The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1916-07-13
FINANCIAL TRANSACTIONS or
DEPARTMENT or PUBLIC LANDS
An Examination by A. E.. James Director of The
Taxpayers Association of New Mexico, In
cident to the Association Survey of
New Mexico Public Finance

shall be credited TO the respec-
tive Income Funds hereinafter
by this chapter created.
Section $40 provides so far as Is
material to this inluIry as follows:
Section SIZE.
Said Commissioner shall have
power . . 10 collect all monies
due TO the state Tor the lease,
purchase or use Of state lands:
to receive all monies due the
State derived from any state
lands and credit said monies 80
received 10 the separate funds
created for the respective pur-
poses named in grants by Con.
gress, OF otherwisy. and he shall
pay over to the state Treasurer,
on or before the tenth day OF the
neat succeeding month, all such
monies received during each
month TO be credited 70 tho sew.
srsl funds respectively entitled
thereto.
Section 5lss prcscrlbos the Oates
OF the lawful custodian Of tie pro
cseds of the public lands:
Section 5lSS.
All monies derived from state
lands, including permanent funds
pending Investment, shall be de-
posted by the STATE Treasurer in
accordance with with law regu.
lating deposits of state funds
The fact that larEe sums are held
back by The Commissioner seems to
imply from the above a violation OF
law. The facts sg,u to be as fol.
lows:
The grants from 'he United States
have been Of two Eiuds-thc school
grants OF sections g, iG, 80 and o6 In
each surveyed township and grants OF
various amounts OF acreage 20 be
selected for yariou- purposes school
lands are also 4 ated subject TO
prior rights and excepting mineral
lands. The state. however, II a given
school section - Not secured. bias a
right 70 what Ia KNOW as an linden.
nifty selection" a very large guam.
tity, reported by the Commissioner as
A,1291o3G Ga acres, OF these indemnity
selections have been available to tho
State. The State has selected 2,93l,.
504.60 acres and the federal govern.
ment has approved G33, 29U.2s Of these,
leaving some $500 900 acres N pro-
cess OF selection; that a., such selec-
lions have been made 10y tho state
but are awaiting approval by the De-
partment Of the Interior in Washing.
ton.
A practice OF long standing with re-
spect TO state and territorial selec.
tons led the Gem '.neT 20 estab.
lish "a an office rule that ten per cent
OF the proposed purchase price from
the State should be deposited with
each application o. !urgla az an
evidence OF good faith. This practice
has been 10 select lands at the re.
quest OF persons q ring to buy but
who could not legally purchase from
the United states because Of the linn.
itation upon the amount o. land any
n person may secure and the re-
duirsmcuts OF homestead entry. The
Commissioner has continued this
practice but 10 protect tho state has
demanded the deposit above men.
toned.
AZ soon az the selection has been
made by the Stat. and pending ap-
prevail from Washington, 'Ae iutond.
ing purchaser usually goes into pos.
session and Is perwittct 20 fence The
land After the state election Ia ap-
proved the Comm H'0nor proceeds
a. provided bg law u sell at public
auction. II the orig ual applicant q
successful al he .tiyD his initial
deposit IL credited on tho purchase
price and paid over 20 the State
Trea. urer. II no oue bids. the deposit
Ia declared forfeited n the Original
applicant Is outbid tie deposit s. re.
funded and the pug.l. .I. lirst ray,
mon' Is turned over 90 Tho Treasurer
Because OF the delays Of the federal
government In acting upon state se
i~sctious a oUs lerable period OF time
frequently !~Uterycnos between the
selection and sale during which the
applicant uses the land and the bank
uso7 the deposit money
The Conn ssionos explains that In
hi. opinion tho land Is not state land
until the election IA approved an,
that consequently the deposit on the
pr1pu cd sal. OF what tho state doei
NOT WI ls not state money.
Section 1888 IL significant on THU
and the following point. II reads:
Section 1888
Failure by a purchaser NJ state
lands 10 comply with the terms
and conditions OF his contract Of
p%urchasc shall At the option OF
the Commissioner, work a for.
felturo OF such contract after no.
tice rs prescribed by section
Bl0s.
In case OF forfeiture all monies
therefore paid on any such con.
tract shall remain the property
OF the State.
n Ia further cpptCndad that tkar,