Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-03-18


action. referred to in the testimony,
and to have recommended legislation
by the present Assembly whereby the
Territory or the several institutions to
which the prior payments referred to
had been distributed could be author
lied to refund same Similar action
has been taken by said Assembly in
the matter of reimbursing several Ter
ritorial institutions on account of pro-
ceeds derived from the sales of their
lands held to have been improperly
expended for the purpose of defraying
the expenses incident to the location
and selection of such lands,
Deeds were executed by the board
from time to time to cover these
lands applied for as above stated, but
none Of the deeds were delivered by
the board, nor by the Commissioner
of Public Lands, nor were any of said
deeds recorded, except ia the Office of
the Commissioner of Public Lands.
The Board of Public Lands was
abolished by the Thirty-sixth Legisla-
tive Assembly of the Territory, March
l6, 1905, the act taking effect sixty
days after its passage BY this act
the Office of Commissioner of Public
Lands was created anew. and Mr.. A..
A. Keen was appointed to the Office
and began performing the duties
thereof alone, about the 10th day of
May, 1905. After that date neither the
Governor, nor the attorney general,
had any further official connection
with the lands belonging to the Ter.
ritory. The Commissioner of Public
Lands was made the sole and exclll-
sive custodian of all the papers, and
records of the defunct board, and he
alone was the custodian of the official
seal of the office, and was by said act
( vested with all the powers formerly
! vested in and exercised by said board.
When the board ceased to exist un.
der the act OF March 16, 1908. the
deeds above referred to- and also the
note of ten thousand dollars, which
remained unpaid, went into his hands
as the lawful custodian thereof
In January, 1906, the Hon, Herbert
J. Hagerman became Governor of New
Mexico The Board of Public Lands
| Eayinfr nnacod IN avict bn nnuar L.
came a member of it. He had nothing
officially to do with any of the duties
conferred on the Commissioner of
| Public Lands. He could neither re-
ceiye applications to purchase land:,
nor could he execute, or officially de-
liver any deeds that had been exc.
cuted. to any Of the lands purchased
as aforesaid. He was not the custod-
ian of the seal of the Commissioner
of Public Lands, nor could he officially
affix such seal, either in the presence,
or out of the presence, of the Commits
sioner to any document Or deed of the
Commissioners Office.
After he became Governor, the De-
partment of the Interior at Washing.
ton detailed one f. P HoIcombe, n
clerk of the general land office. to in
vestigate the sale of the above men
toned lands. This fact was known to
the Governor, as it was known to
many others The report of this clerk.
or agent, was made to the Commits
sioner Of the General Land Office a.
Washington. April q, 1906. In his re-
port, among other things said, he
uses the following language: "Should
this transaction be finally consum.
mated by the payment of the Penn.
sylyania Development Company of Its
note of ten thousand dollars with ac.
crued interest, and the deeds which
/ have all been executed be delivered
there can be no question but that /;
would be in deliberate violation of the
condition annexed to the grant oi
these lands by Congress restricting
sales to tracts not exceeding one
quarter section to any one person
corporation, or association of per
sons" Said special agent in said re
port further finds:
.. That 1t was known to the boart
before any application to purchase was
presented, that Hopewell as agent 70,
Andrews represented the Pennsylvs
| MIA Development Company and thu
/ New Mexico Fuel and Iron Compan,
Exhibits E. F, and X in the pur
chase Of their lands.
4 a. That all payments were made
by the Pennsylvania Development
i Company. and all evidence OF indebt
| edness to the Territory on account o
the proposed sale were given by sait
company. aa.
4. 70. That no contract in writing fo
! the sale Of these lands was ever ell
, tered into and no record of sale tt
, | the Pennsylvania Development Com
pany was ever entered on the book
of the board, but all payments mad,
by said company were credited to in
dividual purchasers, to whom deed
were issued" (See paragraphs 8,
, and 5, on page d. and paragraph 7, OF
, page 5, House Document No. 799, "ES
I hibit MI
It was this report, and conclusion
therein. more than anything else
which influenced the Commissioner O
Public Lands of this Territory in hi
! subsequent action. After this repor
| the Commissioner Of Public Lands toll
i the Attorney General of New Mexic
!, that he could not see how thes
! deeds could be delivered" and iinall
} took the position that he would no
| turn over the deeds In the fact OF thi