The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1916-07-13

aimed by the Attorney General.
Section 5lS7 provides for q refund
n certain cases.
Section blS7.
Any money enormously paid on
account OF any lease or sale Of
state lands shall be repaid by
voucher drawn by the Commits
sioner presented to the state
Auditor who shall draw his war.
rant upon the state Treasurer
for the amount thereof, who shall
paw the same out OF the fund to
the credit OF which said money
was placed.
In the opinion OF the Attorney Gen.
eral, this section does not cover the
case Of refunds resulting from the
rules OF the department. II would
seem that by inference, section 52sS,
which gives the Commissioner an or
ion to waive the forfeiture OF a con-.
tract might also authorize him to re
fund deposits made on account OF
UGH contract
Reluctantly. We have come 10 the
conclusion that neither the facts nor
he law warrant the present manner
Of handling the Land Department
funds. To this conclusion We have
urrlyed Tor the following reasons
T. II the Commissioner Las any
light whatever to receive the deposits
demanded pending sale II Is only be
.ausc OF his authority as Commits
iouor. For this reason, whether the
state can perfect title or not, whether
Iotunds cu. lawfully be made or not.
The funds so received are state funds
and should be, under the law, In the
custody OF the State Treasurer.
2 The fact that the State would
he bound by the contract TO refund,
II the Commissioner has any right to
make such a contract, still furthet
stamps these funds as state funds
and to be safeguarded in the name
prescribed by law.
g. In the present manner OF dis
posal these funds are unsafe. The
Commissioner 10 under bond OF only
$4,000 and except as he may try 20
urotoct himself the state 10 unpro.
fected against a bank failure or an
ombezzlcment, except as to only
even per cent of the funds held.
I. The resent n OF handling
he land funds d~eprives the State Of
n income from deposits or otherw i-,
10 which II is entitled.
o. In the hands OF a commissions
disposed to make political use OF
'hesc funds a deposit account of 5000.
30 could be subject to serious abuse
Statements three and five above
lave no reference to the present
commissioner. This Ia a statement
ut facts only and OF possible results
OF such facts.
The pre- -ent Commissioner, we b.
'iove, 10 sincerely OF the opinion that
he present method Is altogether dc.
'ensible and proper. We are forced
to disagree with this conclusion. II
these funds are not ooner paid TO the
Treasurer W. strongly recommend
legislation or court action which will
either forbid the deposit system or
which will compel the payment OF
these funds to the Treasurer, and, n
legislation, provide for making proper
refunds out Of the treasury.
Credits to the Department A~ppropria.
tlon.
Attention Is called to the language
Of section $3.50 quoted above. The APP
preparation made by this section 10
clearly from the income OF state lands
only and not from the capital OF the
tunds nor from the income OF capital
sums after tle lands are sold, Never.
theless, the credits TO the land office
maintenance have been made equally
from income and capital. The
amounts credited from the capital
funds during the year under examlna.
lion were IN follows:
First
Diverted Returned