New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1917-01-26

Ao~S AAolOsbSy VI SoS SVMSGYN0 -
stituted BY the state have bees de-
termined in favor of New Mexico
This vas the case In deciding the
status of . contested school section
in the town of Gallup which the gov.
eminent refused to concede. This
contest involved 10 acres of land
which we're claimed to be coal land
and therefore lost to the state a
school land. Upon appeal the de.
partment awarded the state eighty
acres Of this land but the fact SEEM
ed to warrant the belief that title to
all of it could be secured by taking
the case to the Supreme Court OF
the United States. Accordingly spe-
cial counsel was employed to prose-
cute the appeal, which is now pend
ing before the United States SUI
preme Court, A large number Of
people had settled upon this land
which is a valuable townsite. and it
is confidently believed that title to
the whole tract will be confirmed
in which event these settlers can
secure title through the state. Up
on the final decision in this case
will hinge the decisions of the De-
partment of the Interior in pract-
ically all of the similar cases now
pending.
"Of the little more than 10000
acres which actually remains un-
selected the greater part is being
held in allegiance at the instance of
prospective purchasers or lesees of
considerable tracts who desire to
make purchases or leases of lands
not yet surveyed by the federal gov
eminent. Until these w have
been made the state canot make Sc
lections and the acreage on which
selection is pending is therefore
likely to remain in suspension for
some time, since it is clearly to the
best interest of the state to secure
land for which there is immediate
demand from responsible citizens.
Sections 2, 10. 81 and SO, in each
township, are granted to the state
absolutely, unless known to be min
eral or coal bearing, or otherwise
appropriated or reserved at the
time Of the grant. When these Sec
tons were found so used prior to
the grant the state was entitled to
select lands in lieu thereof, these
lands being commonly known as
lieu lands. Sections 2, Is, 81 and e
we're non-minerat or unappro-
priated at the time of the grant alb
solutely passed to the state and the
state has absolute title. Only such
lands are carried on the records of
the office as absolutely belonging
TO the state. All others are carried
unsolicited" The state has
made its lieu land selections in lieu
Of school sections which were in
in forest reserves and other
wise appropriated at the time of
the grant, and is disputing the claim
Of the United States to the area re-
to above wherein the United
States has refused to vest title on
ground that the land is mineral
coal bearing, believing that title
hereto does vest absolutely in the
'tate. Lands granted for state in
ititutions and lieu lands must be
elected from the public domain by
he state and title thereto does not ,
until the Secretary Of the Inte-
ior approves each selection and is
;ues the equivalent of a patent
hereto, known commonly as a "%clear {
ist.' However. after the lands have
'een selected by the state and the
election lists are filed in the local
ederal land office the land Is re. {
erved from settlement by any other /
and these lands are those to =
'hich reference Is made herein as a
ands to which the state has "equit- ;
bic" title. While lands to which h
he state has such equitable" title T
annot be sold until the clear list !,
) issued, they may be leased, and r
therefore, come Immediately under r
he administration of the state land
ffiee.
Selection Of State Lands. :
The commission for the selection
( state lands consists Of the Gov
rnor, who is chairman Of the COM
the Attorney General, and
he Commissioner Of Public Lands.
he Commissioner of Public Lands
secretary and locating agent for
he commission and all expenses in
ident to selection of lands is paid
the maintenance public lands
ind, including examination Of lands,
work in preparation and fill
,g OF selection lists. correspondence
18th the department at Washington.
of notices, etc. The fees
to be paid to the registers
nd receivers of United States land
however, are paid from other
AS indicated heretofore the se-
.ction of the grants made to the
tate ha: been practically compiet-
Applications are on file in this
for all unsolicited balances,
selections to be made from lands
OF yet surveyed, applications for
having been made by the
with selection in view. There
re now pending before the Interior
selection lists which ag-
2,l05,270.08 acres, being in
:itutional lands and lieu land Sc
.ctions not yet acted upon by the
apartment, and when these are
nally approved the selections will
e complete.
Recommendation
"The following recommendations
re respectfully submitted:
l. That the law be so amended as
!, provide that the permanent funds
all schools and institutions, de-
we'd from the sale of state lands,
lall be invested in interest bearing I
onds and that only the interest de-
we'd therefrom shall be used by
lch schools and institutions, the
ornament funds to be kept intact
'rever. This recommendation is
with regard to the pub
; buildings at the capitol fund, it
ling urged thai the law be made