New Mexico state record., 1918-09-13

In Favor Of State.
Z Suprsns Court Of District Of
Ceauabia Grants Every Prayer
Of State In Petition Against ,
Iatevier Department and Re. +,
Z Pudiaess the Doctrine Laid =,
. 4 Down By A. A. Jones Whieh +,
was followed By Dspartmsnt ,
Z In this GaS&
81 Z < Z : s.
=. Word was received this week b,
t4k State Land Office that the sui
which, was instituted last Decembel
aeAihst Franklin X. Lane and Cla,
rAllahAA. Secretary of the Interior
and CSmmissioner Of the Genera
Land Office respectively, by the Com
missioner of Public Lands on behalf
Of the State of New Mexico to en-
force the approval Of certain fores,
lies and indemnity selections made
By the State has been decided by
The Supreme Court of the District
Of Columbia favorable to the State
and tkst the court has granted every
prayer for relief contained in the
Petition filed.
This controversy first arose be.
tween the office of the Commission.
er Of Public Lands and the De-
partrhent of the Interior when 4
lieu selection made in March 1915
wherein the base lands offered were
situated within the Alamo National
Forest, was. upon elimination of such
base lands from the said Forest by
akoclamation of the President ef-
fecfive more than a year after the
ssleetion, held for cancellation and
rejection by the Commissioner of the
General Land Office under date of
Nay Is. 1916.
Upon receipt of notice of rejection
the Commissioner of the New Mex
leo State Land Office filed his ap-
peal to the Secretary of the In
terror, fully expecting that the JUS
tice of the States contention would
be readily perceived and the selec-
tion allowed. But the Secretary of
tts Interior by his decision of Oc-
tober u 1916, sustained the ruling
Of the Commissioner of the General
Land Office and held against the
State Of New Mexico
Thereupon a motion for re-hearing
of the case was filed before the
Secretary of the Interior, which was
also denied. A Petition for the Ex-
ercise Of the Supervisory Authority
Of the Secretary of the Interior was
then presented to the Department in
which the States contention was full
r. set forth and the injustice and
unfairncss of the Departmental hold
ing was sought to be impressed upon
the officers of the Department. Up
TO this time the matter had been
handled entirely by c. B. Barker for
the Commissioner of Public Lands.
hAt IL became apparent that oral
s~gument before the Secretary was
desirable in order to fully present
the case for the State. Accordingly
Ar. Patrick H. Loughram of Wash
ington, D. C., was retained by the
state, and the case was ably present.
% to the secretary of the Interior
By him ~ brief and oral argument.
Notwithstanding these efforts of
the Commissioner of Public Lands Of
New Mexico to secure the State the |
rights guaranteed by the Enabling |
Act, the Department held adverse |
10 the State under date Of October
ID, 1917, and ordered the lieu selec-
ion cancelled. As there were then
! large number Of the States selections
\ the same status, involving . con-
siderable area Of lands selected which
he State and its patrons could not
.fford to lose. il was decided BY
Commissioner Efvien to take the
:sse to . competent court. to secure
J ruling on the question involved.
Accordingly a bill in equity was
lied in the Supreme Court of the
district Of Columbia to secure man
latory injunction against the Secre-
ary Of the Interior and the Commits
ioner of the General Land Office |
0 compel them to approve the said
tate Selection. This suit which has
een pending since January 1918. has
ust been decided favorable to the
;tate's contention on every point II
aised, and IL the decision Is to be-
ONE final the States selections will ]
emain as made Ii
Il is of interest to note that this
ne of decisions of the Land De- {
artment depend for their authority i
pom a ruling of A. A. Jones in . I
lse of the same nature, which was 5
ecided by him when First Assistant G
ecretary of the Interior; that these {
ecisions have been uniformly against a
ie interests and contentious of the I
tate of New Mexico, and that IL n
lbmitted to would have resulted in +
1ormous damage to the State and {
,pecial1y to the users Of the public s
nds selected by the State for sale &
I'd lease. The doctrine followed by 4
le Department in the cases noted n
IS been characterized by attorneys i
I'd others familiar with public land q
alters as most unjust, unfair, and v
l-American, and its complete over E
row BY the courts is . notable o
ctory for the office of the Commits b
oner Of Public Lands of the State s
'ef the arbitrary attitude assumed d
! the Land Department of the Unit q
States in following the precedent r
tablished BY Senator Jones IN the 2,
se mentioned Id,