The Hartford republican. (Hartford, Ky.) 18??-1926, 1907-11-08
FEDERAL SUITTO
GET VAST TRACT.
Government to Prevent uSeOf
New Mexico Lands.
Petition Alleges Fictitious Names
n Were Used to Acquire.
Holdings.

The United States Government has
filed suit at Alamogordo for the re-
covery Of the timber lands OF the Ala
mogordo Lumber Company. The gov
eminent has entered similar suit
against the Pennsylvania Development
company of Albuquerque, which oper-
xetes extensive tracts of timber land
situated in the Manzano Mountains.
1t Is stated that more than 100000
are involved in the Two suits. The
Alamogordo Lumber Company is a
subsidiary concern of the Phelps
Dodge Company the Eastern syndicate
which owns the Ell Paso and South
western Railroad and the coal fiel
of Dawson, N. NJ, as well as large
mining and smelling interests in Ari-
zona and Mexico.
Some novel points are at issue in
the two suits. The lumber interests
throughout the West will be interested
In the outcome, as many of them oc-
cupy the, same position as the two
defendant companies in the matter of
acquiring their lands. The petition In
the case against the AlamogOrdo Lum-
Der Company is voluminous, and is
signed by Ormsby McHarg and Peyton
Gordon, special assistants to the at
torney general of the United States.
1t is alleged in the petition that the
lumber company through it's agent, w.
A. Hawkins, secured from the govern
ment commissioners of New MeXica
the permission to select certain parcels
of land on which were dense forests
of pine and other valuable trees; that
this agent at first tried to secure pa
900 acres to be decided directly from
the government to the lumber compan
and failing in this he secured the
names of 163 persons, and through
them and their applications he finally
secured the possession of 23,51 acres,
all or nearly all of which are covered
with dense forests.
1t is further alleged that each one
of the applicants was informed that
the law required his procedure, and
after they had made their applications
each for 100 acres, they gave power of
attorney TO G. p. Davidson OF Scran-
ton Pa, and that Davidson, through
the power of attorney he held deed
ed all the land so secured TO the lum-
Der company, without any of the ORR
ginal applicants receiving any com
pensation whatever. The lumber COM
pany, in making payments on this
land, at the rate of SO per acre, paid
into the territoria fund the sum of
$70,715 and the various payments when
made were credited TO the individual
names of those who made the original
the lumber company held deeds exc
cuted to it by the 163 persons who
had secured the land upon their ap-
plication. "
1t is claimed by the government
that the lumber company was aware
of the fact that the lands contained
valuable timber, and that this timber
was worth at the very least $25O,OOO.
These various transactions occurred
in 1899, and the actual cutting of the
timber began shortly afterward, and
since
The petition prays for perpetual
Injunction restraining the lumber com
pany from holding possession of the
lands, and that an accounting be rem
dered of all sales and profics Of the
lumber company during the period
that il has operated the lands and
that the deeds to the lands be declar-
ed null and void and the land revert
to the government.
The petition gives the name of the
1853 men who made the original apph-
cations for the purchase of the land.
Most of them live in Scranton, Pa.
The basis of the governments claim
is that unlawful means were used in
securing possession of the lands, ana
that the territorial board had no
right to usurp authority or execute
final action in the matter as the aol
of Congress intended That these publc
lands should be merely held in trust
by the territorial for the benefit OF the
various territorial institutions.
The Alamogordo Lumber Company
ralso owns a large area of timber lands
which were secured by placing scrip
upon the lands the scrip having been
purchased at private sale.
DeWitt's Carbolized Witch Hazel