Bisbee daily review., 1907-10-25
TIMBER CASES POSTPONED IN
 NEW MEX.
Rumor That Almagordo Lum- Der Company Would Close Its Mill As Result of Suit Is Declared Untrue,

AIAMoGoRDO N. NJ. Oct. 24.-- The three cases on the United States civil docket, in which the United States is plaintiff. and the Alamogor- do Lumber company, the Pennsylva- mia Development company and Cross, which cases were filed by ormsby McHarg and Peyton Gordon on be- half of the government, the hearing of which were set for yesterday be- fore Judge Mann, have been post poned by agreement of counsel. In these three cases the government seeks to have the defendants enjoin- ed and restrained from cutting any more timber from the lands now in their control. the Alamogordo Lumber company's land being situated in Ote- TO county, and the land of the other two defendants being in Torrance county. and which it is alleged is unlawfa1ly in their possession. The date of the postponed hearing has not yet been fixed
 Rumors have been published in Fl Paso and elsewhere to the effect that the Alamogordo Lumber company would close down its plant as & re suit of the litigation now pending This is semi-officially denied and a number of interesting facts in connee- tion with the timber land in question are given in the following letter from Alamogordo to the Fl Paso Herald:
 AI4AMoGoRDo Oct. 22.-The ru- nor published in Fl Paso that the | Alamagordo Lumber companys mill | all x,YI gation instituted by the United States | to revoke the sale of 20,000 acres of timber tract involved was sold many years ago by the territory to this company through its agent, A. Flaw kins. at S3 per acre, which was as i high a price as the territory has re ceiyed from any source. Other tracts in the same region have gone uBsold for lack of buyers at the same price.
 The lumber company has never cut timber from any portion of this 20.- 900 acre tract, operations having been confined to 30.000 acres acquir- ed with government land script, con corning which there is no contest: and to lands bought from the territo- ", but at present operations are not in such timber
 Hearing of the application for an in junction has been postponed.
 | The proposition of the lumber com pany to deed all land previously cut over to the government for reforesta- ton and to cut on the 10000 acres in question only such timber as the for. esters decide should be cut, as ma lture, is a most liberal one.
 l It is proposed to leave all timber of sizes which forest reserve officials usually keep off the market when selling timber from a reserve, burn Eall brush and waste. under the super. vision of the foresters, and deed all land from which timber is so cut, back to the government for national forest
 This proposition was formally made by Attorney W. A. Hawkins, for Phelps, Dodge & c.. or the Alamo gordo Lumber company, several months before the recent suit was in stituted by the departmnt of justice, which claims that the territory should have held for a higher price.
 The proposition of the lumber com. Dany has met with favor from the forestry bureau; and as revoking the sale would cali for refunding by New
 Mexico of s75,OO0 to the lumber com. pany, which money has gone to the creation of territorial institutions and their support, like the blind institute I aI AIamOgOrdO, IrE gUvernmeIT VIII probably dismiss the suit and accept the lands offered under these condi- tions.
 The Cloudcroft reservation is not Involved in the litigation. being com lposed of homesteads bought from owners, with cash, through R. H. Pierce of Alamogordo. acting for the Improvement company, and perhaps a small quantity Of the land was ae- quired by government script.
 Fl Paso owners of homes on the C1oudcroft reservation need have no fear of any contest applying to their holdings