Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-07
CONGRESSIONAL DOCUMENT HOLDS
SOME STRIKING AFFIDAVITS
Setting Forth the Apparently Varying Ideas of Mr. Holt of
the Purchasers as to What Constitutes Bona Eide Trans
aCtion-FrendS Used to Make Application So as to Com
ply With Letter of the Law.

| to the territory Of New Mexico, en-
tered into March II, 1905. by A. A.
/ Keen, commissioner of public lands
| for the territory, and Bonham and
/ Holt. for themselves and associates
! Mr.. Holcomb's report shows that the
various applicants for the lands de-
scribed in this contract for purchase
signed said applications at the request
of Mr.. Holt and that they likewise
executed deeds transferring their in
terest in the land, when it should be
acquired, to J. $ Delameter. as trus-
tee. This is verified by the written
admission Of Mr., Holt, which accom-
panies the report as an exhibit. |
think it is clear from the recitals in
the report that the agreement be-
tween the parties thereto was an at
tempted evasion OF the provision Of
the act of June II. 1898. which di-
rects that mot more than one quarter
section of land shall be sold to any
one person, corporation or associa-
ton of persons and that if the sale
is consummated it would be violative
Of said provision. The legal title to
the lands has, however, passed out
Of the hands of the United States, and
there Is no administrative jurisdiction
that this office can exercise in the
pfa mlses. but in the oAnhln Of tae
assistant attorney Of February g. 1906.
THE general supervisory powers
and duties devolving upon the secre-
tary of the interior with reference to
the territories by virtue of section 442
of the Revised Statutes. are such that
it is the duty of that officer to cause
to be investigated any seemingly well
founded allegation of substantial ir-
regularity in the administration of the
grant, to the end that if such irregu-
laritv be not within the correction Of
this department, then that the investi-
cation may enable the secretary Of
the interior to make such report to.
congress in the premises as may fully
advise that body.
Il have, therefore, and in accord
ance with your direction to submit
said report, with accompanying pa
pers, for your consideration and such
action as you shall deem appropriate.
Very respectfully,
"W. A. RICHARDS.
commissioner"
The secretary Of the interior, under
date Of May 4, 1906, transmitted this,
letter Of the commissioner. substan-
l, 4.
the report Of Mr. Holcomb, the in
spector, TO the house of representa-.
tives, where it was printed as house
document No. $50.
The report of Mr.. Holcomb follows,
there being omitted those sections re-
lating to legal points and opinions
which make the report of great
length, all salient features of the re-
port being used
April "a, 1906.
"To the Honorable Commissioner,
General Land Office:
Sir | submit herewith my report
of investigation made pursuant to
your instructions of March 23, 1906,
involving a contract for the sale Of
lands entered into between A. A.
Keen. commissioner of public lands
for the territory of New Mexico and
Bonham and Holt, attorneys, for
themselves and associates, dated
March IL. 1905 on or about
September 3, 1904, Messrs. Bonham
and Holt of Las Cruces. n. NJ, for
themselves and associates, presented
to the commission of irrigation of the
territory of New Mexico an applica-
ton for the recommendation of the
selection for purchase of 9,971.27
acres of land (here follows descrip-
tom. and offered to pay for said
lands the sum Of $3.50 per acre and
to advance such sum of money as
might be necessary to defray the
! costs and expenses incident to the Sc
lection of the lands. Acting upon
said application. the commission of
irrigation, at a meeting held Septem-
Der 3, 1904, accepted the proposition
and directed It's secretary to certify
copy Of the proceedings to the
United states land commission. with
the recommendation that the said last
named commission approve of same
and make selection OF the lands de-
scribed in the application, but that no
entry thereof be made at the local
land office until satisfactory evidence
was produced by the applicants that
the money was ready to pay for the
land as soon as title became vested in
the territory of New Mexico.
"A copy Of said proceedings was
/ duly certified to the United States
/ land commission December 9. 1904.