Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-09
COMPLAINT ALLEGES OFFICIALS
KNEW CONTRACTS ILLEGAL

hNIlN IAl1hkNNhI
The actions filed last night are un-
derstOod to be the first of a series of
similar actions which will seek to ro-
cover on practically all timber lands
which have been sold by the territory
of New Mexico and its officials, from
those lands granted to the territory
for the use of territorial institutions,
under what Is known as the FERGUSON
act, II being alleged that the contracts
entered into for the sale of these lands
or the timber on them, Is in direct vio-
latlon Of the terms of the Ferguson
act, which provides specifically that
no tract from the lands which may
be sold. may be disposed of by the
territory in tracts greater than 100
acres to any single firm, corporation or
individual. and that OF the lands which
may be leased, only 640 acres may be
leased to any firm, corporation or indl-
vidual and then FOR a term of not
more than five years.
In the complaints In the actions
filed yesterday. which are identical,
save for the names Of the defendants,
and the location and acreage Of lands
sold II Is alleged that the territorial
officials, while making neither a sale
nor lease of the timber lands at is
sue. entered into a contract for the
sale Of timber on the territorial lands
chiefly valuable for the timber stands
ing on said lands; that In the cutting
of the timber, such lands we're made
practically valueless by being de-
nuded; that the territorial officials In
making such sales of timber from
said lands, knew that the contracts
into which they entered were In viola-
ton of law. and that they were so ad-
vised before said contracts were en-
tered into.
The complaint in each of the cases
filed yesterday by the special assist
ants to the attorney general cover
more than thirty pages. The gem
eral terms OF the FERGUSON act OF
June, 1898. granting the lands to the
territory, are set forth, showing the
total acreage of said lands 10 have
been l,363,0S0 acres, and the manner
in which said lands were TO be Sc
lected. sold or leased, and the mini
mum prices per acre to be charged
for such sale of lands as could be
sold or such lease OF lands that were
subject 10 lease. The terms of the
Ferguson act are generally familiar
to the people of New Mexico, since
that act has been much discussed, al
most since fits passage by congress,
and particularly since the investiBa-
tlon by the late house of representa-
tives OF New Mexico into the delivery
OF certain deeds. executed by the for
mer administration, by II J, Hager-
man, while. governor of New Mexico,
to the Pennsylvania Development
company. which investigation Is said
/ to have been the direct cause of the
present investigation by the govern
ment into territorial land transac-
tlons
The complaint then sets forth Chat
the terms OF the FERGUSON act OF
June q. 1898, were formally accepted
by an act OF the territorial legislature
OF New Mexico which act created the
commission Of public lands, for the
administration of the lands so granted
to the territorial institutions, and set
ting forth subsequent acts OF the ter
rtorial legislature bearing on the ad-
mnlstratlon of said lands. Paragraph
G OF the complaint sets forth that In
section f6 OF chapter III OF the acts
Of the thirty-sixth legislative assem-
bly,. provision Is enaeted ID direct
contravention Of the act Of congress OF
June 81, 1888, empowering The COM
missioner OF public lands to 'sell the
down. large growth and mafured tim
ber on any territorial lands at price
of not less than So per acre" etc.
After setting forth further sections
OF chapter III Of the. acts Of the
thirty-slxth legislative assembly, al
legged to have been IN contravention
10 the act OF congress. il u set forth
that pursuant to the provisions OF
chapter III of the acts of the thirty
sixth legislative assembly OF said ter
ritory and In aeeordaner with the re-
uulrements thereof he defendent,
! Clark Nj. Carr. deslrlng 70 acquire
title TO certain standing timber upon
lands granted by the above mentioned
act OF congress to the territory OF
New Mexico. made application dated
July 1906. to the defendant, Alpheus
A Keen. then and there commissioner
Of public lands for the territory OF
New Mexico. which sald application is
in words and figures as follows"
Then follows the terms OF a con-
tract between CLARK NJ. Carr and the
Commissioner Of public lands. Under
, which the territory agreed to sell 70
NJ Casr the INSURED timber on l2,-
$40 acres OF territorial lands az the
rate OF $3.50 pei acre.
The land carried by this contract Is
located in Mckinley and Valencia
, counties
The complaint, after setting forth
! the fn.l terms ef the contract between
Z Mr. Carr and the territory, alleges