Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1907-10-03
GOVERNMENT SUSTAINED
U. S. Lands Granted Territories
Must BE- Used for Purposes
For Which They are Given.

For Which They are Given.
1t will be remem bered that a few
weeks ago Mr.. ..Ormsby McHarg Of
this city was appointed Special AS
Sistant Attorney General for the
United States, with.plenary powers
as such representative of the govern
ment for the territory::of NewiMexico.
lt..now begins to seem clear that the
president and Attorney General Bon
oaparte did not wish.. or secure sim
ecure for the position. The first SER
les of. cases in which the United
States is plaintiff was recently ar
gued before Judge Abbott of the
Second Judicial District of New
Mexico, in which Mr.. McHarg rep
resented the government and the At
torney General Of New Mexico rep
resented the territory :.and Attorney
E. W. Dobson represented the Amer
ican Lumber Co. These cases consistS
of the following parties: The United
States, plaintiff, VS.. The Territory Of
New Mexico andi The American
Lumber Company, defenuants, and
anotheroas OF The United States as
plaintiff vs.. The Territory of New
Mexico and The American Lumber
Company, defendants, and another
| case of the United States as plaintiff
Tvs. The Territory of New. Mexico and
Clark M. Carr, defendants.
In the complaint of the govern
ment, Nj, McHarg alleged that the
lands intquestion which we're granted
to the Territory Of New Mexico by
the act Of congress, dated June 2lst.
1898, had been sold by the territorial
officials contrary to the terms of that
act, and in collusion between those
officials and the purchasers. who, as
it is seen, are joined with the terri
tory as defendants. 1t is alleged that
such lands were sold at grossly made
quate prices and in quantities much
in excess of that fixed for purchasers
, by the terms Of the land grant.
/ To this complaint, which fully set
forth all of the facts and made the
contracts. of sale5a part Of the COM
plaint, each Of the several defend
ants demurred, ,as it was claimed that
the United States, by said act and
the locations and designations as
there lin provided and stated, had
definitely parted with the lands
which are the subject of these suits.
and that the. government now has no
interest therein, and that, even if
the cause of and the interest of the
United States therein be granted,
still the territory of New. Mexico is a
sovereign. body politic and cannot be
!. sued except as congress may by law
authorize actions to be tried against
the territory, or that, if the terri
tory can be sued without such auth
orization, it can only be sued in the
Supreme Court of the United States,
in the same manner as state, duly
admitted into the union, might be
sued.
Judge Abbott, in rendering his de-
cision upon the question in, olved,
has given signal victory to the gov
eminent aud has sustained Mr.. Nc
Harg's contentious throughout. He
holds that the United States can, in
the proper judicial form, maintain
the action against the territory in
the manner set forth in the COM
plants. He holds, as contended by
Mr.. McHarg, that the Territory of
New Mexico had received trust
from the federal government and be-
came the trustee Of the.government
for the purpose Of ..disposing of.the
lands granted..to the territory for the
purposes for which the same we're
granted, to.wit: for an :insane asy-
lum, for a deaf and dumb asylum,
for public schools, normal schools, q
military institute, an agricultural
college. s.and..a university ,.and..tbat in
\ disposing of these lands it was the
I duty of the territory, as the trustee,
tQdispose Of them within tho spirit.
5ifsnot the.letter Of the law, and that
1. the United States. the grant0r Of the
3 trust property. is a proper party to
call in3question Ia court the acts OF
the trustee.
The question Of the Jurisdiction Of
the federal government against the
territory Of New Mexico in suits of
this character was strictly novel, be-
ID ing the first time that court had
ever held, and probably the only time
u the question was ever brought before
acourt, that the government could
Il h.incr . snit IN tho mn and form