The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-10-17
They Sue e. S. Senator CatrOn
for Half a Million.
AlIege Senator Failed to Live
Up to Land Contract.
THEY DEPENDED ON HIM
When They Made Representa-
tiOns to Land Buyers.
His Failure Caused Their Fail
ure-MOunDays Indicted.

Following on the heels of a federal in
dictment against Don A. MounDay and
L. D. w. MounDay, his wife, on charges
of fraudulent use of the mails, D. r.
/ Hite as MounDayS chief counsel today
announced the filing of suit in the
United States district court of New
Mexico against United States Senator
Thomas B. Catron, wherein MounDay
seeks the enforcement of a contract
for the sale and delivery of deed to
115, 900 acres of land in the San Ortez
grant and further asks $500,000 dam
ages against the wealthy defendant for
an alleged conspiracy to destroy the
business of the American Sugar Man
ufacturing & Refining company, promo
ted and Incorporated by MounDay and
his associates. The suit against Sena-
tor Catron is especially important since
it probably directly outlines the defense
to be assumed by MounDay and his
wife in their effort to secure acquittals
of the criminal charges brought by the
government.
The contract with Catron for the
purchase of 115,0O0 acres OF lana
which was offered for sale by the
MounDays is one of the issues in the
prosecutions by the government for
misuse of the mails. MounDay con-
tends that under the terms of the
contract, which is recited in full in
lengthy petition, that he was justified
in making the sales and that cond1-
tions and circumstances warranted his
representations as to the land and
water rights. Now he asks that Sena-
tor Catron, who is said to be worth
about fifteen million dollars, be COM
PEELED to make good the contract ana
provide for the deliverance of deeds
to some 200 men and women who
have completed their land payments
and received socalled clearance re-
ceipts."
Julius G. Day, owner of one-fourth
of $4,000 acre tract, is also made
a party to the suit. Under the con-
tract with Senator Catron, MounDay
claims that the senator was to buy
Days interest in the land and that
$40, 900 of the purchase price has al
ready been paid to Day. Some zoo
people who have received clearance
receipts to the land, are also named as
party defendants in the New Mexico
suit.
Half Million in Damages.
In his petition, MounDay asks for a
judgment for a half million dollars
damages against Senator Catron.
MounDay's prayer for damages re-
cites:
Your petitioner is informed and be-
lieves and therefore charges the fact
to be, that the defendant Catron is re-
sponsible both directly and indirectly
for the false and malicious charges of
fraud and fraudulent use of the mails
hereinbefOre mentioned, and fOf the
wide publicity given the same, and by
himself, and his employees and others.
he has aided and abetted the carrying
out Of a preconceived scheme to pre-
vent your orator from carrying out his
said purpose and design of selling at
least fifty thousand acres of said grant
in parcels of small tracts; that by such
sales your orator would have realized
in profits an amount more than Suffi-
cient to fully satisfy, pay and dis
charge the purchase price and consid-
era Ion which your orator by said co--
tract of sale expressly promised to
pay; that by the means aforesaid, and
by his said evasions and refusals to
promptly ratify and confirm your ora
tors said sales, the said Catron has
greatly impaired and has almost de-
Stroyed any present chance of your or
ator's selling the unSold residue of
said fifty thousand acres, to the dam
age of your orator in the sum of more
than five hundred thousand dollars"
The contents of the petition in the
M MounDay-Catron suit is said to
clearly outline the MounDay defense
in the criminal suit of the govern
ment for misuse of the mails. In that
case, the MounDays will endeavor to
court the fact that MounDay had a
perfect right to sell the land and to
make the representations to investors
which brought forth the wrath of the
government.