Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-05-31
Publication of Presidents
Letter to Hagerman Brings
Out Full Correspondence

MS ! remember. contains no reference
to any of the things | will now outline
to you-things which have a direct
bearing upon the particular transact
ton upon which you forced me out of
office.
When Mr.. Ferguson, delegate to
congress in 1898, secured the passage
of a bill donating and to New Mex
leo, two unwise restrictive provisions
were inserted in the act. This was
due to congressional ignorance of eli
matte and and conditions in New
Mexico. BY one of these, of land
which might be sold, not more than
100 acres could be SOLD to one person
or association, and of ands which
might be leased, not more than $40
acres could be leased to one person or
association. Congress provided that
the lands should be selected by a
commission composed of the COVER
nor, solicitor general n surveyor
general of the territory, and the leg
islative assembly created another
commission, or board, Of the COVER
nor, solicitor general and a commits
sioner of lands, to manage and sell
the lands. These two bodies. acting
in harmony and encouraged by legis-
lative action, from the beginning dis
regarded the restrictions as to the
amount of land to be sold or leased to
one person. Lands i'm large bodies
were leased for grazing purposes, un-
der the guise of pasturage permits,
which were finally declared unlawful
by the secretary of the interior in
1905, but, with the assistance Of the
secretary, | obtained congressional
action to relieve against the embar-
rassment caused by this provision Of
the law.
Lands were also sold so that large
quantities, greatly in excess Of $50
acres, passed to the possession of in
d|ividuals or corporations. Much
money had been invested and large
and f%lourishing business establish
ments had been created, employing
many men, in connection with these
lands, before | became governor.
This was called to my attention al
most Immediately after I became
governor, by Mr.. D~eZendorf, a field
officer of the general land office,
who Informed me that he had made
investigation and reported the facts
to the commissioner of the general
land office. and that he had been in
formed by the commissioner that the
subject was not so clearly within the
jurisdiction Of the land department as
to warrant an extended investigation
by its Officers" In turn, | wrote fully
to the secretary of the interior, on
February >, 1906. In answer, | was
informed, in substance, That the rem
edN, II any could be applied, was
probably only by congressional ac-
tlon, n that Investigations would be :
maze to enable the secretary to re-
port to congress. NO other solution
or remedy has ever been suggested to
me. Certainly the subject does not
9pppgT tD have been found clear and |
simple as a matter of administration,
on February T. l9O6, submitted
to the department for consideration
n applcllon Tor purchase OF raj
are known as the Bonham & Holt
lands. An examination of my letter
will show that presented the case in
the most favorable light possible, al
though have been charged with act
ing in hostility to Bonham & Holt in
this matter. In March was advised
by the secretary of the opinion Of an
assistant attorney general to the eff
rect that Wnlle the secretary YOU'D
not De JustlIled IN directing ihe WITH
holding or the DEEDS YET ne peIleVed
the best interests OF the territory
seemed TO require lhaL Tor the tllhe
being the deeds shoQld De WlihheId'
Upon THIS intImatlon the deeds were
Withheld on the ground that they mad
never been executed, ana the matter
was presented to congress. Mr.. Lacy
stated mat IN TINS case ne thought
that no legislation was needed ana
the secretary, in his letter TO me of
May 24th, said that the house of rep
resentatiNes was loath to consider
legislation looking toward the en-
forcemenl of the restrictive provisions
of the act of June q, 1888. n case
was in no particular like the Penn
sylvania Development company trans
action. Possession of the land had
not been delivered. No land had been
used or wasted by the destruction of
timber or otherwise. No deeds hag ,
been executed or delivered. There ,
were no territorial interests WI fch
had suffered for which it would be
wise TO obtain indemnity. :
In this connection, 1T is tntere ing ,
to note that Mr.. George w. PricI artI =
then attorney general, on Febrl tf} :
., 1906, gave an opinion to the erect Z
that the contract was a legal one and
should be completed, and that, not 4
WtthStanding the severe condemnation 1
you nave visited upon Captain Reid, |
Prichard's successor, for advising the
delivery of the Pennsylvania Develop |
ment company deeds, yet Mr.. Prich-
ard has now been reinStated in the
- e. AAH MANa r sHLW ~ nAN a