The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-01-22
STATE HAS NO RIGHT
TO FUNDS IN HANDS
OF COM MISSIONER
Money Now Held by Land De.
partment Is Merely in Escrow ;
Law to Place II in Hands Of
Treasurer Not Good, Many Hold.

There has beer much discussion re-
Gently regarding the fund held by the
commissioned OF public lands In New
Mexico. this representing the proceeds
from sales n leasing of state lands.
a bill Is now before the legislature M
PRODUCED By Senator Smith of Union
county providing that all such monies
received by the state land commissions
err from the SALE or lease OF state
lands, or application To bus or lease
said lands shall be credited by the
commissioned to the separate funds
created for the respective purposs
named In grants by congress. or
otherwise. that he shall pay All such
monies over to the state treasurer and
that the latter shall invest the fund
Ia certain bearing bonds.
Should II not be possible to obtain
sufficient bonds To AXE up the entire
amount, the balance Is to ne deposited
In banks OF the state. and is 70 draw
interest
Very few people have gotten to the
root Of his matter. and while this ar
ticlc may fall somewhat short OF clear
ing up all the points connected with
this much discussed subject, We hope
II may serve 20 correct an apparent
erroneous imp ession now prevalent IN
the minds of u majority OF our Citi-
zeLS.
Whom New Mexico was given state
hood u received from the fcderal gov
eminent approximately 5000. 900 acres
OF an for the benefit OF STATE insti-
buttons and general educational pur.
poses. The land received ana tho pur-
poses for which the proceeds were 20
De used follows Juiycrsits purpose
100000 acres. for public buildings
heretofore erected or hereafter erected
100000 acres. Tor insane isyluns.
100000 acres, Tor p~eritentiary. t00.-
oo9 acres. f0T school for deaf. dumb
and blind, 100 000 acres. for miners
hospital $4,000 acres. for normal
schools. zoo. 600 acres. FOR charitable
institutions. 100. 900 acres: for neri-
cultural college, $50. 000 acres. for mil
iiary institute 100000 acres. Tor the
payment OF the bonds and interest
thereon OF the Santa Fc and Grant
county railrOad bonds. 600
acres. These bonds are an issue of
about 81. 100000 which were declared
invalid by the supreme court of tho
United States ana later validat.d by
On act 90 congress.
w nfhH'|HNAE I" NNIAHA 100 INV NaANI .
the federal government sp.cIncalls
stipulated how the proceeds therefrom
should Doe paid and taken care, OF n
was also made the duty ~ the .ttcrnc, I
general ~ the United States Co pros
ecutc IN the name of the United
states. and iu the court ~ tho tt..oi
states. such suits at law or in equity
as might Doe necessary To- cnfurce the
provisions OF the grant.
II was also stipulated that the state
shouid select the land and the gov
eminent would clear list it-thut IN,
80 through tho formality 81 "r,.l.uish.
Ing -fo'ornment control over the land
ana give IL 10 the state. However
much Of the laud-porhaps the ma.
JuTitv of lt-ncFer has been clear list
ed just whose fault this b.. IL any
hody's. is not apparent n must lc
remembered though. that il is uo small
job To PICK ont eight or nine million
acres ~ land and then nave the de-
partncnt AZ Washington clear list Il
with ono stroke of the pen. Govern
ment business does not move with
SUCH rapidity.
Now % man comes slorG and wants
20 buy or lease a certain trnc, ~ land. I
II h. class"d as state land. pr school
land. The land commissioner Is au.
thorized 10 TAX" the mans money. |
which binds The bargain. I'm duo rourge
of time the land viii he clear listed by |
the government, mo- doubt. the land
viii actually become the opcr 81
the state, ana tho transaction holds |
IT, however some unforeseen difficult /
IS should arise the land commission |
er NAV have 10 refund the amount tho