Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-04-01
ATTORNEY GENERAL RENDERs
AN IMPORTANT DECISION

Attorney General George W Prits'a'
ara has given an opinion upon nm I'm.
portrait legal question submitted 70
him BY tho board OF Regents of the
college 81 Agriculture and Mechanic
Arts. IN regard 20 tho necessity Of
securing the approval al 'ho Hccretary
AT the Interior before lnveb ing ms
proceeds 0f the sales 81 lands duiated
% the college. nnde provisions 81
council bin No. as. pass ed BY the
thirty.eixth legislative assembly ard
approved by Govcruyr Otero. AttpF-
ncy 0eRoral Prichatd holds IN has
opinion that such consent must be OBJ
tained before che money can be IN
pended for permanent improvements.
The opinion IL a. follows;
santa fe, n. NJ. March ~, 1900.
Hon. "A. II. Holt, 8ecroia y and Trsna-
urer of toe Hoard ~ Regents 0f tho
College of Agriculture and MochaR.
Il Arts. Mealila Park, ~ NJ.
Hir--In yours Of the 17th instant.
you sOllclt my opinion a. 10 whether
or nut nndor me D DIVISIONS ~ c0un.
Gil bill No. a., chapter ~. u The SEES
zion acss Of the thirty sixth legislative
assembly, construed IN connection with
sections 3 and 10 ~ the act ~ con
xresH. approved June 2lst. 1898. On.
titled IAN Act make certain grants
Of land 20 the e, sitory ~ New Moxi.
co. and f0r other pu. poses the feEontn
of the Agricultural college Ok New Mex
leo. are authorized without iirat oh.
tanning The approval Of che secretary
81 the interior. 10 invest the prOcea4n
derived from the sale Of lands donated
for said institution under Tie act mem
tioEcd---foF the purposes specified In
said council biii No. 76.'
Section 3 ~ the aet o. congress,
june 2iFH. 1858 referred 10 BY You.
grants 100000 acres u land. me char.
acieg Of which 50 described IN the act.
10 the territory Of New Mexico for the
use 81 an agricultural college. The
act provides That che proceeds Of the
aele 81 said lands, or any portion
thereof, shall conatliue neymanmt
funds to be safely invested and the
income tacfo0t % he used exclusively
ioF the purpose Of such aEricui-
fural college
gecHonis a tbsi act procidos III
past ihat "Ali inVoa mcnis made az
securities purchased With the procesda
~ aaies % leaeea ~ land pfoyidcd lof
hy this act shall be aubieci 20
approval By che secretary Of tbs Inter
Tor
The purpose Of coancli bill No Js.
chapter ~. referred 10 By you. Is %
autho izs certain torraoriRl lnAlsu-
lions, including tho New Mexico Col
logo of Agriculture. 20 "expond the
funaa derived from The sale aud leaaG
az their iAnd1. or 50 much thcraof al
man be necessary, witch havq been. o.
may hereafter bo placed % tho crodN
81 fna respective Institutions for build
luga. oquipmens. and other permanent
improvements"
Il was evidently tho Intention Of
c0ngreas a. shown by section 10 a.
mo aci 81 june 2isi 1888 % permit 40
Investment % Inc funds arising from
sAlea 81 l6aaaa 81 lands provided for By
tho act, witeout the aan0lon n tho
socrolAry Of the interior. Il viii ~
BY the language oi the act
above guoted that IAN inFeatmenfN"
made with The proceeds q saioa and
leases must be- approved ~ The score
lary ~ the interior. ~ my ludNment
Inc woFdB "ail Investments" includes
FOR bnlldings. equipments
and other pefmanenl improvements"
and tnat before the board 81 regents
ii tho Nov Mexico College n d AFfi-
culture can make fh8 aApenditurea coai-
'cmniated " council bill No. az. chan.
Ter ~. referred % IN your letter, the
of the aocrctEvy Of tho IN
.erior should b. had
O. W. PRlCHARD.
Attorney General.