Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-09

AHEH ~ ID tNNN
80 solf were for THE exclusive use 81
the University Of les Mexico = the
sericuiturai college. and that the act
~ congress provided that Q the
lands - granted 10 these Institutions
1T shall be unlawful 20 cut, remove
or apr ropriafe N any aay any timber
growing upon the lands leased undsf
the provisions n this G = not
more than one section u land shall
he leased TO n enc corporation or
association Of persons. and no lease
shall be made for q longer term than
five years
The complaint then continues
That the aid application and con-
tract entered into between the terri
tory Of New Mexico and Clark u
Carr vas part 81 q plan. scheme ar
rsuxemcnf and agreement while pur-
porting TO be acting for n neueff o.
the territory az New Mexico. which
aid plan. scheme. arrangement and
agreement Ras entered n hf said
defendants for the purpose - de-
frauding the United States ~ America
Of is Interests in and - the land de-
scTfbed In said Application. The same
having been granted ard reserved -
the territory 81 New Mexico for the
pur poses set out in sid act ~ con-
gress above referred %. and The said
lands M funds derived therefrum
having been By the United States ~
America placed Ia trust with the ter
rii0ry II New Mexico a. = trust fund
for the enumerated in sid
acL particularly for the benefit ~ the
territorial university and the terrific
ria agricultural college That
the price agreed Hpon IN said contract
70 be paid By the defendant CLARK N
Carr. TO the defendant TERRITORY ~
New Mexico. was very much less than
the market value 81 the timber ln the
locality where the same was situated
a. the time said contract was entered
into. . . and thar The defendants
a. plaintiff d Informed and be-
iieves aud therefore alleges the fact
TO be. knsN that al the time the said
contract was entered into that the
price agreed upon IN said contract
for the timber intended o. be
Fold under said contract 10 the de-
fendant Clark NJ Carr. was ~ a
market value much IN Excess Of the
price agreed upon ia the locality
where the aid timber VAS az that
time situated.
THAT said instrument ser uut above
Il null and void and ~ no effect and
not binding upon tho plaintiff for the
reason mat II b. IN violation % the
provisions Of the act Of June 81
Isss
Paragraph - Of the complaint
states.
That the defendants. the territory
81 New Mexico. Alpheus 4. Keen aud
Clark ~ Carr. vel knowing that tho
value % sid andsc consisted solely ~
the timber growing thereon. and act
ing contrary to express instructions
from the secretary of the interior. and
after having been fuliy advised. as
shown by the records IN the office u
the commissioner Of public lands. and
after having been fully advised by an
opinion entered IN the minutes nf the
public lands board. furnished by r.. L.
Bartlett. which said meeting was held
on MAY u. ise4. said Bartlett being
then aud there solicitor general - the
territory 81 New Mexico. and he aid
bartlett. then and there advising said
board. the records 81 which said
board are IN the keeping and under
the custody and control II The COM
missioner ~ public lands. that this
board has no right 10 sell timber Feuas
rate from the lands and that tho law
is strictly against &c. said defendant
received the above application
and sntere1 into the foregoing cone
tract iu tho name of the territory uf
Ne~ Mexico. with the defendant
clark 81 Carr"
The complaint then charges cou-
spiracy ~ defraud the United Staics
and further that timber has heen cur
end ~ being cut from said lands. that
the territory has done nothing and a.
doing nothing 10 prevent the Carrying
cut ~ the said fraud and conspiracy
Wherefore. concludes the com
plant. the plaintiff prays hat the
said defendants and each Of them
their servants. agents. employees and
each Of them. be p~crpetually re-
strained and enioined from hereafter
making any claim 10 said premises
and that said defendants q
be- restrained from making
ans transfer. sale or assignment of the
above mentioned contract" and
that an ccoun b. taken hy and under
the direction and order Of this honor
able court. % the logs. timber. and
lumber made from same. aufl
that aid defendants may be- respect
lively dcrrecd 20 pay 20 plaintiff ths
value 81 said logs. timber. etc. o
from the date 81 aid removal and tle
amount received for rents and profits.
with Interest from date OF the receipt
thereof and that said contract
b. held null and void aud that
the same may be- Cancelled and dee
dared nuii and void as having been
inferred into In fraud Of the plaintiff
The complaints ln the two action
following h action against Clark ~
Carr are in terms similar Ca the ahnNt
ave for the addition 81 ~ a otetn
former governor Of New MeNicn "a.
me 81 the defendants
No hearing an the petition Tor
permanent Injunction will De aef unit
the return Of Judge Ira \ Abbott
which h expected within a few days.