Western liberal. (Lordsburg, N.M.) 1887-1919, 1916-11-03
The Deposit FUnd Criticism.


The other criticiS m 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 q &tS lands for pur-
chase, the necessity for a deposit to
insure performance Of the contract,
when the selection had been approved
by the federal government, was OBJ
vious. The approvel Of state land Sc
lections in the department of the lin
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 nave
run up to nearly 9760,000. These
funds are not stats funds. They are
the property of tbs prospective pur-
chasers and are bSld by the Land
Commissioner in TIE same way that a
certified check is held by an archi-
tect from a contractor bidding on a
piece of constructors. They are trust
funds which the land commissioner
has no other power than merely to
keep in safety. THIS has been dons
by depositing these funds in banks all
over the state which have been will
ing to make the necessary surety
bonds to properly protect the deposits.
Not all banks have been willing to
take in these funda since the period
Of their holding is uncertain, depend.
ing entirely on tho time when the In
terror department may see fit to ap-
prove the states selections of land APP
piled for.
The attorney general OF the state
has ruled that the Land Commission,
err has no option but to keep these
funds just ss he is now keeping them.
and the United States attorney for
New Mexico, in a recent written opin-
ion to the attorney general at Wash
ington held with the attorney general
OF the state. Thus there has been no
option on the 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 a man who cares for an easy life.
It Is a working business mans Job
and requires close and constant At.
%tention year in and year out. The Dc.
tail handled through the department
is enormous. Its banking transactions
alone are far larger month by month
than the total transactions of most
small banks. Its field is the whole
state, and the number Of lts clients
is increasing by leaps and bounda, ~
is indicated by the enormous n,
creases in the revenues,
Land Commissioners Ervien has had
a thorough schooling In the work Of
the department. He has given II hia
entire and undivided attention since
he took the position. He brought 10
it the judgment and ability of A man
Of unusual grasp Vt large affairs, COR,
bined with the unusual quality Of
grasp Of detail, He has added 20 this
equipment q knowledge OF the state
lands and Of the state as a whole that
Is profound, ard an understanding az
the needs Of the department and OF
The state that ia comprehensive. He
was n Of the best equipped men in
the state for the job when he took It
nearly ten years ago, and in the in.
%teryening years he has acquired a
knowledge and an experience which
any man, no matter what his ability.
would require an equal time 10 a.
0uir0.