Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-25

erwise. consent has been given that
the said territory may be sued herein
g That the relations of the United
states Of America and Its territories
are such that questions which mhA
arise between them are not Judicial,
but political. determinable aud re
lievable by congress and sthe political
branches of the general government
but not capable Of adjudication be
tween the general government and its
territories Ia the courts
& That, II sued la its sovereign ca
pacity the Territory OF New Mexico.
like a state can only be held 60 an
swer bY original action in the au-
preme court of the United states
4 That the Territory Of New Mex
leo is organized, created and eonah
uted with lawful functions only aud
il Incapable Of doing things which ar"
unlawful. In Itself, that to charge that
the Territory OF New Mexico. having
none but lawful powers and capacity
TO do lawful things, has unlaWinliS
conspired as set forth IN the com
plant. is to charge an absurditN re
pugnant 10 the law and impossible ot
being true
s. That the Territory of New Mexico
as such cannot have eonspired unlaw-
fully or otherwise. having no capac-
spire, but when they do SO they cease
To represent or bind the Territory 81
New Mexico but the complaint here
In attempts To charge the Territory OF
New Mexico with fraud and CON
spiracy.
8 That the court has no jurisdiction
Of the subject of this action.
10 That the plaintiff, the United
states of America, has no legal ca
pacity to sue herein
II. That this defendant is not, noI
are the defendants George W
Prichard, as attorney general of the
Territory Of New Mexico" Miguel A.
Otero or Alpheus A. Keen. necessary
or proper PARTIES To complete deter
mination Of any cause of action which
the plaintiff the United states OF
America. may have herein
~ That the complaint does moi
state facts sufficient 10 constitute q
cause of action.
49, That It appears by the com
plant herein that all the lands In the
complaint described We're duly ard le-
pallV selected and that the title
thereto passed out of the United
states 10 the Territory of New Mex
leo, wherefore the plaintiff has nc
cause Of action To demand an account
ing therefor or an Injunction IN re-
money damages on account thereof
but such cause of action, If any there
be, Is shown upon the face Of the com
plaint to pertain to the Territory OF
New Mexico or To the institutions and
beneficiaries of such grant
"A. That said complaint Is contra
Edictory and repugnant TO itself IN set
ting forth. in paragraph y thereof
that the funds constituted by said
h.. aaNH. ga 70 Haf crlt u
territory, and thereafter praying for
Judgment in favor of plaintiff on ac-
count Of the alleged waste and de-
struction of such funds and lands.
Is That said complaint Is brought
by the grantor of property or the
stated creator of a trust as alleged, To
enforce that which the complaint
charaeterizes as trust, and shows on
It's face that the subject OF such al
legged trust had passed from the
plaintiff TO the Territory Of New Mex
leo for the benefit Of certain inst-
! mtions of said territory; that such
action is unprecedented, the groutor %
sfssetay y &. trust hav aE no cause 81
faction in regard thereto. that the
/ right Of action to enforce trust T.
either iu the cestui que trust who has
suffered damage 10y the action OF the
trustee. or hy the trustee to cOfreci
errors III illf liti Afi HiAiA' ~ 'if' - Nfff
los lis agents that the plainlif, as
trustor as It characterizes itself Ia
said complaint Is without any cause
or right OF action in the premises.
10 That IL any right exists IN
plaintiff. the United States OF Amer
lea. 10 declare a forfeiture of alleged
conditions attached to a grant OF
lands. such right is only IN the con-
eress of the United Statee
n That as appears upon the race
of the complaint, the plaintiff has no
interest ia the contract which 1t seeks
10 cancel. or In the lands referred 10
in such contract
Is That the said complaint Is IN
sufficient. vague. uncertain ana I'M
proper pleading. states conclusions OF
law and matter Of argument uud rams
To set forth cause Of action as
against this defendant the Territory
OF New Mexico.
Wherefore. this defendant and It's
attorney general pray Ia be hence dis
missed with costs
ALBERT B. FALL,
Attorney General for the Territory OF
New Mexico, Santa Fe, \. NJ.
r. 9. GORTNER,
Assistant Attorney General OF Counsel.