New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1917-12-21
SECRETARY LANE
SUED BY STATE
OF NEW MEXICO
ASKS DECREE DECLARING
ARBITRARY A DECISION
RENDERED BY SENATOR
JONES WHEN BE WAS
ASST sEC'Y OF INTERIOR

Washington, D. c., Dec. 2l.-Tht
attorney general of the State oi
New Mexico filed today in the
supreme court of the District ot
Columbia for and on behalf of the
commissioner of public lands, bill ir
equity by the State Of New Mexico
for an injunction restraining the
Secretary of the Interior and
the commissioner of the general land
office from cancelling certain selec-
tions of public lands which have
been made by the state under an act
Of Congress making grant of lands
to it in aid of public schools. 1t is
alleged that by the inclusion within
a National Forest established by the
Federal Government of certain lands
which had heretofore passed into
the ownership of the state under
the grant, there was resultant de-
privation of the full and unimpaired
use of such lands which Congress
intended the state should have, and
that while such lands were so situat-
ed tn estate reconveyed them to the
United States in full reliance upon
4 statutory contract under which the
United States had agreed to permit
the state to slect in lieu of such
lands an equal quantity of other
lands but of the same general class.
Contract Not Fulfilled
The state represents that it made
due reconveyance and selection OF
lieu lands at considerable expense
to it and that the Secretary of the
Interior has adjudged that the state
complied fully with all the provi-
sions of law and regulations of the
Department of the Interior appertain-
ing to such an exchange of lands.
The bill further represents that more
Man a year after the making of due
reconveyance and lieu selection. the
the lands which the state had trans
ferred to the United States were
eliminated from the National Forest
ander \ proclamation of the Pres
ident; and that such proclamation
was authorized by legislat ton of Con-
eress relating to the administration
af National Forests under the direc-
zion of the Secretary of Agriculture
and in nowise relating to school
grant legislation. The state shows
that Secretary Lane has decided that
by the issusing of such proclamation
the United States rescinded and re-
voked the agreement under which
the state had reconveyed and that
because of such alleged rescission
and revocation the Interior Depart
nent has been deprived of authori-
ty to approve the states lieu selec-
A g. kta ~o,ta0tsoo IS fho
state that as its reconveyance and
fieu selection have been adjudged by
the land department to have been
perfect when made no act of the
Presidents performed thereafter
under legislation having to do with
the management of National forests.
could have been intended by Cong
eess to affect adversely the vested
rights of the state under its school
grant.
Precedent By California
A peculiar feature of the case is
that the State seeks to have annul-
led a decision by Andrieus A. Jones.
Senator from New Mexico. which
was rendered when Mr.. Jones was
First Assistant Secretary of the In
terror. This decision was rendered
with respect to similar claim by
the State of California, and having
established a precedent it has since
been followed by the Interior De-
partment
Other States Complain
The state has retained as special
counsel Patrick Fl. Loughran an at
torney of this city who specializes
in the public land practice before
the Interior Department. Mr. Lough-
ran said today that the present at
titude both of State and the In
.erior Department in the matter made
It reasonably certain that the case
would eventually go to the supreme
court of the United States in which
court the state might have filed a
bill in prosecution of an original ac-
ton If it had so desired and that
he decision of former First Assist
int Secretary Jones which is brought
1nder review by the courts in the
present proceeding has been COM
,l@ined against by all the States to
which similar grants have been made
Is being both an impairment of the
,alue of the grants and as imposing
Ipon the states terms and cond:-
ions for the enjoyment of the grant
ID lands which Congress never in
ended.
Settlers Will Lose Lands If Jones
Dicision Is Sustained
Commenting on this case today it {
vas stated at the office of the COM ,
missioner of public lands that a
arge acreage of lands selected by
he state is affected. and that unless ;
he court grants the relief prayed
or, great hardship will result to s
many applicants and 1essees of state t
ands.