Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-05
Attorney for United States
Holds Territory Is But TruS-
tee In Administering Lands
Granted to Institutions.
HAS GOVERNMENT RIGHT
TO DEMAND ACCOUNTING
Defendants Claim Title Has
Passed to New Mexico; That
Federal Action Has No
Standing in Court,

Is the territory OF New Mexico
merely the agent OF the United States
government IN the handling and dis
position of the million and a half OF
lands given to the educational and
other public institutions of this terri
tory under the law OF congress- OF
1898, granting the lands. and as such
agent or trustee. is the territory ac.
eouniabie To the government for tho
disposition made of these lands and
Tor the sale of timber landing on
them? OR did the territory, under
the act OF 1898. become the absolute
owner OF these lands. and has II the
power TO administer them and sell
timber from them as II sees ut. sub
lect only 10 the specific Limitations of
the act of congress?
u Is the question at Issue In the
argument on the demurrers, resumed
yesterday before Judge Abbott In
chambers IN the Bernallllo county
court house, in the suit OF the United
states against the territory of New
Mexico former Governor NJ. A. Otero.
q, w. Prichard, A. A. Keen. tho
American Lumber company and Clark
M. Carr, In which the United states
seeks to ANGEL and set aside contracts
Tor the sale OF certain timber from
territorial lands, sold by the territory
through the officials named In tho
action. Ia the Lumber and
captain Carr; TO cause nm accounting
TO be made for the timber already cut
under uch contracts and to cnjoin
further cutting Of timber under these
contracts
The argument. which was opened in
santa Re last Monday by Attorney
General A. H.. FAN, upon the demur-
rer filed by him In behalf OF the ter
ritory. was esumed before Judge Alb
bott yesterday morning az 10 o'clock.
Judge Fall, @. w. Prichard and r.. w.
Dobson appearing for the defendants,
and Special Assistant Attorney Gem
eral Ormsby McHarg, OF Washington,
for the United States.
h argument occupied the entire
day, and at the close OF the session
yesterday afternoon Mr.. McHarg an
nounced that he desired half an hour
this morning In which 10 complete his
argument. Since II IL probable that
the defense will desire an equal length
II time In which TO reply. II is prob
able that h argument will not have
been completed before late this after
Voluminous citations have been
by both sides, and u Is not ex-
that the court will be ready inn
nediately TO give a decision on the
1emurrers which have been filed re-
ipectively In behalf OF the territory.
IF the defendants. former Governor
)tero, G.. w Prichard and A. A.
Keen. and Of The American Lumber
company and Clark NJ. Carr.
The argument involving the sover-
OF the territory IN the admin
Of the lands granted 20 it, in
by the United States, and
he question Of the right Of the
United states To demand an account
from the territory for It's admin
OF the lands are OF deepest
interest. and Of tar reaching impor-
ance. and Judge Ahbott's chamber
crowded yesterday throughout he
.ntiro day with lawyers and others d.
ectly interested In the questions at
When the session opened Argument
resumed with a brief introduce
Dry statement by Mr. McHarg In be-
aff OF The government. He sal that
was the desire ~ the government TO
an Interpretation by The courts
+ the law iu these cases aud TO secure
an Interpretation amicabiy and
/, quickly as possible. He Indicated
early hat the government Wes NOT
any controversy with the ter
tory. and further that the territory
ht dismissed from the cas- al
be- held such dismissal would
lt affect the case against the other
'fcndants
Judge Fail. replying briefly. held
e territory 10 he as much Interested
the other defendants. and that tho
smisssi 81 the territory would in
the dismissal Of the cases
the other defendants tie
ia. in line with his argument Of
onday that the territory had acted
its rights In making the con-
acts for the sale OF umber al issue.
q that The government had no su-
ority under the Law 60 sue for an
counting under these contracts.
dye Fail then read several COM
Inicatlons from the Interior depart
snt relating 90 requests for opinions
lm the territorial officials IN con-
elton with the disposition o. me
lands lu question. the OF
lich was that the department con-
these questions ones % he de-
hy The Law Officers o. the
-ritory Among others he rad -
inion hY Assistant Attorney teueral
mpbelL. 10 former Land Commits
re- Afpheus A. Keen. one ~ the
ferdsnfs. advising the latter 60 look
inc territorial las Officers Tor an
fnion on q timber land Transaction
sIfsr o. the ones 81 issue n en-
= -ase ~ the territory. Judge Pal
a la closing. was that the officers
~. eo0ernmeut Rad held that these
- we're under the territoriai gov
.rent a. Re ADMINISTERED under the
/ a. directed By the territorial Of
having the authority. and that
- officers had not exceeded their