Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-07

At meeting OF the United States land
commission held December 5. 1904.
the proceedings of the irrigation COM
mission We're ordered spread upon the
minutes and the locating agent was in
structed 10 locate the lands upon the
ground but not to make out the lists
nor file them until further instructed.
and 10 report at once to the land
commission the number of acres Sc
lected for Bonham and Holt March
8, 1905, Mr.. Holt of the firm of Bon
ham & Holt, appeared at the meeting
Of the board of public lands. and in
pursuance to the resolution of the
United States land commission. ten
dered certified check to the board of
public lands, in payment for the lands
to be selected. At a meeting of the
board of public lands held March IL,
1895, Bonham q Holt rendered a cer-
tilted check for S1.500, drawn to the
order of the commissioner of public
lands together with a form of escrow
agreement the pertinent conditions of
which were:
THAT upon the approval by the sec
rotary of the interior of the selections
Bonham q Holt and their associates
were to make proper applications for
the purchase of said lands, and that
the same should then be advertised
for sale; that if the price offered by
Bonham q Holt and their associates
was not exceeded By that offered by
any other applicants, each and every
bid Of Bonham & Holt and their assoc
ciates were to be accepted and the
certified check to be received and
considered as covering 10 per cent re-
qured to cover all bids. Said
selections were approved by the sec
retarNof the interior August 23, 1905,
and October II. 1905. and
were duly advertised for sale in two
issues Of the Rio Grande Republican
of Las Cruces and January >, 1906, as
the day named when sealed bids
should be received by the commits
sioner of public lands. Sixty-two bids
were presented by Mr. Holt, embrace
ing all of said lads. NO BID FOR
MORE THAN 160 ACRES, AND
EACH BID WAS SIGNED BY a DIFF
FERENT APPLICANT, AND ALL
WERE AT THE UNIFORM PRICE
OF $3.50 PER ACRE. No other bids
were, received These bids were ac-
cepted. and deeds to the vari-
Gus parties were subsequently pre-
pared. BUT WERE NOT EXECUTED
OR DELIVERED OWING TO THE
DOUBT in THE MIND OF THE
COMMISSIONER AS TO WHETHER
THE SALE COULD BE CONSUM-
MATED WITHOUT VIOLATION OF
THE ACT OF JUNE u. 1898.
Prior to my departure for New
Mexico to enter upon the investiga-
ton [ ascertained from the records
Of this office that a right of way for
reservoir ana pipe lines over certain
lands described in the Bonham Il
Holt application was approved De-
cember 2S. 1904. to the Mimbres
River Water company. the
being George w nela
meter Of Plttsburg, Pa; Alan G.
Kennedy, w. b, Childers, James $,
Delameter and Ed l.. Medler,
Upon my arrival in Santa Fe l
had conference with the governor
Of the territory . and was as
sured by him that l should have ac-
cess to the records. | also
called on the commissioner of public
lands and asccrtained that written de-
mand had been made upon him
March 20, 1906, by BOnham & Holt
for immediate delivery of the deeds, |
and tender made in final payment
Of $l4,419 in fun settlement which |
tender he declined and refused to de-
liver the deeds because he considered |
The contract and agreement a viola
ton OF law.
"On April 3, 1906. | met Mr.. Holt
in the office of the governor. IN |
SAID INTERVIEW MIR. HOLT SPE-
DENIED THE EXIST |
ENCE OF COLLISION OR PRIVITY |
Of INTEREST BETWEEN ANY OF !
THE APPLICANTS, OR THE EXIST !
ENCE OF ANY AGREEMENT BY /
ANY OF THE APPLICANTS FOR /
THE TRANSFER or TITLE AFTER !.
THE SAME SHOULD HAVE BEEN !
ACQUIRED.
Some Interesting AfIidavlts.
ION APRIL 4. 1906, l SECURED
FROM MIR. f. C. DEIENDORF, |
SPECIAL AGENT, THE AFFlDA- |
WITS OF TWO OF THE APPLI- |
CANTS. WHICH HAD BEEN Sc
CURED BY HIM. VIZ: ALBERT j. !
AND EUGENE VAN !
PATTEN. BOTH AFFIANTS MADE |
OATH THAT THEY HAD SIGNED !
THE APPLICATIONS AT THE RE-
QUEST OF MR.. HOLT AND TO
OBLIGE HIM, THAT IT WAS WITH
THE UNDERSTANDING IT WAS A
MERE FORM AND THERE WAS
NOTHING ILLEGAL OR WRONG |
IN IT: THAT THEY DID NOT PAY
FOR THE LAND AND DID NOT EX-
PECT TO HAVE ANY INTEREST IN
TT, AND AT THE TIME OF SIGN
INu THE APPLICATIONS THEY
EXECUTED DEEDS