The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-10-07
Albuquerque Journal, Oct. s.

Albuquerque Journal, Oct. 6.
Suit was filed yesterday Saturday
morning il the district court here by
| the United States of America against
the Pennsylvania Development Com,
pany, the New Mexico Fuel and Iron
Co, and W. S. Hopewell, as Terrific
rial agent of the corporations, to can
eel the deeds to nearly 10000 acres
| of valuable timber land in Valencia
county, near the Manzanoa mountains
secured from the Territory in 1901.
Ormsby McHarg and Peyton Gordon,
| special assistants to tae attorney gen
eral of the United States, appear for
the plaintiff. 1t is alleged by the gov
ernme1t that the lands in question
were secured by the defendants from
the board of public lands of the Ter
ritOry by fraudulent means, and that
the Territorial officials and the de-
PENDANTS were both aware that the
transaction was made in violation of
the provisions of the act of congress
granting public lands to the Terrific
ry, and providing for the sale of such
public lands for the benefit of Terri
toriaI institutions. 1t is asked that the
defendants to be enjoined from fur
ther cutting of timber off the lands,
and that they be compelled to re-im-
burse the Territory for the value of
timber already taken from these
tracts.
Judge Abbott issued an order di-
recting the defendants to appear in
court at 10 a. m, October 3, and show
cause why an injunction should not
issue restraining them from longer
laying claim to the premises or cut
ting timber off the land.
The complaint is very lengthy
one, covering some thirty-three type
written pages, and goes extensively
into the status of the lands granted
the Territory in trust by the govern
ment, to be administered il accord
ance with the act of congress, for the
benefit of the public institutions of
the Territory. 1t is alleged that the
lands are held by the Territory only
in trust, and that the grant is not an
absolute one nor a donation to the
Territory. 1t is further declared that
whenever the Territory fails to exc
cute the trust properly and admins
ter the lands according 10 the con-
full authority to step in and execute
the law.
1t is alleged that w S. Hopewell,
as agent of William H. Andrews and
purchase of the lands for defendants.
The act of congress providing for the
sale of the public lands is quoted in
full The complaint says that on Octo-
Der 10, 1901, knowing that only quar-
ter section of tae lands could be sold
to one person. the defendants enter
ed into negotiations with the board
of public lands for the purchase of
10000 acres hereinafter described,
lying in Valencia county, near the
Manzano mountains. The public land
board consisted of Governor Miguel
A. Otero, Solicitor General f. L. Bart
lett and Commissioner of Public
Lands Alpheus A. Keen. Three dol
lars an acre was offered for the lands
The application was made for William
H. Andrews, by his agent, w. S. Hope
well. and a certified check for 5000
was offered to show the good faith
of the applicant. 1t is alleged that
while this application purported to
be for w. H. Andrews, ii was made
in the interest of the Pennsylvania
Development Co. At the meeting of
the land board November 4, 1901, the
applicant was notified that the land
could only be sold in tracts of 160I
acres.
A Deliberate Plot.
The complaint then sets forth that
deliberate scheme to defraud aid
TO evade the provisions of the law
was made By the defendants. 1t is
alleged that they went among the
stockholders of the Pennsylvania De-
velopment Co and the Santa Fe Cen
trail Railway Co. and the friends. rel
atives and families of the officers of
tae companies. and persuaded forty