Albuquerque morning journal., 1907-03-23

f. fNlE uI NIt AfAlAkFAe FfNAA -
that for the time being the delivery of
said deeds should be withheld. and 4
1 beg 10 inform YOU that ! VIII IN
struct the commissioner of pubic
lands of New Mexico To- act in contor-
nifty with your advices.
/ have the honor to be- sir.
Your most obedient servant,
II. ]. HAGERMAN.
Governor of New Mexico.
Honorable =. A. Hitchcock" Secretary
of the Interior. Washington, d. {.
After this letter, in April, 1906.
special agent visited New Mexico III
regard to this matter and the result OF
his investigation is fully set forth IN
/ house document No. 7SO.
/, on May 24th / received another let.
( ter from the honoroble secretary OF
/ the interior. enclosing copy OF let
{ ter dated May 18th. addressed To the
secretary by the Hon. John F. Lacey
4 chairman OF the committee on pubhc
lands In the course of this letter the
/ secretary states that it would appear
from Mr.. Lacey's letter that the com
mttee was loath to consider at that
time legislation looking to the en-,
forcement Of the restive provisions
in the grant of public lands to the
territory of New Mexico made by the
act of June ~ 1898, but, he, the sec
rotary. again advised against the exc
cution and delivery Of the deeds. MI
Lacey's letter is as follows:
Committee on the Public Lands,
House of Representatives, United
States. Washington, d. c., May IL,
1906.
Hon. e. A. Hitchcock, Secretary Of the
Interior Washington. ID. G.
Dear Sir:-YOur communication oi
MAY 4th to the speaker of the house
of representatives has been referred to
the committee on the public lands, and
take the liberty of making some sug'
gestions in reply thereto,
Under the act of congress granting
public lands to the territory of New
Mexico. there was the limitation
quoted in Commissioner Richards let
ter. that not more than one quarter
= section of land shall be sold to any
one person, corporation or association
of persons. 80 Stats. asa.
From this quotation it is very cyl
e dent that it would be a violation OF
the law to sell tracts of more than 100
, acres to any person, ASSOCIATION OF
corporation under the circumstances
= detailed in the report of Mr.. r. =.
! Holcomb which is set out in house.
document No. 7S0, fity-ninth congress,
first session.
Hon a. A. Keen, land Commissioners
Of New Mexico, in his COMMUNICATION
t of March %, 1905. has held that th'
] transaction is an Illegal one, ana re-
- fuses to become a party 10 1t. IN"
! governor Of New Mexico has thus lal
Y not signed the conveyances.
4 For the purpose of this Gommunica-
t ton will ASSUME that tn" transaction
I is a violation of the law and that Mes
Srs Bonham & Holt seek to obtain IL
y tie to land in excess of what they may
q lawfully do under the act OF June Il
- 1895 In your communication to con
- gress YOU assume also this statement lE
D. be true and that the transaction, Nhel
n contaminated would be a violation o
r. the law.
N The communication addressed /.
S you by the speaker of the house there
fore suggests further legislation t
@ prevent the violation of act of 1898
o Reference is made in the communica
q ton to the case of immigration com
Il pany vs.. County of Adams, lOW |. )
o st. II. In that case the swamp liant
n grant had been made to the state o
% Iowa and the Iowa legislature nat
- conveyed a portion Of 1t to Adam
+ county.
" The claim was made that Adam
it county was disposing of it in violation
l. of the terms of the grant The su
r. preme court held that the court
" should not interfere, but suggested tina
ID congress might by revocation or oth
le erwisc enforce the original terms O
}" the grant. This suggestion lS IN IN
nature OF obltef dlctuu ID, anu Con5Iy ~,
= never ,ooH ,h any l,,to tl',or ond coneress poI @