New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1916-11-03
The Deposit Fund Criticism.

The Deposit Fund Criticism.
The other criticism which has been
directed against the land department
during Mr.. Ervien's administration,
has arisen very recently. and is due
! to a condition over which he has had
no control. In order to insure good
faith on the part of persons applying
for selections of state lands for pur-
chase, the necessity for deposit to
insure performance Of the contract.
when the selection had been approved
by the federal government, was OBJ.
vious. The approval Of state land se-
lections In the department Of the In.
terror at Washington during the pres.
ent administration has been painfully
slow: SO slow at times as to give an
impression Of deliberate delay and
possible obstruction. Because Of these
delays in approval of selections. the
deposits by intending purchasers have
run up to nearly $750.000. These
funds are not state funds. They are
the property Of the prospective pur.
chasers and are held by the Land
Commissioner in the same way that y
certified check is held by an archi.
tect from a contractor bidding ON a
piece Of construction. They are trust
funds which the land commissioner
has no other power than merely to
keep In safety. This has been done
by depositing these funds in banks all
over the state which have been will
ing to make Ihe necessary surety
bonds to properly protect the deposits.
Not all banks have been willing to
take in these funds since the period
of their holding is uncertain, depend
ing entirely on the time when the In
terror department may see fit to ap-
prove the states selections of land ap-
piled for.
The attorney general Of the state
has ruled that the Land Commission
er has no option but to keep these
funds just as he is now keeping them,
and the United States attorney for
New Mexico, in a recent written opn-
ion to the attorney general at Wash
ngton held with the attorney general
OF the state. Thus there has been no
option on tho part OF the land commits
sioner but to continue the funds,
properly secured. as they have always
been held.
This criticism will very soon be re-
moved through the operation of the
land department system. which dis
poses of the lands as quickly as Sc.
lections are approved. The amount
now held in trust will diminish rapid
ly from this time on. and cannot reach
any important total again.
In the meantime the wisdom OF the
deposit requirement has been proven
over and over again. Quite recently
the land commissioner paid into the
state treasury the sum of $4,000,
realized from the forfeit of a single
deposit, in a contract wherein the in
tending purchaser failed to complete
the purchase when the selection ap-
piled for had been approved and had
been rendered to him for final pur-
chase. A considerable number OF
smaller forfeitures have been turned
into the state treasury, making in the
aggregate an imposing total.
A Working Business Mans Job.
The job Of administering New Mex
ico's public lands is no undertaking
for man who cares for an easy life.
&c hng L.,
and requires close and constant at.
tention year in and year out The de-
tail handled through the department
is enormous. It's banking transactions
alone are far larger month by month F.
than the total transactions of most
small banks. Its field is the whole I
state, and the number Of its clients
is increasing by leaps and bounds, as
is indicated by the enormous in !
creases in the revenues.
Land Commissioner Ervien has had .
a thorough schooling in the work OF .
the department. He has given 1t his /
entire and undivided attention since .
he took the position. He brought to
it the judgment and ability of man
of unusual grasp of large affairs, COM
bined with the unusual quality of
grasp of detail. He has added to this
equipment knowledge of the state
lands and of the state as a whole that
is profound, and an understanding of
the needs of the department and of
the state that is comprehensive. He
was one Of the best equipped men in
the state for the job when he took it
nearly ten years ago, and in the in
years he has acquired a
and an experience which
any man, no matter what his ability,
would require an equal time 70 &C
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