The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-03-26


House Committee which had investi-
gated the land deals of the Territory
with which Governor Hagerman was
connected, was brought before the
HOUSE. the Governor sent a special
message to the House relating to mis-
actioas in these cases. This message
was not given the courtesy of read
ing, as is well known. and deeming
it proper that this message should be
brought to the attention of the peo-
pie. the Record publishes it in full.
1t is as follows:
March IS, 1907
To the Speaker and Members of the
House of Representatives of the
Thirty-seventh Legislative Assem-
bly, Santa Fe. n. NJ.
Gentlemen: On March the 4tn,
house resolution No. 9. introduced by
Mr.. Beach, was passed by the mouse
of representatives. This resolution
provided for the appointment by the
speaker of a committee of five mem
bers 10 investigate certain alleged
charges against me as governor of the
territory in connection with the de-
liveryiof certain deeds to w. s. Hope
well fbr timber lands heretofore sold
by the territory to the Pennsylvania
Development Company.
The speaker named a board in ac
cordance with said resolution. In the
course of its proceedings. namely. on
Saturday, March 8, 1907, a subpoena
was issued by said board requesting
me to appear at 2 o'clock in the after
noon. with all documents and papers
connected with the matter in question.
The Subpoena was signed by the Hon.
E. c. Abbott, as chairman of the COM
mittee l sent to Mr.. Abbott the fol-
lowing letter:
ITO Hon. F. c. Abbott.
Dear Sir: | shall be pleased to re-
ceive you and any other members of
the house of representatives VINO de-
sire to accompany you this afternoon
at my office at 3 o'clock, and to fur
lish you with any information con-
cerning territorial matters, which it is
proper for me to furnish. 1 have the
nonor to be, respectfully yours.
III. J. HAGERMAN.
Saturday. March 9. 1907"
The members of the committee
were not disposed to come to my Of
fee and later in the day sent another
subpoena commanding" me to ap-
pear before them, which 1 refused to
do.
one branch of the government can
not interfere with a coordinate
branch of the government, and it may
be proper to say here that the eXecu-
tive, in the proper discharge of his
duties, under the constitution, is as
Independent of the courts as he is OF
the legislature. That the president.
or governors of states or territories,
cannot be forced to testify before ev-
en- a judicial tribunal, is well establish
ed. Such cases have even occurred in
hot INIT "a
of one branch of the legislature should
even attempt such a proceeding is as
tonishing. and. believe. unprecede1t-
ed in the annals of legislation.
/ need not remind the members of
your honorable body that the usual
course for the national congress and
state and territorial legislatures to
persue when they desire information
from the executive, is to pass resolu-
tion asking for such information, and
to request the executive if compatible
with public interests to furnish such
information together with such pa
pers and documents as can properly
be furnished.
Universal custom and common
courtesy demanded that such a course
be pursued in this instance, but mas
much as it was not, / indicated my
readiness to give any information
could 70 this committee or any otaer
members of the legislature. AS they
refused to meet me at my office.
shall give to all the members of the
house of repr resentatives the statement
which 1 had intended to make to
them
On August 81, 1906, / accepted on
benalf of the territory, $11.133.74 in
payment of a note for $4,000 and in
terest thereon, which note was in the
office of the commissioners of public
lands. who was absent from the city
at that time l accepted the payment
from Mr.. Hopewell in two checks, one
for $1,000 and one for $133.74
which checks were disposite d by me
in the First National Bank of Santa
Fe, to the credit of A A Keen, COM
missioner of public lands.
Upon the written request of Mr..
Hopewell, delivered the deeds, forty
three in number, to Charles F., Easl-
ley, attorney for the grantees therein,
on the 30th day of August. Mr.. Eas-
lev gave to me the following receipt
therefor:
santa Fe, N NJ. Aug. 80. 1906.
Received from H. ]. Hagerman,
Governor of New Mexico, recorded
deeds numbered as fellows, same be-
ing delivered to me upon request
therefor: 800, 321. 322, 323. 324.
s25, s26, 327. 329, S56. 357. 35s, 35s.
$50. s61. 362. 1858. 364. 365. $50. S67,
All, 4l2. 413. Ala. AIS. 416. Alt, AIS.
419. 400, 421. 422. 423. 424, 425, 426.
427, 42s, 429, 430. 431. 432-
CEIAS. F. EASLEY."
There were forty-three deeds in all
the total acreage being 1866. They
were all signed by Miguel A. Otero.
governor of New Mexico and chair
man OF the board of public lands
thereof. and by A. A. Keen, secretary
of the board OF public lands. Twenty
three of the deeds mad not the seal