Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-09-05

There were some Intensely Inter-
est1ng moments in the court room
today. when Ormsbv McHarg, spec
ial assistant TO the U. S. attorney
general declared that the territory
Of New Mexico. it's officials and the
purchasers of public lands were not
guilty of any actual fraud but that
he only claimed and only charged a
technical or constructive fraud.
This declaration was made by Mr..
HcHarg this morning in the course
OF the argument in the case of the
United States vs. the Territory of
New Mexico. the American Lumber
company, the commissioner of public
lands, former Attorney General Pri-
chard, Chark Nj. Carr ct AL to set
aside. the contracts for the sale Of
,scetfain territorial lali6ls: -s+-
II came In the shape Of the fol-
lowing colloquy;
MIR. ORMSBY MHARG, AID
DRESSING THE COURT: II RE-
GRET EXCEEDINGLY THAT ANY
OF THE OFFICIALS OF THE TER
RlTORY FEEL THAT l WAS AC-
CUSlNG THEM. IN THIS COM
PLAIHT' i'I SIMGLY OR CoLLEC-
CusING FRAUD ON THE PART
OF THE TERRITORY"
BY MIR: FALL: "As I UNDER
STAND IT, MIR. M'HARG, YOU DO
NOT CHARGE ANYBODY WITH
ANY CRIMINAL FRAUD?"
BY MR.. MHARG: mo, AND AS
! SAID YESTERDAY. l DO NOT
BY THE COURT: cTo MIR.
MHARG). Il SUPPOSE THAT THE
FRAUD YOU CHARGE IS PER-
HAPS LEGAL RATHER THAN AC-
BY MR.. M'HARG: YES, YOUR
HONOR HAS IN MIND WHAT 1
WOULD LIKE TO STATE ABOUT
THE VIOLATION OF A STATUTE"
BY MIR. FALL: "CoNSTRUC-
TIVE FRAUD, you MEAN"
BY MIR. M'HARG: YES, PROB
ABLY CONSTRUCTIVE FRAUD
GROWING OUT OF THE VIOLA
T1ON OF A STATUTE"
Despit the fact that some papers,
and some individuals have been
heralding it broadcast that there were
many serious land frauds In this
territory and that they were being
in large numbers, it |
will be seen from this that nothing
but technical or constructive fraud |
is alleged by the government and |
that the territory the territorial Of |
icials and the purchasers are exoner- /
ated from any Intentional violation /
Of the law or moral perVersion.
1t renders more clearly what At /
,orney General Fall meant when he |
said that he did not believe that /
here were any land frauds in New
Mexico but If he could be shown |
hat there were, he would give every
assistance i'm his power to aid in
prosecuting those who We're guilty Of
The hearing of the arguments on
he demurrers in the cases Of the
United States versus the Territory Of
New Mexico. M. A. Otero. A. A. Keen,
George w. Prichard, the American
lumber company and Clark NJ. Carr,
VAS continued this morning before
Judge Ira A. Abbott, sitting as Uni
ed states Judge in the second judi
,ial district court.
In concluding his argument this
morning. Assistant L. S. Attorney
General McHarg stated that the term
nents was merely technical term
md did not necessarily convey the
'dium which the dictionary definition
" the word implied. He said he
Used the term to define certain ac-
ions as were adduced by the eYi-
Ience OF fraud. He discussed at
ength the character of the contract
ntO which the territory and the
american Lumber company had EN-
cred for the sale Of standing tim
er and maintained that these con-
racts seemed to be drawn up with
he idea OF evading the law He
eitcrated his statement Of yesterday
hat the sale Of standing timber on
inds which We're essentially timber
lnds was equivalent 10 the actual
ale Of the land.
Does Not Claim Fraud.
He said that he did not accuse the
-rritory OF fraud and made no other .
rlminal accusation against the ter
tory, but that this was a civil suit
y reason that a United states statute ,
ad been violated whether intentions I.
lly or not. He earnestly affirmed
lat II was not his Intention to resort
, any sharp practice In the case and