The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-08

FEBRUARY -, l906, o my opinion on
a bill introduced into-thsp heuse<of
representatives by MIR. Andrews. del
egate from New Mexico Oh. r. 1922
which was referred to you by Mr..
HAMILTON, the chairman of the house
committee on territories. The title OF
the bill is:
"A bill to ratify and confirm chap
| ter one hundred and eleven OF the
acts of the ~thirtyrsixth legislative as
sembly of the Territory of New Mex
leo"
The act of the territorial legisla-
ture referred to is entitled as follows:
An act to provide for the leasing
sale, management and control of all
lands now owned or hereafter acquir-
j ed by the Territory of New Mexico;
to create a territorial public land Of
fee and a commissioner thereof and
to prescribe the duties of such officer
to provide for the care. custody, dis
position. and investment of moneys
derived from the leasing and sale
of all territorial lands, and for other
purposes.
Undoubtedly the particular section
of this act which it is especial OBJ
ject and intention of H. R. 1892
ratify is section 80 thereof, which
reads as follows:
The commissioner Of public lands
may agree with n person or per
sons with reference to the amoun of
damages caused any territorial land
by grazing thereon and upon pay
ment thereof such person or persons
shall thereby be released from any
further claim for damages; and the
commissioner shall also have author
ity to grant the right of pasturage
Upon such amoun of Unbiased land
as he may determine for the best
interests of the territory, for a per-
iod not to Exceed five years and not
less than two cents per acre.
This act. approved March 16, 1905,
superseded and took the place of
chapter 50 OF the acts of the thir-
ty-fourth legislative assembly (19O1},
which amended the tw%enty-third Sec
ton of chapter "A of the laws of 1899
so as TO read as follows:
That all persons are forbidden to
enter upon and occupy or in any
manner use for agricultural, grazing,
or other purposes, n lands that are
or that shall be under the control
of the board of public lands, and all
persons will take notice that any
such trespass will be promptly pros
ecuted and the trespasser held liable
in damages and that unless prompt
settlement is made suit will be in
stituted by the board. The board may, |
however, agree with any person or
persons with reference to the amount
of damages caused any such lands |
ment thereof such person or persons
shall thereby be released from any
further claim for damages; and the
board snail also have the rigth to
grant the right of pasturage upon
such mount of Unbiased lands as il
perod not to exceed five years, az
not less than two cents per annum
Del acre, Any and all fences or 9TH
er movable fixtures, erected for the
purpose of enjoying such pasturage
right, shall remain the property of
the person erecting the same, and
may be removed ,therefrom before or
within three months after the ex-
piration of SUCH right, but If not re-
moved within such last-named period
shall remain and be a part of the
land upon which the same may be
situated.
H. r. 1892 is introduced for the
ties arising out of the issuing of pas
turage permits by the territorial au-
thorities under the territorial laws
mentioned, as will be made apparent
by the correspondence hitherto car
ried on be. tween the secretary of the
interior. the commissioner of the gen
eral land Office, the governor of New
Mexico, n the commissioner of the
public lands of New Mexico COPIES
or which correspondence are, for con-
yenience, hereto annexed.)
me question as to the legality of
the Territorial laws authorizing these
permits and the permits themselves
was never submitted to the Federal
authorities until the permits had
oeen issued for some time on 361,-
4zS.ss acres of land. All this land, to-
wit, 361,42s.ss acres. as well as IT,
52s.os acres more. a total Of 47s.959-
AZ acres. has been selected by the
United States land commission ont