Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-21
Judge Abbott Rules United
States Has Right to Inquire
Into Disposition of Timber
From Institutional Lands.
TEXT OF INTERESTING
RULING ON QUESTION
Contention Of Defense that
Terfitoy as Sovereign Power
Cannot Be Sued, Dispfoyed
by the Court,

As announced yesterday in the
Morning Journal, Judge Ira \. Abbott
presiding In the Second district court
has returned an opinion in which no
oVerrues the demurrer To the COM
plaint of the United States against
the Territory OF New Mexico, the
American Lumber compa ~. ct al. iu
which the government So ,ils to COM
pei the territory To make an account
ing for timber sold from certain in-
stitutional lands, 10 the defendant
corporations. and which the complaint
of the government AYERS. the territory
had no right To sell. The demurrer
which was argued at length some days
ago before Judge Abbott, was brought
by attorneys for the defense, the Ter
ritory of New Mexico aud the corpora
tions. on the main ground that the
territory as a sovereign power could
not be sued I'm a United states court
without the consent of the territory.
and that the United States having
passed title 10 the land. had no legal
right to inquire into the disposition
made Of the timber off such land
In the argument on the demurrer.
the territory was represented by At
torney General A. b. FAN who made
a strong argument for the suprem-
acy OF the territory in conducting the
management of the timDcr ands IN
question. Attorney r. w. Dobson of
Albuquerque. appeared for the Amer
lean Lumber company. while the gov
ernment's side % he case was pre-
sented by Special Assistant Attorney
General Ormsby McHarg. who lp-
peared alone and for whose argument
the ruling by Judge Abbott Is a Do
cided victory since his contention or
the governors right to bring the
suit and also Of the jurisdiction Of tte
United States court to hear the case,
is sustained throughout
The case, It is understood, may go
to the supreme court of the territory
on the demurrer, OF il may proceed
to a hearing on its merits. II is n
matter of such importance that the
full text Of the courts ruling is given /
below:
Territory of New Mexico Second Ju-
dicial District. In the District Court
for the Trial of Causes Arising I'M /
der the Constitution and Laws of
the United States.
The United States vs.. The Territory |
Of New Mexico and The American /
Lumber Company; No. ..
The United States VS.. The Territory
of New Mexico and The American I
Lumber Company No. 2.
The United States vs.. The Territory I
of New Mexico and Clark Nj. Carr;
No. 4.
Opinion.
Some Of the questions raised In /
.hese causes are of such importance
hat ! think It advisable 10 state my
reasons for overruling the demurres
% the amended complaints.
The essential allegations of the
are that land. which was
granted TO the territory Of New Mex
co by act of congress of June 2l,
40 Na4aN
erms Of that act by the territory.
through its officers appointed for the
purpose; that by collusion between
hose officers and the purchasers, who
ire made defendants, IL WIS sold az a
,rossly Inadequate price and In
Quantities much in excess Of that fixed
or single purchaser by the terms
# that act. and that the territory has
eceived the money so obtained. The
defendants take The ground that the
United States by said act and the To-
ations or designations made as
herein stated provided. definitely and
Ompletely parted with the land
which Is the subject Of these suits. and
low has no interest In 70 on which
can maintain this action. Further.
hey declare that even IL the existence
{ the cause Of action and the interest ,
( the United states IN Il be granted,
et the territory Of New Mexico Is a ,
overeign body polite and cannot be-
ued except as congress may by law ,
uthorize suits Co be brought against ,
:, or that, IL it can be otherwise sued.
can only be In the supreme court
Z the United States as a state of the 4
nion might b. sued.
That the United States could Ia
ne proper forum, maintain this acc
on against New Mexico II the latter
'ere state. and otherwise related io
s subject matter and the other par
es To a. as ser forth In the bills of I
Omplaint Is ln my opinion estab-
Continued on Page ?. col - III