Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-09

Actions were filed In United States
court for the second judicial district
of New Mexico yesterday evening. by
ormsby McHarg and Peyton Gordon,
Especial assistants TO the attorney gem
eral of the United States. seeking to
cancel contracts which have been en-
tered into by officials OF the territory
of New Mexico with private indivld-
uals for the sale OF timber on ap-
proXimatcly $4,000 acres of territorial
/ timber lands granted 10 territorial in
stitutions by the Ferguson act Of
] 1898, seeking To perpetually enJoin
. the further cutting Of timber on the
/ lands and to recover the lands and
the timber, also To recover the value
of the timber already cut from said
lands.
The suits. three In number, were
| liled la the office of District Clerk
John Nenablc last night by MIR. Peyton
Gordon, who came TO Albuquerque for
the purpose and who will return TO
Santa Fe this morning The first Of
the suits is entitled.
"The United States OF America VS.
/ the Territory of New Mexico. George
I w Prlchard. as attorney general Of
I the territory OF New Mexico. Alphcus
A. Kean and Clark NJ. Carr. and Is to
recover the timber rights and TO pre-
approximately 1900 acres of land.
the timber rights OF which were con-
tracted to Mr. Carr by the territory of
New Mexico while Mr. A. a. Keen was
commissioner of public lands of the
territory. at price Of $3.50 per acre.
The other two suits are entitled.
THE United States Of America VS..
the Territory of New Mexico. George
w. Prichard. as attorney general OF
the territory Of New Mexico. NJ. A.
Otero. Alpheus A, Keen, and the
American Lumber company, and seek
to recover the timber rights and to
prevent the further cutting of timber
on between thirty and forty thousand
acres of territorial timber lands, the
timber rights on which It Is alleged, !
were Illegally contracted 10 the Ameri- /
can Lumber company by NJ. A. Otero, |
as governor of New Mexico. and a. a. |
Keen. as land commissioner of the ter
ritory.
The complaints in the three suits
are identical and accompanying each |
Of them is a temporary Injunction. |
signed by Judge John r. McFie Of the
First judicial district court, In the /
absence Of Judge Ira A. Abbott from I
the territory. preventing the further |
cutting of timber on the lands In
question until the hearing on petition
for a permanent injunction shall have
been had
The temporary Injunction In the
rase OF the timber sold 20 Clark Nj.
Carr. and which Is Identical I'm all es-
sential details aside from the acreage
involved. with the other temporary
nIunctions. is as follows;
rhe United States Of America. Terri
tory of New Mexico.
In the District Court. Second Judi
cial District Of the Territory Of New
Mexico.
rhe United States OF America. Plain
tiff.
versus
rhe Territory Of New Mexico George ,
W Prichard. as Attorney General of
he Territory of New Mexico. Alpheu,
A. Keen. and clark NJ. Carr. De-
PENDANTS.
on reading the complaint of tho
'nited States of America. nled herein
is hereby tho eighth daN nf August p
-. 1907. ordered that q tempo
AIRY writ pf injunction issue out ~
his court. enioining and restraining +
he said defendants. the Territory OF q
Jew Mexico. George vs.. Prichard. as b
ttorncy general Of the territory ~ e
few Mexico. Alpheus A. Keen. ana j
lark ". Carr. and each nt thtm. %
heir agents. servants. cmpluAes ana q
ttorueyE. and each and every one uI D
hem from making any glalm % the %
remises described aud eoi ont 90 the
AID complaint herein. nr iu amy man 20
er interfering Herewith. nr irssr pass y
ig thereon. 81 Telling removing. or le
any way disposiug thereof hf safe. o.
: otherwise. any logs timber. "r 'thef %
rnducts thereof ur fIfrfli nih. 'I rl
'om making any transfer. -lI". ~ aH- n
gnmcnt 81 the contract uI tErrfmehI rl
lterod into between The territory ui ol
ew. Mexico. George W. FriUhard aH a.
.torney general of the territory OF "a