Daily Arizona silver belt., 1907-09-08
BIC FIGHT ON
 IN NEW MEXICO
Clash Between Territorial Officials and Federal Investigators Imminent-In- dictments of Ex-Oficials for Land Grating Are Anticipated.

l with keen interest the outcome of ap- parent conflict between territorial and federal officials. Attorney General A. B. Fall has resented the presence in | New Mexico of a score of special gov ernment agents, at the head of whom is Special Assistant Attorney General Ormsby McHarg of Washington
 The first intimation that harmony was lacking between the two sets of officials came to public notice the day of the inauguration of Governor George Curry, August s. At that time Attor- ney General Fall, who delivered the address of welcome on behalf of the people of New Mexico, was especially bitter in his denunciation of the spe- ,, cial government agents. Among those who heard this address was First Assist ant Postmaster General Frank II. Hitch cock, who was the special representative of the president.
 It is reported that upon the arrival few days later of Secretary of the Interior Garfield he was personally in. formed by Mir. Hitchcock of the re. marks made by the attorney general, and the secretary, it is said, intimated ! to Governor Curry that he did not ap- prove of MT. Fall for attorney general and that he did not think he should be appointed. Notwithstanding this, Fall was given his commission.
 A few days ago in an interview at Fl Paso, Texas, the attorney general again denounced the federal special agents, whom he is reported to have called spies. He said that New Mex l ico is well able to take care of her own affairs He even predicted that the evidence is insufficient in the suits brought by the United States against the American Lumber company. cor l poration owning thousands of acres of valuable lands in the territory, which l it is alleged were acquired fraudu. lently, the law stating that the lands in question shall be disposed of in tracts of not more than 160 acres to any indi. vidual. The attorney general eontended that the lands had been given to the ! territory by the government and that they were therefore the property of the territory unconditionally. He stated | that, so far as he knows, no timber frauds have been committed, and, while admitting that some evasions have been l praeticed, no cases like those in Oregon have occurred, he thinks.
 Nevertheless the special agents have ! Ina,, receive additional instructions from Mir. MeHarg, who has just had con ference with President Roosevelt and Attorney General Bonaparte. His trip east was made at the special request of the president, who was desirous of learning the status of the alleged il- legal land transactions in this territory. It is understood that MT. McHarg re- eeived instructions from the president which will result in renewed activity in the investigations of territorial af- fairs, which has already resulted in the summary removal of several high off, cials.
 It is an open secret that the federal grand jury, which will meet in Sep tember, will return indictments against a number of territorial officials and ex- officials, the officers of a railroad com pany and several other corporations and prominent citizens.
 | The gauntlet was thrown down Fri day to Special Assistant Attorney Gen eral McHarg and F. Peyton Gordan by Fall, when demurrers were filed in the land cases now pending in the sec ond judicial district court of the ter ritory, which were instituted by Messrs. McfIarg and Gordon, and are entitled: "The United States of Amer lea vs. the Territory of New Mexico, and others" If the demurrers are overruled the suits will undoubtedly be carried to the United States supreme court for final decisions. It is the be- ginning of legal battle without par. allel in the territory and perhaps with out precedent.
 Clark M. Carr, Miguel A. Otero, for mer governor of New Mexico; George w. Priehard, former attorney general and Alpheus A. Keen, former commis- sioner of public lands, as well as the lumber company, are made parties de- fendant to the suits. If the demurrers are sustained, this would practically mean the putting to rout of the gov ernment's s agents and the ending of the federal investigation.