The Spanish American. [volume] (Roy, Mora Co., N.M.) 19??-19??, 1919-11-29
LANDHOLDERS ORGANIZE TO
TEST STATE LEASING LAW

The hearing OF the Otto case was
finished before District Judge Hollo-
man this noon and the court took
the case under advisement, briefs be-
ing filed by contending parties.
The case questioning the state land
commissioners right to make mineral
reservations in the issue of patents
to state lands, now before Judge Reed
Hclloman of the district court, is PROB
ably only the forerunner Of a number
of suits intended to define the state
land commissioners authority.
At least Hugh B. Woodward Of
counsel for the plaintiff indicated that
was the purpose of the State Land
holders Protective Association in a
statement made today.
"The present case is only one Of
several suits which probably will be
brought for the purpose of testing all
legal questions relative to contracts
Of purchase issued by the land Of
fice," he said. ''The organization
purposes to have all questions finally
and fully settled by courts of last
resort-state and United States-if
it is necessary to litigate them that
far"
ArgumFnt Of the case was still
under way this morning and counsel
were not sure when the end would
be reached. The argument began at
2 o'clock yesterday afternoon and
lasted through the afternoon.
Although the court record shows
only that the case was instituted by
the state on relation of Christian o.
to of Clayton, against the state land
commissioners office, it was said that
Mr.. Otto was not acting as an individ-
ual but as a representative of the
State Landholders Protective Associa-
tion. The association holds no land
IN its own name and for that reason
it was necessary that one of its mem
bers begin the suit. Mr.. Otto was
said to have been elected.
The association was said to be
made up of holders of contracts to
purchase state land, having about 500
members whose holdings amounted
to more than one-half million acres.
The officers are, Carl Eklund, Clay.
ton, president; John Otto, Clayton,
seeretary-treasurer; 7. E. Mitchell
Albert; Joe Doherty, Folsoms j.
Harrington, Pass Monte; E. II. Gal
legos, Logan; and George Gillespie,
Maxwell, directors.
Mr.. Woodward outlined the theory
of the counsel for the association.
"The contention Of counsel for the
association" he said, "briefly is that
under the constitution and statutes
of New Mexico it is the duty of the
land commissioner to classify all
state lands as mineral or non-mineral.
All mineral Bearing lands are with
held by the constitution and statutes
from any sale or disposition by the
land commissioner.
The land commissioner, according
to the stand taken by counsel for
Otto, was required to determine that
the lands sold were non-mineral be-
fore the sale. The land was adver-
tised and sold as non-mineral, Mr..
Woodward said, and the purchasers
bids were accepted and receipts given
them for the lands in fee without
and reservations.
"The attempted reservation in the
contract issued by the Land Com
said Mr.. Woodward, sis
by any zaw or by the
state constitution.
"It is believes that the holders of
contracts are entitled to the issuance
If patents without any reservations
n accordance with the policy of the
and Office prior to the passage Of
he 1919 act. 1t was the practice
prior to that time to issue patents
without any reservations"
1t was believed, he said, that the
1913 act was unconstitutional "as be-
ng an attempted deprivation from
he holders of state lands under pur-
.hase Of rights which had already |
accrued to them," but, he added, the
.onstitutionality of the act had not
3een brought into question in the
.ase now before Judge Holloman. It
vas said, however, that there was
possibility that it might be. That
depends upon the course Of the ar