El Paso herald. (El Paso, Tex.) 1901-1931, 1917-12-21
NEW MEX. ASKS
FOR INJUNCTION
Files Suit to Prevent Can
ceiling Selections of
Public Lands.

/ Washington, D. T., Dec. 2I.-The at
I torney general Of the state Of New
I Mexico filed today in the supreme
court Of the District Of Columbia a
bill in equity by the state for an in
! junction restraining the secretary Of
the interior and the commissioner of
the general land office from canceIng
certain selections Of public lands
which have been made by the state
under an act Of congress making a
grant Of lands 10 il in aid of public
schools 1t is alleged that by the in
clusiOn within a national forest estab-
lished by the federal government Of
certain lands which had heretofore
passed into the ownership Of the state
under the grant. there was a resultant
deprivation OF the full and unimpaired
use Of such lands which congress in
tended the state should have, and thar
while such lands were so situated the
state recOnveyed them to the United
States IN full reliance upon a statu-
tory contract under which the United
States lad agreed to permit the state
TO select in lieu OF such lands an equal
quantity Of other lands but Of the
same general class.
The States Contentious.
The state represents that il made
="
lands at considerable expense TO it
and that the secretary Of the interior
has adjudged that the state complied
fully with all the provisions Of law
and regulations Of the department Of
the interior appertaining 10 such an
exchange Of lands.
The bill further represents that
more than a year after the making OF
due recOnveyance and lieu selection,
the lands which the state had trans
ferred TO the United States were
eliminated from the national forest
under a proclamation Of the president
and that such proclamation was
authorized by legislation Of congress
relating to the administration Of ma
tional forests under the direction of
the secretary of agriculture and in
no wise relating to school grant legis-
lation. The state shows that seCre-
tary Lane has decided that by the
issuing Of such proclamation the
United States rescinded and revoked
the agreement under which the state
had reconveyed and that because Of
such alleged rescisiOn and revocation
the interior department has been de-
prived Of authority TO approve the
states lieu selection. It is the con-
tentiOn Of the state that as its recon
veyauce and lieu selection have been
adjudged by the land department 70
have been perfect when made no act
of the presidents performed there
after under legislation having TO do
with the management Of national for
ests could have been intended by con-
gress TO affect adversely the vested
rights OF the state under its school
grant
Seeks to Have Decision Annulled-
a peculiar feature Of the case IS
that the state seeks to have annulled
a decision by Andrieus A. Jones, SEN
ator from New Mexico, which was
rendered when Mr.. Jones was first as
sistant secretary OF the interior. This
decision was rendered with respect to I
a similar claim by the state Of Cali
fornia and. having established a pre-
cedent. IL has since been followed by
the interior department
The state has retained as special
counsel Patrick H. Loughran. an at
torney of this city. who specializes IN
the public land practice before the in
terror department Mr. Loughran said
today that the present attitude both
of the state and the interior depart /
ment in the matter made it reasonably .
certain that the case would eventually Z
20 TO the supreme court OF the United /
States. in which court the state might 4
have filed a bill in prosecution Of an I
original action If it had so desired