Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-05-04
Correct and Full
Version Of Hager-
mans Actions
Of DELIVERY OF DEEDS.
Upon Advice Of Attorney
General Reid to Pennsyl-
vania Development Co.

lhe New Mexican has received
many inquiries from subscribers and
readers requesting that correct, yet
concise statement be published for
their information of the actions of eX-
Governor Ilagerman in The matter OF
4aifiXng tie seal of the then extinct
Territorial Board Of Public Lands and
delivering deeds for several thousands
of acres OF timber lands, Territorial
property under certain contracts
made before he assumed oillce, TO the
Pennsylvania Development Company
and which actions were made me SUP
iect Of a thorough investigation by the
Fouse OF Representatives OF the
Thirtv.seventh Legislative Assembly
with the result that a report OF the
committee Of investigation. when
fo,nd that the act had been Illegal
improper and detrimental TO the pes.
interests Of the Territory was adopted
hv the said House and was maze one
of tha charges AGAINST the eX-do'er-
nor A well known member OF the
har Of the Territory, resident OF Az
hnoueroue and not Republican IN POI,
it,cs prepared such a statement
(which is moderate in tone, gives the
facts as they were shows the lesa.
noints and IS herewith published tha'
~. noonlo NAV not forget" The state
ment is as follows:
The Facts in Detail.
The late attorney general " ~
Ngax,co is reported to have sta'eu ~
Gently in an address that the eA-uov.
arnor Of New Mexico had been gun,
~ M wrong and that he had amSeu
tha seal to the completed Pehlissr
yania Development Company transao
tiono on the legal advise OF hlmseii as
the attorney general OF New Meslco.
WV Ala that same gentleman refuse
70 advise the land commissioners llae
those deeds were legally dellVereu
81 no inoliire little as to the aiiegeu
comnleted transaction. the rehnss,
vania Development Company en'ereu
into a contract with the Board Oh rup
,ic Lands for the purchase at $a an
acre of all the land owned by the yer
ritory in two certain townships
amounting in all to about ll'2oo acres
Thav further agreed not to enter upon
,a,a az cut timber from it until
it was paid for and the deeds ueliy
cred Twelve entries OF LOU ac'e'
oach were made and the purchase
nr,ce to-wt the sum OF $5,16o palo anu
deeds were executed for the same
Tbase deeds were not however, dellV'
erred but held by the Board OF Pupilc
Lands as security for the faithful per
formance on the part OF the Penhssf
yania Development Company OF tne
balance OF their contract. Afterwards
twenty.three other entries were maze
of 100 acres each, a part payment Oh
the nurchase price was made and the
balance of the purchase price, Whlcn
was in all $11,040, was represented by
notes; twenty-three deeds were made
out and perfected with the exception
az the seals. These deeds were not
delivered, but were held with the
other twelve deeds as security for the
payment of the notes and for the
faithful performance on the part OF
the Pennsylvania Development Com
many of the balance of their contract,
which required the entry Of about D.
GOO acres in addition and their pay
ment at So per acre. The Board OF
Public Lands under which this con.
tract was made was legislated out OF
existence in 1905-the Governor Of the
Territory had been at the head of the
board. The legislature in 1905 consti-
tuted Territorial Land Office and
made its executive officer the commits
sioner of public lands and Mr.. A. A..
Keen was appointed as such commits
sioner. He was specifically made the
custodian Of all the records Of the old
board, including, Of course, the seal,
and was specifically authorized to en-
force the contracts entered into by the
old board. Under the law he was the
only person who could use the seal OF
the old board or who had the right to
carry out their contracts and agree
ments.
Such was the condition of affairs
when Governor Hagerman was ap.
pointed. The Pennsylvania Develop
ment Company approached Mr.. Keen
and offered to pay their notes pro-
vided the thirty-five deeds were deliv-
cred to them, They were told that
the deeds we're held as security not
only for the payment of the notes, but
for the faithful performance Of their
agreement; that they must file appli-