Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-21
Owe RULE s
DEMURERS
IN TIMBER
CASES
,cmanuel from Page /. Col. -

lished hy the United states versu.
Michigan. 1a0 L. $ go. II Is true thai
the trust relation there declared "a
exist. rests in part on grounds which
are not duplicated Ia these cases. but
they are not / think. the ones whicn
were essential o. the conclusion
reached. By the act 90 June en- 1888.
ongre granted % che territory of
New Mexico certain lands specified
and others OF specified quantities "a
be selected under the provisions ~
the act aud . per cent of the pro-
ceeds 81 the sales o. public lands
within the limits ~ view Mexico
thereafter t. be made by the United
States FOR divers public works and
benevolent and educational purposes.
Various henehciaries 81 specific per
son Of the grant were named. most
of which were not Then in existence.
but were presumably. to be created
from the proceeds Of the grant thus
made. among them being an asylum
Tor the insane. an asylum for the deaf
and dumb. common schools, a normal
school. n military institute, an agrl-
cultural college and a university. II
was provided that no part ~ the pro-
ceeds ~ lands granted for educational
purposes should be used for the sup
pnrt of any sectarian or denomina-
tfonnl school. college or university,
that certain 81 these lands should be
leased only and Ia no larger quAnti-
ties than six hundred and forty acres
90 one lessee. that ~ The lands which
could be- sold M more than one hun
drcd and sixty acres should be sold
% one purchaser. that leases should
not be made 10 run FOR more than
FIVE years. ami should all be tcrmi-
mated by the admission OF New Mexico
"a the union as a state. and that ail
leases made and all Investments ~ the
proceeds q leases and sales should be
subject 10 the approval Of the secre-
tary o. the interior. and finally In the
last section 81 the act 20 put its ben
efACtiOn into effect apprn-
priated ten thousand dollars from the
treasury Of the United States Obvi-
ously the only lnducement 90 the
United States a. make the grant was
the public benefit 10 be expected from
e. In United states IS. Trinidad Coal
company. 49, T. s.. $50. 10. the court
said. The vacant lands Of the United
States were held In trust for all the
people. and in making regulations FOR
.disposing ~ them. congress cgk no
thought Of their pccuniRry value but
tactedl In the discharge Of a high
public duty and IN the interest ~ the
whole country The provisions 90 th
act 10 which 7 have referred were
plainly Intended % promote that pur-
pose. Il would have been idle 20
make such provisions unless congress
assumed that they be erectuallN on-
forced anA unless th.y followed the
land. charging h with a trust. there
could be- no onectual enforcement
That they did charge the land with a
trust and made the territory OF New
Mckee trustee, ~ the trust. I am
convinced Rice W.. Railroad com-
pany ! Black. gaS SIS Charles
River Bridge w. Warren Bridge
n Pet, S44 Missouri a e. RnilwaF
company vs. kansas Pacific Railway
company So a.. s.. eat. fg5 United
" Chndors ~ Fed Rep. $50.
$50; United State vs. Railroad com-
pany. NJ Wall. SEE.
That the United states. the Erautor
N ne trust properly. b. a proper
partv 90 rah in question m "a court
having Jurisdiction. 90 the acts ~ the
would seem 20 be settled
for this court by the United States
SIS
But the defendants contend further
even 81 40 much be granted this
has not jurisdiction because The
territory ~ New Mexico cannot d.
sued ia it That q territory cannot
D. brought into a court OF the United
Rates. without H. consent. Co nnsw
lo a suit Of the United States. o. n
proposition which n the researches
nj the able counsel iu the cas- are
.o be considered exhaustive ~ tho
has IN addition Co its intrinsic
.m Importance the interest ct complete
novelty. The question could not arise
directly under he constitution. be-
the word territory as these
ased obviously meant the lands 90 the
United states United States Va Gr1-