Second Judi
clal district Of the territory Of New
Mexico, at the city Of Albuquerque
In the county of Bernalillo, terrItor
Of New Mexico. on the thirty-iirat da'
of August. A. ID. 1907, ut 10 o'clock O
M. why said Injunction and restrain
Ing order should not be made perpet
fsienedl JOHN Z. MFIE.
! Aasoclnte Justice and Judge Of ~
First judicial District acting In th
absence from The ternit0ry Of Hor
orable Ira A. Abbott, Associate Jpl
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