Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-03-18
GOVERNORS ACTION
ILLEGAL AND IMPROPER
So Declares Report of House lnvestigat-
ing Committee in Matter of Transfer
of Deeds to Territorial Timber Lands
.arried out and completed.

carried out and completed.
According to the testimony of Mr.
Keen, Commissioner of Public Lands,
at the time last referred to, the Terri
tory owned in township north, range
8 east, and township Z north, range G
east, approximately twenty thousand
acres of timber land in said Manzano
Mountains. Mr. Hopewell, on behalf
of himself and associates, at thai time
agreed to furnish applications for the
purchase Of said last named acreage,
which included the bad with the good
timber land. 1t further appears from
the testimony that at the time referred
to it was definitely understood that no
timber should be cut from any por.
ton of said lands SO, as aforesaid.
agreed to be applied for nor were any
deeds thereto to be delivered until all
such applications were furnished and
the full agreed purchase price there
for paid. The testimony further shows
that the failure of the said Hopewel
and his associates to comply with the
last aforesaid conditions was one of
the reasons which actuated the Com
missioner of Public Lands in his sub.
sequent refusal to complete the trans
action. In this connection we call at.
tentiOn to the fact that the testimony
discloses a large amount of the most
valuable timber upon said lands was
cut by the agents, or by authority, of
the Pennsylvania Development Com
pany in direct violation of the agree.
ment. and that the Commissioner of
Public Lands, upon learning of such
violation of the agreement, served Of.
fetal written notice upon said COM
pany to forthwith cease such viola
ton.
On April 6, 1908, Mr.. Hopewell
filed with the Commissioner Of Public
Lands forty-four applications, in the
names of persons in New Mexico and
Pennsylvania, TO purchase other lands
IN the two townships mentioned,
amounting to only about seren faou
sand acres. BY these applications he
reduced the acreage originally agreed
to be applied for from about twenty
thousand acres to about eight thou
sand, including in his applications the
eight hundred acres first applied for.
OF course, it is needless to report that
in thus reducing the acreage applied
for he did not exclude the best tim.
Der lands. (See plats, Exhibits c
and d. on which the land finally ap-
piled for is shaded green.) When
these applications were made in April,
1903, Mr.. Hopewell rendered twenty.
thousand dollar note to the board, ex.
ecuted by Arthur Kennedy. president
|of the Pennsylvania Development
Company, and endorsed by a number
|of persons personally interested in the
company, with the understanding that
the company was to be the beneficiary
OF any lands that might be acquired
under the applications referred to.
On September ., 1903, Mr. Hope
well paid five thousand dollars cash,
and on April 81, 1905, he paid another
five thousand dollars cash, on the
twenty-thousand dollar note, and from
time to time paid interest on sums
due the Territory aggregating several
hundred dollars. On March 23. 1904
new note dated March 81, 1904, due
four months after date, for the bal
ance of ten thousand dollars, was ex-
ecuted by said Pennsylvania Develop
ment Company. endorsed by others
iSee Exhibit H and p. 10 Keen's
testimony. and p. IS Hopewells tes-
timony.)
Said note was renewed from time to
time, and the interest thereon paid
and at the time Governor Hagerman
attempted to close the transaction
with one Hopewell, and accepted the
latter's check, the last renewal note
was delivered by Governor Hagerman
to said Hopewell. One of said re
newal notes, dated July 81, 1905 is ir
| evidence, marked Exhibit H." refer
ence to which is hereby made. 1t is
thus made clearly apparent that it was
from the first definitely known an[
understood by all parties concerned
that the individual applications above
referred to, which were procured ant
filed by Mr. Hopewell, for the lands Ii
question, were for the benefit of sait
Pennsylvania Development Company
and that said company was furnishing
the money to pay for the lands ap
piled for. This fact was, of course
as well known to Governor Hagermar
as to Commissioner Keen Hence, i
follows that the contract between thu
Board of Public Lands and Mr.. Hope
well, on behalf of said Pennsylvania
Development Company, was In contra
vention of the express provision con
tanned in the act of Congress unde
date of June 81, 1898, granting lands
to the Territory, prohibiting the sal,
of more than one hundred and sixt,
acres of such lands to any one person
corporation, or association of persons
and this being true, 1t follows, as
matter of law, that such contrac
could not have been enforced Al
against the Territory even though th
Territory had accepted a portion 0
the agreed purchase price for sucl
land.
1t was not an executed contract II
the eyes OF the law.
Had the action of the COMMISSIONS
Of Public Lands In holding up the dea
been sustained by the Governor,
right OF action would have accrued t
the Pennsylvania Development Con