Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-08-23
DEMURRERS FILED
IN TIMBER CASES
insufficient Cause
of Action is
Claimed
OTHER QUESTIONS RAISED
These Suits are First Brought
Following Investigation In
to Alleged Frauds.

DemurrerS were flled today IN tne
cases now pending in the Federal
court of the Second judicial district,
which were instituted by Special AS
sistants to the Attorney General
Ormsby McHarg and Peyton Gordon
and entitled the United States of
America VS.. the Territory of New
Mexico ct al. There are three of the
suits in all and they were brought for
the purpose of endeavoring to have
set aside deeds to certain tracts OF
timber lands which We're purchased
from the Territory by the American
Lumber Company and Clark M. Carr.
Illegality of contracts are allegations
set forth in the complaints, it being
claimed that the timber lands involved
were secured by fraudulent means.
The American Lumber Company is
named as a co-defendant in two OF the
cases and Clark NJ Carr in the other,
while Miguel A. Otero, former GoverS-
or of New Mexico, George w. Pri-
chard, former attorney general, and
Alpheus A. Keen, former commission
er of public lands, are made parties
defendant to all three suits. The Ter
ritory, in its demurrers, which were
drawn up by Assistant Attorney Gen
eral r. G. Gortner, maintains that the
Federal government has no sufficient
cause of action. The demurrers also
state that the court has no jurisdiction
in these cases and number of other
specific questions are raised. Other
demurrers will be filed by the attor-
neys for the American Lumber Com
pany and Mr.. Carr as well as by coun-
sci for Messrs. Otero, Prichard and
Keen.
These suits are the first in which il
is sought to restore lands to the Ter
ritory by the Federal government
that are alleged to have been fradu-
lently acquired by individuals and cor
porations. Others, it is said may be
filed later and the outcome Of these
causes will be watched eagerly, not
only by the legal profession but by
people generally throughout New Mex
leo. If the demurrers are sustained by
the court the cases will of necessity
be dismissed and the Writs Of injunc.
tlons dissolved. If the demurrers are
overruled it is expected the suits may
be carried to the United States SUI
preme court for final decision and ad-
judication.
Appended is a copy of the general
demurrer filed by the Territory in one
of the cases involving the American
Lumber Company. The other two are
along similar lines, with possibly
few minor changes. The demurrer in
question follows:
Demurrer to the Complaint
In the Second Judicial District Court
of the Territory of New Mexico.
United States of America, Plaintiff,
VS.. No. 8.
(Marshalls Docket No. 1224.)
Territory of New Mexico, ct al, De.
PENDANTS.
Comes the defendant, the Territory
of New Mexico, by Albert B. Fall, its
attorney general, and demurs to the
complaint of the plaintiff, the United
States of America, and for grounds
of such demurrer shows:
1. That, as appears upon the face
of the complaint, this court has no
jurisdiction of the person of the de-
fendant, the Territory of New Mexi-
CO.
2. That the defendant, the Terri
tory Of New Mexico, herein sought to
be implicated is not subject to action
instituted in said court against it
without its consent.
3. That it does not appear that the
defendant, the Territory of New Mex
leo, herein sought to be impleaded
has by statute or otherwise consented
that 1t may be sued herein.
4. That it does not appear that by
any act of Congress, legislating for
said Territory of New Mexico, or 9th
erwise, consent has been given that
the said Territory may be sued here
in.
5. That the relations of the United
States of America and its Territories
are such that questions which may
arise between them are not judicial
but political, determinable and re-
lievable by Congress and the political
branches of the general government,
but not capable of adjudication be-
tween the general government and its
territories in the courts.
6. That, If sued in its sovereign
capacity, the Territory of New Mexi-
co. like state, can only be held to