Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-19
MACHINES LAST BATCH Of
FIREWORKS IS EXPLODED

compelled to reimburse Mr.. Hopewell
and his associates in the amount of
such prior payments, could not and
did not remove the congressional pro-
hihition above referred to, or over
come the resultant insurmountable
legal obstacle. ana constituted no de-
fense or Justification for the unlawful
act OF the governor II would have
been simple matter for the governor
IN the case under discussion. had he
desired to be consistent, to have taken
the same position which he took in
the Honham and Holt transaction re-
ferred to in the testimony and To have
recommended legislation by che pres
ent assembly,. whereby the territory or
the several institutions to which the
prior payments referred to have been
distributed. could be authorized to re-
fund same Similar action has been
taken by said assembly in the matter
of reimbursng several territorial in
stitutions on account of proceeds de-
rived from the sales of their lands
held To have been Improperly eXpend-
ed for the purpose of defraying The
expenses incident to the location and
selection of such lands
ne ItpbIl llltH III INNtthS III an "a
fort to show that since the board of
public lands had been abolished be-
fore he became governor, Governor
Hagermau had nothing to do with the
affairs of that board and therefore
had no right to atfiX his seal to any
document. Then follows a lengthy dis
cussiOn of the report of f.. p Hol-
comb Of the general land office upon
the PENNSYLVANIA Development COM
pany deal. and a comparison of that
deal with the Bonham and Holt at
tempted transaction, in which the re-
port shows Mr.. Holt and associates
as positive benefactors of the terri
tory In this connection the report
says. "It may be stated that in this
last named case, there was a more
liberal compliance with the law at
every step than in the case of Hope
well ana others. BOnham and Holt,
employed as and acting solely In the
apacity of attorneys, applied for
themselves and associates to have To-
Gated and selected for purchase APP
proXimately 10000 acres of dry graz
ing land, having practically no value
being without water: whereas, the
lands applied for by Hopewell and as
sociates are valuable timber lands
and Holt and associates proposed to
reclaim dry grazing land by supplying
them with water previously appro-
priated upon patented lands owned by
clients Of Bonham and Holt while il
IS apparent the HOpewell applicants
intended to cut the timber off theil
lands In one case worthless lands
were tu be made Nasuable In the
other case valuable lands We're to be
made practically worthless
The report then goes on to set forth
that while the governor was willing
to deliver the deeds to Hopewell, he
was not willing to consummate the
Bonham and Holt deal The repor
! does not dwell at any length upon the
/ difference between the deeds in th'
/ two cases, the Pennsylvania Develop
ment company deeds having beer
signed, and most Of them sealed; the
! Bonham and Holt deeds being un
| signed column is devoted to the
/ testimony of one Frank w. Sheron,
/ clerk in the office of Land Commits
| sioner a. A. Keen. The report shOW
/ that the governor required Sheron tC
/ get all the papers in the case out o.
! the office of the commissioner, as wei
as the seal The report gives the Inn
preston that the governor took the
seal away from Mr. Sheron by force
| An interesting paragraph of this por'
ton of the report is as follows
"The clerk subsequently made
written statement embracing the fact
of the transaction to the United state
Iattorney of New Mexico, Major w. II
lLlewellyn. who requested such state
ment."
The report does not state what Ma
ior Llewelyn wanted with this writer
statement. 1t has been frequently ru
mored that charges have been filed II
Washington against Governor Hager
man i'm connection with this LAM
transaction. but Major Llewellyn ha
frequently denied and in at least on
newspaper interview has stated ina
he never filed any charges agains
Governor Hagerman and that he neVe
knew of any charges having bee
fled So that the taking of this writ
ten statement could not have been 70
this purpose.
The report then goes on to stat
that the governor, when he heard q
Sharon's having made Il written state
ment to LleWellyn, sent for the cler
and gave evidence of being very an
gry. The report says that the governo
called Mr. Sharon a -- dirty so
gun. "and continued to curse an
abuse him for the course of tftee
: minutes. 1t has been intimated tC
night since the report came out tht
the time may have seemed longer
Mr.. sharon than it really was, If In
deed the incident occurred in IN
manner set forth. This VIII probabl
: become a question of Vcracity betwee
Mr.. Sharon and the governor, shoul
? laa. I,f atiA A
port proceeds
: "Your committee deems ii worth
p of note that Notwithstanding the Il
suance of a subpoena directed to Coy
! ernor Hagerman, under authority COZ
: ferred by the provisions of 1890
. 1896. inclusive of the compiled law
which was duly served upon said go'
} ernor that official refused and faile
to obey same and declined to give ~
e. testimony before said committee III
e. der oath concerning the subject ma
E ter of the inquiry.
' ''Why the governor should ha'
been so anxious to convey the land r
+ ferred to. to Hopewell and others WI
q he should usurp the function of II
!, commissioner of public lands In tn
: officers absence; why he should tai
the seal of the commissioners Off
and himself affix the same to Il
. deeds referred to'--this and ha
- column more Of questions. the cor
mittee answers with this statement:
"The committee does not pretend
: say" Then follows lengthy expos
y tion of the legal phases of the case
: which an attempt Is made to discret
e the opinion of Attorney General Re
! upon which the governor deliver
It these deeds to the PENNSYLVANIA d
= velopment company. The report clos
d with a lengthy statement to show tn
l. the governor usurped the powers
e the commissioner of public lands.
Is going to confirm that single fact, IN