The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-03-26

A copy Of the 4Dlank dorm OF appli
cation IS hereto annexed, marked ex,
hfbit @.
subsequently the commissioned o
public lands made but the deeds te
the various parties, but did not exc
cute or deliver the same Deed No
4S6, corresponding to the above appli
cation No. 1876, is in the words fol
lowing, to-wit:
Territory of New Mexico. Deed fol
public lands.
In. consideration of two hundred
and forty dollars, h receipt of which
is hereby acknowledged, the territory
of New Mexico, by it's commissio1e
of public lands of the territory cd
New Mexico, its duly authorized off
Ger, under chapter Ill, laws of 1905
approved March 16, 1905: does here
by grant, bargain, sell and convey I'M
to Nellie D.. Sperry, of Las Cruces,
New Mexico, her heirs and assigns,
the following described water reser-
voirs for irrigating purposes, lands,
situated in said territory, to-wit: The
northeast quarter of section Z, town
ship "a south, of range 6 west N. NJ.
P. NJ.
The same being portion of the
lands granted to said territory under
the act of congress approved Ju1e p,
1898, entitled, IAN act to make GER
tain grants of and to the territory of
New Mexico and for other purposes
containing 100 acres, more or less,
according to the government urvey
thereof.
To have and to hold sal premises
with their appurtenances unto the said
Nellie D. Sperry, her heirs and as
signs forever
Witness the signature and seal of
the commissioner of public lands of
New Mexico. affixed this second day
of January, 1906.
A. A. KEEN,
Commissioner of Public Lands of the
Territory of New Mexico.
Territorial record of deeds. Vol
INT :, page
The and in question is situated in
the county of Luna about eight miles
southeast of the town of Deming.
There is no doubt but that the Ian
is of no use except as grazing land,
unless water for irrigating purposes
can be obtained for use upon it. The
gentlemen who originally applied for
his land control another tract in its
vicinity, from which they propose to
pump water from AN undergrown flow
into bitches which will convey he
water in sucn a. way as to irrigate
the lands it is sought to secure by
purchase from the territory. l know
that their statements in this regard
are correct. The Mimbres river dis
appears just above the town of Dem
ing, and through a comparatively mar
row strip in and below the town itself
it flows beneath the surface. This
flow passes under section 1, township
"a south, range 8 west, (sAow1 as
pumping station lands OF map here
to annexed marked exhibit HI from
which the water is to be obtained to
irrigate the lands applied for.
On the selected lands (see exhibit
H one cannot, 1t is asserted by these
applicants, obtain surface water in
sufficient quantities for irrigation.
The matter was presented to me
first by Mr.. Keen, tth commissioner,
of public lands, soon after l took of
flee, as governor, and, after consider
ing the matter, we decided that under
section 10 of the act of congress-, of
June 81, 1898, providing that mot
more than one quarter section of land
shall be sold to any one person, cor
poratio1 or association of persons
the matter should not be consummat-
ed until after referring the mole case
to you for your approval, and l have
given instructions that the deeds be
not delivered. This 1 especially be-
lieved to be the case in view of the
recent decision of the department in
regard to pasturage permits.
Messrs. Holt, Gales and Delama-
ter appeared before me and presented
their case, saying that they had gone
to great expense in preparing their
pumping plant and in asking their
arrangements for the securing Of peo-
pie to occupy and cultivate the lands,
that they nad every reason to rely
the power of the territorial gov
eminent, to enter into the contract
which they have ~proceeded; that
they believed such contract to be le-
gal and in conformity unto the laws,
and that they have throughout acted
in perfect good faith.
Mr.. Prichard the present attorney
General of this territory who was a
member of the United States lane
commission to which this matter was
presented a1d by which it was sane
has under date of February
End given Mr.. cen an opiIfon sup
Mr.. Holt and his association
n their view of the matter. "a copy
Of which is hereto annexed marked
L.
They admit that only a few of the
parties making application for the 160
acre tracts are actually the ones who
will occupy the lands, but say that
intend to urn over the lands to
actual occupants at not more than
50 per acre. and that they will make
heir profits out of the sale of the
water. Messrs. Boaham & Holt in
/ letter to me dated February 2 "a
copy of which is annexed marked ex-
libit j present their point of view
intimate hat if the contract is
lot carried out and the deeds deliver
ID they will have to the
courts and that mandamus will lie
against the territory to compel the
delivery of the deeds. {
1 have he honor to ask for our IL
in this matter. {
l am, sir,
Your very ~obedient servant, F:
H. ]. HAGERMAN, II
Governor of New Mexico"
EIi-- Lot e.