Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-09-21
COURTS OPINION
ON DEMURRERS
Territory Merely
Trustee for
rAcEc MucT IN IN TRIAL
CASES MUST GO TO TRIAL
Judge Abbott Holds That
Contention of Defendants
Are Not Well Founded.

Tn connection with the over-ruling
by Judge Ira A. Abbott of the Second
Judicial District Court yesterday OF
the demurrers of the defendants to
the suits brought by the United
States VS.. the American Lumber Com
pany, and Clark M. Carr, involving
the sale of Territorial timber lands,
the court handed down an exhaustive
written opinion showing how he
viewed the points at issue. The New
Mexican prints synopsis of the opin-
ion as follows:
Synopsis Of Opinion.
Territory of New Mexico, Second
Judicial District, in the District Court
for the trial of causes arising under
the constitution and laws of the Uni
ted States.
The United States VS.. the Territory
of New Mexico and the American
Lumber Company; No. 2
The United States VS.. the Territory
of New Mexico and the American
Lumber Company, No. 8.
The United States VS.. the Territory
of New Mexico and Clark M. Carr;
No. 4.
Some of the questions raised in
these causes are of such Importance
T IL lyy{c tn @ Of
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 21,
1898, has been sold contrary to the
terms of that act by the Territory,
through it's officers appointed for the
purpose; that by collusion between
those officers and the purchasers, who
are made defendants, it was sold at a
grossly inadequate price, and IN
quantities much in excess of that
fixed for 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 land
which is the subject of these suits,
and now has no interest in 1t on
which it can maintain this action.
Further, they declare that even If
the existence of the cause of action
and the interest of the United States
in it be granted, yet the Territory of
New Mexico Is sovereign body poll
tic and cannot be sued except as con-
gress may by law authorize suits to
be brought against it, or that, If It
can be otherwise sued, it can only be
in the supreme court of the United
States, as a state of the Union might
be sued.
That the United States could, in
the proper form, maintain this ac.
ton against New Mexico, if the lat.
ter were a state, and otherwise re-
lated to it's subject matter and the
other parties to 1t, as set forth in the
bills of complaint is in my opinion
established by United States versus
Michigan, 100, U. s. 379. 1t is true
that the trust relation there declared
to exist, rests in part on grounds
which are not duplicated in these
cases, but they are not, l think. the
ones which were essential to the con
clusion reached. BY this act of June
21, 1898, Congress granted to the
Territory of New Mexico certain lands
specified and others Of specified quan
titles to be selected later under .ne
provisions Of the act and per cent o1
the proceeds of the sales of public
lands within the limits of New MeXi
co thereafter to be made by the
United States for divers public
works and benevolent and education
al UuIpO6cS v dl lOuS lC0 vi
specific portions Of the grant were
named, most of which we're not then
in existence, but were, presumably
to be created from the proceeds O.
the grant thus made, among then
being ain asylum for the insane, al
asylum for the deaf and dumb, com
mon schools, normal school mill
tary institute, an agricultural college
and a university. 1t was provided
that no part of the proceeds of land!
granted for educational purposes
should be used for the support 0
any sectarian or denominations
school, college or university, that Ger
tain of the lands should be LEASED
only and in no larger quantities thai
six hundred and forty acres to ont
(Continued on Page Three)