The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1917-02-08

work OF the state publlclty bureau, now
a part Of the land department, through
which the advantages Of state lands
are being directly exploited, in con-
~nection with work for the general de-
velopment Of the state.
The report shows a considerable
acreage of state land selected but not
CLEAR listed" or approved by the In
terror Department, a clear list" be-
ing the equivalent of n patent to the
state. Delay in this "clear listing"
at Washington has resulted in piling
up in the hands of the land commits
sioner large sums of money, required
as deposits to insure good faith where
ever land is selected by the state for
an applicant who desires to purchase
This deposit is ten per cent of the
minimum price at which the land may
be sold and the system was installed
under the state land code of 1912 TO
protect the state ard insure carrying
out of the contract when a clear
list" has been secured. This escrow
money now totals about 100000. No
one has questioned the wisdom of re-
quiring the deposit. 1t was proven
IuuTliiE lHS Ddol s'di "hNii ~ iak aP-
plicant to purchase forfeited Sl2, 1000
to the state as the price for changing
his mind. But there has been consid-
cradle discussion as to who should
have the custody of the money. When
the escrow fund first began to assume
proportions the land commissioner ask
ed for an opinion from the attorney
general, Frank W. Clancy. as to where
and by whom this money should be
kept. The attorney generals opinion
was that this money did not belong
to the state and that it could not be
paid into the state treasury, since
there was no fund in which TO place
it and no authority of the law by
which the state treasurer could re-
ceive il; that once in the state reas-
ury il could only be withdrawn by leg
islative enactment and that the com.
missioner had no option but to retain
the money in trust under proper pro-
lection. pending approval Of each sc.
lection and completion Of the contract
Of sale, or return of the deposit to the
intending purchaser should he prov.
an unsuccessful bidder at the 7ale.
I7Iis Opium later Was confirmed by an
opinion Of the Uni ed States attorney
, for New Mexico, Mr.. Burkhar. VIII
was instructed by the federal govern
ment to inquire into the custody Of
this fund and who advised the depart
t ment that he saw no other way in
, which it could be cared for. The po-
, sition of the land commissioner is that
he has no option but to care for these
5 funds in properly bonded repositories
= as is now being done, pending legis.
lation which will provide some other
t disposition Of the lands which will pro.
! tect the state and the depositor. This
( problem is likely to be eliminated in
{ the very neal future since "clear list
ing" is now proceeding rapidly and
will be hurried by the necessities Of
the 64O-acre law. The present de
o posts Of 5000, 900 is expected to have
G been disposed Of either to the state
treasury or refund to the applican'
e within six months, through "clear list
e ing" of the lands and completion o.
the sales.
That section of the land commission
e er's report detailing operating cos
n of the state land department probabl!
o is causing more interest at presen
e than any other feature because o.
criticism Of the department by Cover
: nor de Baca in his message to the leg
islature on the ground of extravaganza
and in course of which the governor
q statement says that THE Cost Of Mail
- %tenance is now more than IL per cen
of the income, which is excessive"
. The printed report shows that tn
operating cost of the department II
y 1915 was eight and four-tenths pc
9 cent of the income and that in 1871
it dropped to seven and fourteenth
d of the income, the lowest in the his
. tory of the department. The tabula
. ton also shows that only once durinI
x the ten years Commissioner Ervie'
y has held the office, under territory an
~ state, has the operating cost reache
. ten per cent Of the income, that beinI
q in 1911, the year statehood was as
. sumed, when the income virtual
- ceased, due to the cancellation Of a
territorial leases and the necessity O
q renewal of all leases under the stat
a government.
~ JONeTHOT McDOTdlu, III MS HcaoaS
9 to the 1915 Legislature after three year
81 in office during which time he serve
"a actively as a member of the stat
y, land selection board and was familia
= with all the operating detail of tn
Is Office and field work Of the state Ian
"a department, said:
~ ~ invite your attention especial
~ to the report Of the state land commits
IS sioner. The responsibility of that Of
q flee is as great as that Of any in tn
~ state and the work required and dor
q in the Office probably greater than an
g other office. The work is very diff
"a cult and cumulative. Very few peop'
~ understand the situation as it is an
"a therefore do not appreciate the MAJ
- nitude of the work and the real diff
"a culties of administration"
. The years referred to by GovernC