Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-23
DECISION OF INQUISITION
MALICI0USLY 0VERDRAWN
Charge That Governor Hagerman Was ACtuated by Unfair
Motives in Refusing to ConSummae Bonharn and Holt
Transaction DSprOven by Letters Addressed to Interior
Department, Practically Recommending Its COnSummaon.
An interesting Public Document

I tive in the proper discharge Of his
/ duties, under the constitution, is a~
| Independent of the courts as he is of
/ the legislature That the president
/ or governors of states or territories
/ cannot be forced 10 testify before even
| a judicial tribunal, is well established.
! such cases have even occurred in our
| own territory That committee of
/ one branch of the legislature should
| even attempt such a proceeding is as
tonishing, and. believe. unprecedent-
! ed in the annals of legislation.
| need not remind the members of
/ your honorable body that the usual
| course for the national congress and
state and territorial legislatures 40
! persue when they desire information
| from the executive is to pass a resolu-
| tion asking for such Information, and
! to request the executive If compatible
with public interests to furnish such
| information together With such pa
/ pers and documents as can properly
! be furnished.
Universal custom and common
courtesy demanded that such course
/ he pursued in this instance. but mas
much as it was not, ! indicated my
readiness to give any information |
could to this committee or any other
members of the legislature. As they
I refused TO meet me az my office
shall give u an tho members of The
house Of representatives the statement
which 81 had intended to make to
them.
on August -, 1906, ! accepted, on
| behalf of the territory $11133.74 in
| payment of a note for $4,000 and in
terost thereon, which note was in the
office of the commissioner of public
! lands, who was absent from the city
AT that time. | accepted the payment
| from Mr.. HopeWell in two checks one
for $1,000 and one for $133.74,
which checks were deposited by me in
the First National bank of Santa Fe.
to the credit of \. 4, Keen, COmmis-
sioner Of public lands
Upon the written request of Mr..
Hopewell, / delivered the deeds forty
three in number, To Charles f.. Eas,ey.
attorney for the grantees therein, ON
the 30th day of August Mr. Easley
gave to me the following receipt there
for:
Santa Fe y. NJ. Aug. 30, 1906.
Received from II. j. Hagermau.
Governor of New Mexico, recorded
deeds numbered as follows. same be-
ing delivered to me uuon request
tii'l Nl'i H-'t OIL o-t'
325, 326, 327, 329, S56. 357. 35S, 369.
$50, 36l, 362, 1863. 364, 365, 3G6, 3G7,
Al, AZ. Alb, 4tf, 415, 416, All, AIS,
419, 420, 421, I22. 423. 424. 425. 426,
427, 42S, 429. 430. 431, 432
CHAS. F. EASLEY."
There were forty-three deeds in all,
the total acreage being 1866. They
were all signed by Miguel A. Otero,
governor of New Mexico and chair-
man of the board of public lands
thereof, and by \. \. Keen, secretary
! of the board Of public lands Twenty
! three of the deeds had not the seal of
the said board affixed, the others had.
| affixed the seal to the said twenty
three deeds
| understand that the money has
not been distributed to the institu-
tiUns to which il belongs but II is not
| true that | have made repeated de-
mands" or any demands upon the
| commissioner to distribute it. | have
repeatedly requested the commission
er TO inform me the exact pro-
| portions due To the two or three in
| stitutions to which the money be-
! longs but he has failed to do 50.
Upon assuming the office of COVER
| nor of New Mexico / found matters
. tttdNlHB " lUt Duullt ldlluS VI NEW
Mexico in a very confused and unsat-
/ isfactory condition. have used every
effort since that time to remedy that
condition and bring order out Of
! chaos. In such attempts | have at
I times been seriously handicapped both
| by the dilatory and undecided meth
| DDS pursued in the commissioners Of
| flee and rendered I'm some degree nee
! essary by the territorial and federal
| laws, and latterly by the undoubted
/ desire of certain men to hamper and
| embarrass me i'm every move | have
| undertaken for the settling and clear
| ing. up OF these territorial land mat
| ters.
/ BY the act Of June 2l 1898. about
a million and a quarter acres of land
were granted 10 the territory for edu-
! cational institutions in addition to sec
! tions 6 ana 36. which were granted
! for school purposes Some of these
| lands could, under the act. be sold,
and some Of them leased only. A
| clause in section 10 Of the act pro-
| vided that mot more than one section
/ of land shall be leased to any one
| person. corporation or association OF
persOns:" another that mot more
than one quarter section of land shall
! be sold to any one person. corporation
or association of persons The law
provided that all these lands should
be selected by the governor, the sur
yeyor general and the solicitor gen
eral acting as a commission, known
as the United States land commits
sion. It provides that all leases made
under the provisions Of the act
should be subject 10 the approval OF
the secretary Of the Interior, as vel
as all investments made and seeuri.
ties purchased with the proceeds Of
sales or leases; also that it should be