Joseph McKenna

“ The United States is a necessary party because it appears the title to the land involved is in the United States, and that it is the purpose of the defendants to dispose of the land in accordance with the provisions of the mineral land laws of the United States, and that if the defendants be enjoined from executing such purpose the United States would be deprived of the purchase price of the land. ”

“ On January 6, 1912, New Mexico was admitted to the Union on an equal footing with the other states, and became and is the beneficiary of the school land grant of June 21, 1898. Such grant had been held a grant in praesenti, under which absolute title in fee to all sections 16 and 36 in the territory which were at that date identified passed to the territory at the date of the approval of the act, unless known to be mineral, and no certificate or patent was necessary to pass such title. ”

“ It appears from the bill that the state has no title or interest in the land because it was known coal land at the date of the passage of the Act of June 21, 1898, and was not intended to be granted nor granted to the territory of New Mexico by that act nor any subsequent act. ”