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Transcribe page 8 of 21
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or other right, title or interest in the land that it was guilty of laches in bringing the contest some six years after the Dansburg contract had been made and he had taken possession of the land. Appellant denies that this is exclusively a proceeding to determine its own rights, although conceding that the Commissioner so treated the case throughout; and suggesting further that the District court perhaps decided the case upon the question of whether or not the Rallway Company had acquired any rights, title or interest in the land. Appellant contends further, that notwithstanding any right which the Company may have in the premises, and benefits which may accrue to it if the Commissioner's decision is sustained,that nevertheless, the Commissioner, in deciding to cancel or amend the contract of purchase, was acting under a broad discretion lodged in him by the Constitution and the laws of the state and that the courts are without jurisdiction to overrule his reasonable exercise thereof. Sec.132-187 N. M. Stat. Ann., 1929 Comp. gives the Commissioner power to "cancel any lease, contract or other instrument executed by him which shall have been obtained by fraud or executed through mistake or without authority of law." Sec.49 of the Laws of 1907, approved March 19, 1907, created the office of Territorial Engineer and provied for the method of making application and securing permit to divert and appropriate unappropriated waters within the sate. Counsel for appellant apparently conceded that compliance with this law, which appellee agreed was in all respects regular, represents all that was done by it in securing any rights in or upon the land in question. It is not disputed that appellant made no effort to secure a right-of-way for dam or pipe line upon this public land under the provisions of Chap. 104 of the Law of 1907, passed and approved March 21, 1907. This latter act (Sec. 30 ) makes ample provisions for the securing of right-of-way upon or across any portion of the -4-
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