The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-01-26
State Capitol Views
SUIT OVER SALE
49, Of STATE LANDS
Buyer Objects to Reser-
vations of Oil and Gas
Rights

Of New Mexico 10 sell. or contract 10
sell, state lands. with mineral rcsery-
htious. Including oil and gas. has
been filed By spencer N. Osborn, OF
~ Dorado. Kansas. Mr.. Osborn
holds $40 acres OF state Ian In Union
county, under contract Ca purchase.
Ito declares that Land Commissioners
Nelson A. Field refused to issue a
deed without making q mineral res
crNttions clause, after a render ~
the balance OF the contract price had
been made.
After the land contract had been
made with Mr.. Osborn. he says. the
state land onice cSccutcd what b. de-.
scrihed NJ a pretended" oil and gas
lease. to the same land. to the North
eastern New Mexico oil company.
Mr.. Osborn asks the court to declare
this oil n gas lease to be void. His
attorneys are Champion. Phillips and
Bnrden, OF Rntons g.. u. Woodward.
Of Clayton r.. r. Wright. Of Santa
Re.
A similar suit has been filed by
Mr.. shprn In the district court here.
before Judge Reed Hoiloman. In the
suit In the state district court petition
was made for an alternative writ Of
utauunmus 10 compel tho land com
missioner to issue D deed without the
mincrRl reservations. ON the show
ina made the writ % mandamus Is
sued. citing the com missioner 60 APP
pear at 10 a. m. FEB II and show
cause Why he should not issue a deed
without reservations. The attorney
general % New Mexico viii repre-
sent the lana commissioner ~ both
suits and probably VIII be assisted by
special counsel.
THIS is the second suit to test the
matter Of the right OF the land COM
missioner To sell state land with res
er'ation Of mineral riehtH. that hns
been lie In the state district our
here Judge Hoiloman has had the
other suit under Amusement since 10
was argued and submitted loo the bat
ter part Of November.
Water suit t1lcd.
4 water suit hat numbers tho dc
Pendants by the thousands. and that
may require 10 years to adJudiCuto.
has been filed IN the United States
district court at Santa Re and VIII
rive Judge colin Ngbl,tt u"pportuuitY
for an unlimited amount or thought
and study.
The suit b. what is described as a
friendly suit, ana seeks 20 secure
the adjudication ot the water rights
Of every user OF water from the
pecnl river ana It's tributaries. from
the heodwatcrs OF the stream. In san
Miguel county, clcur To the point In
Eddy county whore the fiNpr flows
into the state OF TcNas The title Of
go hHa" NN NNf 1AAANhNA hNNHHF 'AHA
The Hope Community Ditch. Il ais.
The suit b. brought on behalf Of the
United states reclamation E'rVicc.
which Is Interested In the %adJJdicH-
ton Of tho water rights uf the Carls-
bad project. In Eddy county. There
are morc than 1900 persons named
as defendants 10 The suit.
u will hU necessary 10 make hy-
Geographic surveys before there ran
De equitable determination OF the
rights of the many defendants The
force OF the state engineer uf New
Mexico may make the photographic
surveys that will be- required. Cuuu-
sci Tor the United states will bc
Summers Burkhlrt g. =. district at
t0rneN, j - Seth, assistant on MI
BurNhart's san and Porter W Dent.
of Carlsbad and ~ pasu. counsel for
the L. =. reclamation service.
Auto Sh1w Date Changed.
In order to- line up with the Alhu-
qucruuc Automobile show. that viii
DE held ON March {. o aud g.. u has
been decided to postpone the capital
Guys first automobile show until
March ~, ~ aud 49, This will en-
able the exhibitors from other cities
To transfer their ears, supplies and
uccCssorios 60 Santa lie ami get yN-
CrNthtug lu readiness Tot the santa Pc
upgQtuE, after the close of the Alhu-
putfquo show. The Chamber Of
''AAAANA'ANf N'lNlNlNANNN'f AN NNNNA $50 CT"
nouuCsa that practically all OF Ia,
reservations hive been made.
Ncw OniCcr~ for Bank.
Al tho INST meeting OF the stock
holders of tho capital CITY Bauk. aft
cr TIE sale ul the controlling interest
by Albuquerque to Santa lc Inter-
cais, the following directors we're
elected william BCHCham Victor
Luvras, e. g. Mardorf. a. g. Orms-
bee, r. ID Winter, b.. g. wright MI
Mardort advances from vice president
TO the presidency. Mr. Winter b.
made wee president and Mr Orms-
bee b. reelected cashier.
Power Company Dissnl,cs.
The CHA River Power company, uf
Grant county, has filed notice ot dis
solution OF the corporation with the
state corporation commission. The
iu-UUrpUraturz signing thc notice are
william o. Murray. idu Lyons. sur
Niying widow aud DusDttr Lyons cook
sole surviving daughter and child cot
ThomAs Lyons. The company was
Incorporated ON Feb. I. 1910, but
never really began business ana uuuV
of the capital stock was ever paid in,
New Bridge Project.
Final plans have been submitted hN
the state highway yummiseiou tui
the approval of the bureau of pub
lie rouds ut the department Of ugri-
culture. covering the federal aid pro-
icct about ono mile Boz length which
includes p steel bridge across the
Canadian river, at Logan, iu QUAY
county. Il b. expected that cunstrur-
tion will begin on this project carly
next spring
Srrks More Water.
The stern Land A Itttlr company.
Of Cimnrrun. CoitaN county made
application to the state engineer Co
appropriate a. mere feet and ono sco-
und foo uf water from Middle Point
river. u tributary of POuil river, in
ColfaN county Tho water Will ice
taken hv direct diversion ana Will De-
used for irrigation PURPOSES.
Davies Won't Run AgRhn,
Edward T. Davies, nay of tho
city Of Santa re. las announced that
he Will not De "a candidate for rr-
election. I'm the city election which
will hc held In April Mr. bnyios
has served only one term, but doe
not care 90 serve another. Up tD
this time mo- other candidate, of
either party. has shield his hat into
the ring In addition 10 the mayor.
there arc TO be elected iu April tuui
aldermen, "a treasurer aud a clerk.