New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1917-01-26
STATE HAS NO RIGHT
TO FUNDS IN HANDS
OF COMMISSIONER
MONEY NOW HELD BY LAND
DEPARTMENT IS MERELY
IN ESCROW LAW TO PLACE
1T IN HANDS OF TREAS.
URER NOT GOOD
A Spirit Of EAirness.

A Spirit of Fairness.
In contradiction to the late cam
,aign, the present attitude OF the
public is now one composed of un-
biased fairness. That the right |
may be obtained in this
Uttered state of affairs, and the ex-
ent to which the claims of dis
-egarded wing of the Democratic
are trying to raise un-
pleasant fumes about one of the
state departments, presumably be-
:ause in a flush of partial victory
hey want their hands on every ar
cry of the state, in order we say,
to present a fair view of the mat
ter we quote at length an article
this week in the leading
Democraticpap er Of the state,-the
Albuquerque Evening Herald:
There has been much discussion
recently regarding the fund held by
the commissioner OF public lands in
New Mexico, this representing the
proceeds from sales and leasing OF
state lands. A bill is now before the
legislature introduced by Senator
Smith OF Union county providing
that all such monies received by
the state land commissioner from
the sale or lease Of state lands or
to buy or lease said
lands, shall be credited by the COM
to the separate funds
created for the respective purpose
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 in certain interest-bearing
bonds. Should it not be possible to
obtain sufficient bonds to take up
the entire amount, the balance is
to be deposited in banks of the
state and is to draw interest.
Very few people have gotten. to
the root of this matter, and while
this article may fall somewhat
short of clearing up all the points
connected with this much discussed
subject, we hope it may serve to
correct an apparent erroneous inn
preston now prevalent in the minds
of a majority of our citizens.
WNcn NeW mCNiSo WaS 6"vs
statehood it received from the ted
eral government approximately T.
100000 acres of land for the benefit
of state institutions and general
educational purposes. The land re-
ceived and the purposes for which
the proceeds were to be used fol-
lows: University purposes oOOO
,crss. for oubiic buildings hereto
fore erected or hereafter erected
100000 acres; for insane asylums.
100000 acres; for penitentiary, l0O.-
900 acres; for school for deaf, dumb
and blind. 100000 acres; for miners
hospital $4,000 acres; for normal
schools, 100000 acres; for charitable
institutions, 100000 acres; for agri-
cultural college, 10000 acres; for
military institute 100000 acres; for
the payment of the bonds and in.
terest thereon of the Santa Fd and
Grant county railroad bonds, l,OU.-
900 acres. These bonds are an issue
of about 100000 which were de-
clared invalid by the supreme court
of the United States and later vali-
dated by an act of congress.
In granting this land to the state
the federal government specifically
stipulated how the proceeds there
from should be paid and taken care
of. 1t was also made the duty of the
attorney general of the United
States to prosecute in the name OF
the United States, and in the court
of the United States, such suits at
law or in equity as might be neces-
sary to enforce the provisions OF
the grant.
1t was also stipulated that the
state should select the land and the
government would clear list it-that
is, 60 through the formality of re-
inouishing government control over
the land and give it to the state
However much of the land-perhaps
the majority of it-never has been
clear listed. Just whose fault this
is, if anybody's is not apparent Il
must be remembered though, that il
is no small Job to pick out eight
or nine million acres of land and
then have the department at Wash
ington clear list it with one stroke
of the pen. Government busines:
does not move with such rapidity.
Now, a man comes along and
wants to buy or lease a certain
tract of land 1t is classed as state
land or school land. The land com
missioner is authorized to take thu
mans money, which binds the bar
gain. In due course of time the lanc
viii be clear listed by the govern
ment, nodoubt. the land will actual
" become the property of the state
and the transaction holds. II, how
ever, some unforeseen difficulty
should arise the land commissioner
NAV have to refund the amount the
man has paid. Therefore, it is OBJ
yious that until the land actually
comes into the possession of thu
state. all monies paid to the lar'
commissioner on such 'and do no
belong to the state; they are me
rclv held in escrow by him pendint
adjudication of the matter. Should
the legislature pass a law requirins
this fund to be turned over to thu
state treasurer and be deposited b,
him to draw interest, the stat
would be profiting from interes
on money which did not belong t.
it. and when it became necessary t.
make refunds in land transaction
which frequently has to be done
there would be no way by which TIL
land commissioner could make TIL
refund without a legislative appro
or;,t;on fherefor