Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-03-18
HOUSE RESOLUTION NO. 9.

Your Special Committee appointed by
the Speaker of the House of Repre-
sentatives of the Thirty-seventh Legis
lative Assembly Of this Territory I'M
der House Resolution No. g. 'to exam
inc into the truth" Of certain alleged
unlawful acts" of the Governor, re.
specting the disposition of certain
lands belonging to this Territory. beg
leave to make the following report:
The matters contained in said reso.
lutions as to which your committee
was required to investigate, briefly
stated are as follows:
Whether the Governor, without the
knowledge and consent of the Com
missioner of Public Lands Of this Ter
ritory, procured from the office of such
commissioner, and delivered to w. s.
Hopewell, general manager or agent
|of the Pennsylvania Development
Company, certain deeds conveying to
said company seven thousand Or more
acres of timber lands belonging to the
Territory, in the Manzano Mountains,
in the County of Torrance, at tine
price of three dollars per acre;
whether said Governor, during the
absence of said land commissioner,
also procured from the Office OF such
commissioner, who under the law is
the custodian thereof, the official seal
of said officer, and unlawfully affixed
such seal to said deeds conveying said
lands; whether at the time Of affixing
said seal and delivering said deeds, the
Governor accepted from said Hopewell
check for large amount Of money
as the price of said lands, made pay
able to the Governors order, and af-
terwards by him deposited to the
credit of said commissioner: whether
the said commissioner has continu-
ously declined to accede to the re,
peated demands of the Governor TO
distribute the proceeds of said check
to the credit of the several Territorial
institutions; whether said commits
sioner is holding the proceeds of said
chqck intact as separate deposit, civ,
ing as his reason therefor that said
lands were disposed of by said Gov
ernor in violation of the Act of Con
gress, approved June 2l, 1898;
whether said lands were disposed OF
in violation of law. and the price re-
ceived therefore inadequate, said
lands being worth as claimed twenty
five dollars or more per acre on ac-
count of the valuable timber thereon,
and whether the several Territorial
institutions, in behalf of which said
lands had been selected, were de.
frauded OF their rights by virtue OF
the low price at which they were so
sold?
Your committee has had under con
sideration the matters submitted to 1t
under said resolutions and has exam
ined the following witnesses; Hon.
A. A. Keen, the commissioner OF pub
lie lands; Frank w. Shearon, clerk to
said commissioner; Colonel W. S.
Hopewell, Hon. w. G. Reid, the attor
ney general Of the Territory, Hon
Morgan 0. Llewellyn, the surveyor
general of the Territory, and others
whose testimony is attached to this re
port, and your committee has also ex
amined a very considerable amount OF
documentary evidence, which has been
submitted to it.
| From the testimony adduced, We
| find the following facts:
| On October 10, 1901, Hon. w. II
Andrews, through his agent w. S
Hopewell, on behalf of the Pennsyl
vania Development Company, a cor
poration, applied to the Board of Pub
| lie Lands of this Territory, consisting
of Hon. NJ. A. Otero, governor; E. l.
Bartlett, solicitor general, and A. A
Keen, commissioner OF public lands
to purchase ten thousand, or more
acres Of timber lands in the Manzanc
Mountains in Valencia County (noN
Torrance County, belonging to the
Territory at the price Of three dollars
per acre. The board held that it hat
no legal right to sell the lands to any
one person in view OF the law thai
prohibited the sale Of more than q
quarter section to any one person, cor
poration, or association of persons, bu
1t agreed to sell to Mr. Andrews, an(
his associates the land applied for, fol
cash at the price of three dollars pei
acre in tracts of one hundred ant
sixty acres to each individual, pro
vided applications were made before
the regular meeting of the board IL
December, 1901.
| In December, 1901. Mr.. Andrew!
and his associates appeared before tn,
4 board, by w. s. Hopewell, and aske(
an extension of time to apply for tn,
ten thousand or more acres in tract
Of one hundred and sixty acres, an,
deposited with the board as guaran
tee of good faith twenty-five hundre,
dollars, said twenty-five hundred dol
lars to be applied in part payment 70
the lands that he and his associates
! intended to apply for, and purchas
in the locality named
:. In June, 1902, Mr.. Hopewell ap
peared before the board and made az
!, plication in the name Of himself an,
four others to purchase eight hundre,
acres Of this land in township north
range east, and township 8 north
range s east, with the understanding
that the poor lands were to be takel