The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-08-12
Albuquerque Journal, Aug. 9.

Albuquerque Journal, Aug. 9.
Actions were filed in United States
court fo- the second judicial district
OF New Mexico yesterday evening, by
Ormsbs McVarg and Peyton Gordoa,
special assistants to the attorney gen
eral of th.. United States, seeking to
cancel contracts which have been en-
tered into by officials of the territory
of New Mexico with private iadiVid-
uals for the sale of timbe~ on ap-
proximately $4,000 acres of territorial
timber lands granted to territorial in
stitutions by the Ferguson act OF
1898, seeking to perpetually enjoin
the further cutting of timber on tae
lands and to recover the lands and
the timber also to recover the value
of the timber already cut from said
lands
The suits, three in numDe-, were fl
ed in the office of District Clerk Iohn
venable last night by Mr.. Peyton Cor
don, VINO came to Albuquerque for the
purpose and who will return to Santa
Fe this morning The first of the
suits is entitled:
1.-THE United States of America vs.
the Territory of New Mexico, George
w. Prichard, as attorney general of
the territory of New Mexico, Alpheus
A. Keen and Clark NJ. Carr and is to
recover, the timber rights and to pre-
vent the further cutting of timber on
approximately 10000 acres of land, the
timber rights of which were contract
ed to Mr.. Carr by the territory of
New Mexico while Mr.. A. A. Keen was
commissioner of public lands of the
territory, at a price of $3.50 per acre.
The other two suits are entitled:
tThe United States of America VS..
the Territory of New Mexico, George
w. Prichard, as attorney general of
the Territory of New Mexico, M. A.
Otero, Alpheus A. Keen, and the Amer
recover the timber rights and to pre-
vent the further cutting of timber on
between thirty and forty thousand
acres of territorial timber lands, the
timber rights on which it is alleged,
were illegally contracted to the Amer
ro, as governor of New Mexico, and
A A Keen, as land commissioner of
the Territory.
The complaints in the three suits
are Identical, and accompanying each
of them is a temporary injunction,
signed by Judge John R. McFfe of the
First Judicial District Court, in the
absence of Judge Ira A. Abbott from
the Territory, preventing the further
cutting of timber on the lands in ques-
tion until the hearing on petition for
permanent injunction shall nave
been mad.
Officials Acted Knowingly.
The actions filed last night are un-
derstood to be the first of series of
similar actions which will seek to re-
cover on practically all timber lands
which have been sold by the Terrific
TT of New Mexico and its officials. from
those lands granted to the Territory
fer the use of Territorial institutions
uI0eF W4dl Is kuOW4 as IQ0 F'0rSuS-
son act, it being alleged that the con-
tracts entered into for the sale of
these lands or the timber on them,
is in direct violation of the terms of
the Ferguson act. which provides
specifically that no tract, from the
lands which may be sold. may be dis
posed OF by the Territory in tracts
greater than 160 acres to any single
firm, corporation or individual, and
that the lands which may be leased.
oaly $40 acres may be leased to any
firm, corporation or individual. and
then for term OF not more than five
years.
In the complaints, which are identi-
zszz;, save for the names Of the defend
ants, aad the location and acreage of
lands sold. it is alleged that the Ter
ritorial ofzlcials. while making neith-
e. sale nor lease Of the timber
lands 1t Issue. entered into contract
for tne vale OF timber ON the Terrific
rial lands chiefly valuable for the tim
Der staading On said lands; that In
the cuttins of the timber such lands