The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-03-09

went for 50 an acre; and II was this
provision sought 70 be violated In the
Bonham and Holt deal, III which II
was sought to acquire 5000 acres Of
the territory's lands at $50 an acre.
In his letter transmitting the re
port of the investigator to the secre-
tary of the interior, the commission
er of the general land Office, Mr.. Ricn-
ards. says:
Washington, April &c, 1906.
To the Honorable Secretary of the
Interior:
Sir: Pursuant to your instructions
of March 10, 1906, and with your ap-
proval March %. E. P. Holcomb was
detailed to investigate and report to
this office in h matter of a contract
for the sale of certain lands belong
ing to the territory of New Mexico.
entered into March IL, 1905, by A "A.
Keen, commissioner of public lands
for the territory, and Bonham and
Holt, for themselves and associates.
Mr.. Holcomb's report shows that the
various applicants for the lands de-
scribed in this contract for purchase,
signed said applications at the re-
quest of Mr.. Holt, and that they like
wise executed deeds transferring their
interest in the land, when it should
~ >os ~ e. ~ do
trustee. This is verified by the writ
ten admission of Mr.. Holt, which ac-
companies the report as an exhibit.
think it is clear from the recitals in
the report that the agreement be-
tween the parties thereto was an at
tempted evasion OF the provision of
the act of June 81, 1898, which di-
reefs that not more than n quarter
section of land shall be sold to any
one person, corporation Or association
of persons and that if the sale is
consummated it would be violative of
said provision. The legal title to the
lands has, however, passed out of the
hands of the United States, and there
is no administrative jurisdiction that
this Office can exercise in the premis-
es, but in the opinion of the assistant
attorney of February 9, 1906
The general supervisory powers,
and duties devolving upon the secre-
tary of the interior with reference to
the territories by virtue of section
442 of the Revised Statutes are such
that it is the duty of that officer to
cause to De investigated any seem
ingly well founded allegation of sub.
stantial irregularity in the admins
tration of the grant, to the end that
if, such irregularity be not within the
correction of this department, then
that the investigation may enable the
secretary of the interior to make such
report to congress in the premises as
may fully advise that body
Il have, therefore, and in accord
ance with you direction to submit
said report, with accompanying pa
pers, for you consideration and such
action as you shall deem appropriate
Very respectfully,
"W. A. RICHARDS,
Commissioner"
The secretary of the Interior, under
date of May 4. 1906, transmitted this
letter with his recommendations and
the report of Mr.. Holcomb, the in
spector. to the house of representa-
tives, where it was printed as house
document No. $50.
The report of Mr.. Holcomb follows
there being omitted those sections re
lating to legal points and opinions
which make the report o great length
all salient features of the report be
ing used:
ITO the Honorable Commissioner
General Land Office:
Sir: | submit herewith my repor'
of investigation made pursuant tC
your Instructions of March %, 1906
involving a contract for the sale o
lands entered into between A. A.
Keen. commissioner of public lands
for the territory of New Mexico and
Bonham and Holt, attorneys for then
seles and associates, dated March II
1905 = i 3 On or about Sep
TENDER 5. 1904, Messrs, Bonham ant
Holt, OF Las Cruces, N. NJ, for them
selves and associates, presented tC
the commission of irrigation of the
territory OF New Mexico an applica
ton for the recommendation of the
selection for the purchase of 9,971.27
acres of Ian (here follows descrip
tiO1), and offered to pay for sale
lands the sum of $3.50 per acre and
to advance the sum of money as
might be necessary to defray the costs
and expenses incident to the selection
of the lands. Acting upon said appli
cation, the commission of irrigation
at a meeting held September 3, 1904
accepted the proposition and direct
ed its secretary to certify a O Of
the proceedings to the United States
land commission, with the recommen
dation hat the said last named com
mission approve of same and make
selection of the lands described in
the application, but that no entry
thereof be made at the local land Of.
flee until satisfactory evidence was
produced by the applicants that the
money was ready to pay for the land
as soon as title became vested in the
territory of New Mexico.
"A copy of said proceedings was
duly certified to the United States
land commission December 8, 1904.
At a meeting of the United States
land commission held December 5,
1904, the proceedings of the irrigation
commission were ordered spread upon
the minutes n the locating agent
was instructed to locate the lands
uDOQ the ground hut not tO make