Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-10-20
MOUNDAY BRINGS
SUIT AGAINST
CATRON
Alleged swindler Now Under
Indictment at Topeka Seeks
to Force New Mexico sena-
tor to Give Deeds to Land.

That the complications following
the alleged wild cat hand operations
Of Don A. MounDay OF Topeka for
alleged illiclt use OF the mails, VIII
result ~ many further complications
and litigation. Is indicated by a state
ment issued yesterday Ia Topeka by
counsel for MounDay stating that he
had filed against United States sem
ator Catron of New Mexico, owner Of
the land upon which MOunDay was
operating. for 100000 damages. and
possession Of the land for parties TO
whom MounDay Is alleged 20 have.
sold a. The Topeka dispatch says.
Topeka, Kan. oct. ia new
feature OF the legal complications Of
Don a. and T. y. w. MOunDay, who
were indicted last week for fraudu-
lent use Of the United States mails.
Is the filing OF suit by u. n. 1Iite.
chief counsel for the MounDays. Ia
the United States distric, court of
New Mexico against r. -. Catron.
United States senator from New Mex
leo
THE suit. according % Mr., IIlte, ~
not a result Of Tho recent indictments
Of the MounDays. but an action 20
compel senator Cntron 10 conform 10
"a contract that he Is alleged 10 have
made with Don a. MOun0ay and
placed on record In the state Of New
Mexico In which he. Senator Catron,
" said TO have agreed 20 deliver deeds
20 lands sold by MounDay The con
tract was Tor the sale 81 $4,000 acres
Of land by MounDay In any amounts
that he desired. Il Is alleged.
when the MounDnvs became In
VOWED with the postal authorities his
business decreased. and upon the nd
vice of Mr. lite. he decided 10 doiiv-
or deeds TO the i70 purchasers OF
tracts from the land he was selling
for Senator Catron. Mr.. Hite wrote
Senator Catron. who was IN Wash
lngton. asking him 10 fulnll his part
of the contract in issuing deeds 20
the purchasers OF the land. Senator
Catron replied and stated that he had
no means of knowing whether or not
Mr.. Hitc was acting as MounDay's
attorney. and for that reason refused
70 be Intercepted. Mr.. lTlte again
addressed the senator but still re-
ceived no satisfactory answer. Tic
then filed suit In the United States
district court in New Mexico
mir. HIte sent the papers In the
case 90 the clerk Of the United states
district court az Santa Re, but was
notified that In cases of this kind q
resident attorney was required to
file the papers. Mr.. Hite therefore
selected "a Santa re attorney mailed
the papers 90 him today and the suit
probably will be filed by Monday.
IAN Of the purchasers OF land Il
whom MounDay asks that deeds be
issued are made parties to the sui
and MounDays chic, attorney has ad
viscd each of them 60 consult his owl
attorney IN an endeavor 10 get results
Julius G. Day. owner OF one-fourtl
Of 10000 acre tract. is also mad
party TO the suit Under the al
legged contract with senator Catror
Mounnay claims that the senator wa
20 buy Days interest In the land an
that $4,000 of the purchase prlc
has already been paid 20 Day
"MounDay further asks $500. 90
, damages against tho defendant for a
alleged conspiracy 20 destroy IN
business of the American Sugar Mar
ufacturing 4 refining company. pro
noted by MounDay and his assoc
atcs.