Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-09-04
Who Owns the School Lands
the United States Gov
eminent or the
Schools.
JUDGE ABBOTT ASKED
TO SOLVE QUESTION
Arguments Continued--Attorney
General Fall Says Territory Will
Stand BY Purchasers ofLands.
Attorney PritChdrd Moves
Case be Dismissed.

| At 10 o'clock this morning before
| Suuge ira A. Abbott. sitting as United
States judge in the second judicial
| district court. began the arguing
OF the demurrers in the cases
| OF the United States versus the ter
rltory of New Mexico, M A. Otero.
a. A. Keen, George w. Prichard, the
american Lumber company and
Clark M. Carr. These cases. which
IN their issues are closely connected,
| involve most important principles as
10 the authority of the federal gov
eminent in Its relation to the conduct
Oh aHalrs In the territories and the
authority of the territories in trans
acting business on their own ac-
count. The outcome of these cases
Will perhaps establish a precedent
whereby cases of a similar Character
that may come UP in the future will
be judged.
Each of the defendants is in one
way or another connected with the
transfer from the territory to indiyid-
uals for money of school lands and
lands awarded to various territorial
educational institutions. If the de-
PENDANTS should win In the argu-
ments on the demurrer, the strenu-
Gus work OF Assistant United States
Attorney McHarg and several special
inspectors, for several months past,
VIII De Tor naught. except that the
agents themselves will draw stip-
II the FEDERAL officers sffoufd win.
thefe probably will follow a series OF
regal battles in the courts of New
Mexico.
Preliminary Discussion.
In the preliminary discussion,
which preceded the hearing OF the
arguments, Ormsby Mcarg, assist
ant attorney general 81 the United
states stated that 1t was the wish OF
the government to settle the cases
amicably and without any sensations
allsm whatever. He explained that
the federal government did not wish
10 10 quarrel with the territory OF New
Mexico and limited at the idea that
the territory could well be dismissed
from the case entirely, but that such
dismissal would In no way affect the
case against the other defendants
with the exception of George w.
or the territory and brought into the
case by reason of the position he
held as attorney general for the pur-
pose of summons only.
Defendants and Territory Alike.
attorney General A. b. Fall, who
represents the territory. replied that
the territory was Just as much ir-
VOWED in the issues i'm question az
the other defendants and that IL the
case against the territory were dis
iAi'Stu Aile OltltT ueItnQdntS should
pc dismissed also. He maintained
that the federal government had no
real interest and that he wished to
convince the government that the
territory had acted within its auth
orlty in the business transactions
whlch nave been the cause of the
present action. Judge Fall further
stated that Governor Curry was not
the man to submit to dictation and
that as far as he was to oe concern
ed In the matter he felt sure the gov
ernor would stand firm for an i'm
partial conduct of the case Judge
Fan also read several communica-
tons from the department OF interior
at Washington. the import OF which
was that the laws OF the territory
and the territorial law officers were
qualified to handle the cases of al
legged land frauds and that the law
othcers OF the territory should be
looked TO remedy such difficulties.
Prichard Moves 10 Dismiss.
ormer Attorney General George
W Prlehard' addressed the court and
was of the understanding that he
was TO be dismissed ct once from the
,ase, but Assistant U s. Attorney
General McHarg objected to this.
rhereupon Mr.. Prichard asked the
'ourt to sustain the demurrer, but
ne court deferred action In the mat
er' stating that he wished to hear
he arguments first.
How Lands Were Sold.
After the preliminary discussion.
p, w. Dobson, who is one of the at
orneys for the defendants, began ar
sument on the demurrer He pre-
aced the argument by a sketch OF
he history of the school land grants
n the territory and the acts of leg
Station relating to this subject. He
moved how the public land selecting
board had selected 100000 acres
or the educational and other public
ises OF the territory according 10 the
provisions Of an act of congress pro-
'lding for such selection; he showed
nat there was no question that these
ahdS had been selected according to
aW and that the title to such lands
lad become vested In the territory
lie further stated that less than five
'er cent OF these selected lands had
'een sold. He made a strong con-
ention that the territory had a per-
ect right 10 sell the lands and that
he territory had not violated any
tipulation of the act Of congress
which stated that no such land should
De disposed of for less tnan $1.25 per
.cre. He maintained that such land
Is had been sold or leased was land
'ontaining full grown timber and
hat this land had been leased or
old at prices I'm excess Of those stp-
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