Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-05

authority In making the contracts NJ
issue.
Al this nalnt former Attorney Gen
eral Prichard stated 20 the court that
ne WA " the opinion b a he was 70
be dismissed as one OF the
MIR. MeHarg objected. and MI. Pfich-
ard asked the court TO sustain the de-
murrer In hts case on the ground that
he was not q proper party TO the suit.
Thc court. however. refused 10 do 50
until he had heard argument on the
demurrers.
Affarney r.. w. Dobson. represents
ing the American Lumber company
and Clark NJ. Carr. then opened argu-
menf on the demurrers for the de-
PENDANTS. Mr.. Dobson began with an
interesting resume Of the history Of
the territorial lands granted 10 New
Mexico Institutions by the act OF con
rress OF 1898. He held that under
this act title was transferred unre-
servedly 10 the territory n briefly
review cd the territorial legislation for
their administration, giving especial
attention to those portions OF the
acts of 1901. 1903 and 1905, delegat-
ing power 10 the territorial land Of
ficiais to sell maturcd timber on ter
riiorlal lands. Mr.. Dobson held that
the right OF the territory to sell GER
tain Of these lands and the timber off
the lands was proven unreservedly
under The Law Of 1898. and then quot
cd the territorial law OF 1891, by
which the land officials were author'
ICED to sell matured timber from Ger
tain lands and under which law the
American Lumber company and Clark
NJ. Carr made the contracts with the
s.xrffaFg man Al teErfa Ha thaH "a We
q brief and interesting history OF the
name IN which the American Lum-
Der company had acquired It's holdings
In New Mexico, showing hat the
company acquired by far the greater
part Of It's timber lands by direct pur-
chase from private owners. The COM
pany. he said, became the owner Of
the odd sections IN the Zunl noun
talns and along The continental divide,
being the major portion OF its hold
ings. by direct purchase. These lands
were originally granted by congress
10 the Atlantic and Pacific railroad.
and sold by hat road to the Mitchell
brothers. OF Michigan. who held the
lands for some years with the purpose
OF developing the timber resources.
The Mitchell brothers finally sold
these lands 10 the American Lumber
company, and the motive of the COM
INNf ~ H''hAHk w H'NhAAf ffkIAF W
the timber on certain adjoining terri
torial lands was TO justify Il IN The
expense made necessary by building
railroads Into It's holdings acquired
from the Mitchell brothers. Every
action Of the company, he said. had
been open and above board. At this
point Mr.. McHarg objected on the
ground that the motives OF the pur-
chasers were not ~ issue and without
Aaa rlssr an lIa I.stssRr.V Al naHa.F
continued with the contention that "a
mere allegation that the American
Lumber company had %conspired with
the Law officers Of the territory. with
out saying o they had conspired.
was not enough 20 show a cause Of
action, on a ground Of conspiracy.
Mr.. DobHon cited numerous authori-
ties 10 prove bis contention that the
territorial officials had not exceeded
their authority In selling the timber
Off these lands. and that the govern
ment mad no authority 10 demand an
accounting for such sale. He cited
other authorities to show that title
passed without reserve from the gov
eminent TO the territory by the act o.
1898. that the government therefore
had no nart IN the suit. and that the
transfer effected by the Law Of iSgS
created no trustceship on the part Of
ANf hfAfAAflN " the HNNNN litifflAH nc
held that The government had no right
60 bring suit save when the govern
ment has an Interest in the land or
when fraud IA perpetratcd against the
government, and hat therefore NJ
cause ~ action existed.
Mr.. Dobsnn closed HIS argument at
the noon hour and In b afternoon
Mr. McHArg opened Tor the govern
ment. lie was still speaking when
court adjourned Tor the day and will
resume this morning Mr.. McHarg's
argument FOR his contention Of the
right Of the government to Intervene
and demand an accounting for the
disposition Of the institutional lands
WAS a brilliant me and we'll sustain
cd, He was frequently interrupted by
counsel for the defendants. and at
times the questions and the answers
were pointed enough to cause the
spectators to take new Interest IN the
hearing.