Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-10-06
PURCHASERS ORDERED TO SHOW
CAUSE WHY I'M JUNCTION
-SHn" D NOT BE ISSUED
Land Transaction Which Has Figured Prominently in Re-
cent frc * New Mexico Now to Be Heard in
Open < upon Action by Federal Government to Re-
store Title to the Lands to the Territory Hearing Set
by JUDGE Abbott for Tuesday, October g.

Suit WAS filed yesterday morning II
the district court here bN~ I've United
States Of Anne .ca rag3fo the Penn
sylvania Deve 9nment company, the
New Mexico Fu.J ard' Iron company
and w. ). HoErwell as territoria
agent Of the corporations, T. cance
the deeds to nearly 10000 acres oi
valuable timber land in valencia
county. near the Mahzano mountains
secured by the defendants from the
territory in l0g1 Ormsby McHTrg
and Peyton Gordon, special assistants
TO the attorney general Of the United
states appear for the plaintiff II Is
alleged bN the government that the
lands IN question were secured by the
defendants from the board of public
lands OF the territory by fraudulent
means. and that the territorial Off
ciaR and the defendants were both
aware that the transaction was made
In violation of the provisions Of the
act of congress granting public lands
10 the territory, and providing for
the sale of such public lands fer The
benefit Of territorial Institutions II
Is asked That the defendants be cn-
Joined from further cutting timber
OFF the lands. and that they be COM
PEELED To reimburse 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 s, ana show
cause WHY an Injunction should not
issue restraiing them from longer lay
ing claim to the premises or cutting
timber oef the land.
The complaint Is a very lengthy
ono, 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 in accord
ance with the act of congress, for the
benefit Of the public institutions of the
territory, II Is alleged that the lands
are held by the territory only in trust
and that the grant Us not an absolute
one nor q donation to the territory,
II is further declared that whenever.
the territory fails 10 execute the trust
properly and administer the lands ac-
cording 10 the congressional act, he
government has full authority to ep
in and evpcute he law
II is alleged that w. 5. Hoper 'll
ms agent Of william n. Andrews M
the two companies. negotiated tie
purchase Of the lands for the def ~
ants. The act Of congress providing
for the sale of the public lands is
qaoted in fun The complaint says
that on October 10. 1901. knowing
lands could be sold 10 one person, the
defendants entered into NEGOTIATIONS
with The board of public lands for
tho purchase OF 10000 acres therein
after described, lying in Valencia
county. near the Manzano mountains
The public land board insisted Of
Governor Miguel A. Otero. solicitor
General r. T. Hartlett and Commits
sioncr of Public Lands Alphcus \.
Keen Three dollars an acre was Of
fcred for the lands The application
was made for William II Andrews,
by his agent W :. HopeWell. and
certified check for S200 was offered
10 show the good faith of the appli-
cant. II is alleged that while this az
plcation purported to bc for W. Fl
Andrews Il was made iu he interest
Of the Pennsylvania Development
company. Al he meeting Of tho land
hoard November 1901 Che appli-
cant was notified that the land could
only he sold I'M tracts Of 100 acres.