Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-09-20
TERRITORY HELD TO
Be MERELY TRUSTEE
important Suits Involving Title OF
Tracts of Timber Land Pur-
chased From Territory by
American Lumber Co.
and G.. M. Carr.

Judge Ira n. AbDott today maze
public his opinion in the demurrer
of the defendants to the petition in
the cases Of the United States versus
the American Lumber Co. and Clark
NJ. Carr, involving the sale of terri
torial timber lands.
The demurrer is overruled and the
case will proceed.
The defendants demurred to the
petition on the grounds that the ter
ritory was a sovereign power and
could not be sueu by the federal gov
ernment except in the U. S. supreme
court or under special act or con-
gress. Also that in ceding certain
school lands to the territory, the
United states gave the territory fun f
title and possession of the lands for
disposal by the territory for the
benefit of the schools.
The government officials are of the
opinion that the territory was merely
trustee of the lands and had not the
power to dispose of them in the
manner in which 1t is alleged the
lands were sold.
The demurred to the petition
brought out an intricate problem of
state rights and the attorneys on both
sides had number of very interest
ing and rather heated arguments
when in court on the demurrer.
The written opinion of Judge Abb
bott. which shows how he views the
points at issue, is as follows:
Territory of New Mexico, Second Ju-
dicial District. In the District Court
for the Trial of Causes Arising un-
der the Constitution and Laws of
the United States.
The United States VS.. The Territory
of New Mexico and The American
Lumber Company; No. 2.
The ITnitp1 States The Territory
OF New Mexico and The American
Lumber Company; No. 3.
The United States vs.. The Territory
of New Mexico and Clark NJ. Carr;
No. 4.
Opinion.
Some of the questions raised in
these causes are of such importance
that I think it advisable to state my
reasons for overruling the demurrers
to the amended complaints.
The essential allegations of the
complaints are that land, which was
granted to the territory of New Mex
leo by act of congress of June 2l,
1898. has been sold contrary to the
terms of that act by the territory
through its officers appointed for the
purpose; that by collusion between
those officers and the purchasers, who
are made defendants, 1t was sold at a
grossly inadequate price, and in
quantities much in excess of that
fixed for a single purchaser by the
terms of that act, and that the terri
tory has received the money so OBJ
tanned The defendants take the
ground that the United States by said
act and the locations or designations
made as therein provided, definitely
and completely parted with the lanC
which is the subject of these suits
and now has no interest in it on
which 1t can maintain this action
Further, they declare that even i
the existence of the cause of actor
and the interest of the United State!
in il be granted yet the territory OF
New Mexico is a sovereign body pol
itic and cannot be sued except as con
gress may by law authorize suits tC
be brought against 1t, or that, II 1
can be otherwise sued, il can only b'
I'm the supreme court Of the United
States. as a state Of the union nigh
That the United States could, il
the proper forum, maintain THIS ac
tion against New Mexico II the lat
ter We're a state, ana otheI IaS t,s
lated to its subject matter and IN
other parties to il. as set forth in IN
bills Of complaint is i'm my opinion
established by United states Versu
Michigan, 100 u. S. S79. II Is tru
that the trust relation there declare
To exist. rests in part on ground
which are not duplicated IN thes
cases, but they are not, l think, IN
ones which We're essential to the con
clusiou reached. BY the act OF Jun
81. 1898, congress granted TO IN
territory Of New Mexico certain land
specified and others Of specified quan
tities to be selected later under IN
=: DIVISIONS of the act and . percent q
the proceeds Of the sales Of publ
lands within the limits of New MeS
leo the eafJer to- be made by IN
United States for divers publ
works and benevolent and education
al purposes. Various beneiiciaries
specific portions Of the grant wei
named, most Of which were not the
iu existence, but We're, presumabl
10 be created from the proceeds
the grant thus made, among thel
being an asylum for the insane, a
asylum for the deaf and dumb, con
mon schools. normal school mil
tary institute. am agricultural COLES
and a university. II was provide
that no par, Of the proceeds of lan'
granted for educational purpOs
should be used for the support
any sectarian or denomination
school, college or university, that &c
tain Of the lands should be leas'