Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-03-25
MUST OBTAIN
APPROVAL
Of Secretary Of Interior to Ex.
psnditure ofProcseds From
Sale Of Lands.
IMPORTANT QUESTION
Submitted to Attorney General Prichard
BY College Of Agriculture and
Mechanic Arts.

Attorney General George w. Prich-
ard has given an opinion upon an i'm
portant legal question submitted to
him by the Board of Regents of the
College of Agriculture and Mechanic
Arts, In regards to the necessity of
securing the approval of the Secretary
OF the Interior before investing the
proceeds of the sales of lands donat-
ed to the College, under provisions of
Council Bill No. 78, passed by the
36th Legislative Assembly and ap.
proved by Governor Otero Attorney
General Prichard holds in his opinion
that such consent must be obtained
before the money can be expended for
permanent improvements.
The opinion is as follows
Santa Fe, N. NJ, March 23, 1905.
Hon. H. B. Holt, Secretary and Treas
urer of the Board of Regents of the
College of Agriculture and Mechan-
ic Arts, Mesilla Park, N. NJ.
Sir--ln yours of the 18th instant,
you solicit my. "opinion as to whether
Or not under the provisions of Coun-
Gil Bill No. 7S, Chapter 72, of the Ses-
sion Acts of the seth Legislative AS
sembly, construed in connection with
Sections 3 and 10 of the Act of Con-
gress, approved June 21st, 1898, en-
titled An Act to make certain grants
OF land to the Territory of New Mexi.
co, and for other purposes the Re-
gents of the Agricultural College of
New Mexico, are authorized without
first obtaining the approval of the Sec
retary of the Interior, to invest the pro-
ceeds derived from the sale of lands
donated for said institution under the
act mentioned-for the purposes spe-
Gifted in said Council Bill No. 49,"
Section of the Act of Congress,
June 21st, 1898, referred to by you,
grants 100000 acres of land, the char
acter of which is described in the
act, to the Territory of New Mexico for
the use of an agricultural college. The
act provides "That the proceeds of the
sale of said lands, or any portion
thereof, shall constitute permanent
funds to be safely invested and the
income thereof to be used exclusively
for the purposes of such agricul-
tural college* ="
Section 10 of this act provides in |
part that "All investments made or
securities purchased with the proceeds |
Of sales or leases of land provided for
by this act shall be subject to = =
approval by the Secretary of the Inter.
ior,"
The purpose of Council Bill No. 78, |
Chapter 70, referred to by you, is to
authorize certain territorial institu- |
tions, including the New Mexico Col |
lege of Agriculture, to "expend the
funds derived from the sale and lease
of their lands, or SO much thereof as
may be necessary, which have been, or
may hereafter be placed to the credit
of the respective institutions for build
ings, equipment, and other permanent
improvements"
It was evidently the intention of
Congress as shown by Section 10 of
the act of June 21st, 1898, to permit no
investment of the funds arising from
sales or leases of lands provided for by
the act, without the sanction of the
Secretary of the Interior. It will be
observed by the language of the act
above quoted that Gall investments"
made with the proceeds of sales and
leases must be approved by the Secre-
tary Of the Interior. In my judg-
ment the words "all investments" in
cludes investments "for buildings,
equipments, and other permanent i'm.
provements" and that before the Board
of Regents of the New Mexico College
of Agriculture can make the expendi-
lures contemplated by Council Bill No.
7S. Chapter 72, referred to in your let.
tor, the approval of the Secretary of
tie Interior should he had.
g. w. PRICHARD,
Attorney General.