The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1919-12-31

tinted states District Attorney
Summers Hurkhart has received ue-
cislon OF the supreme court OF 'he
United statea In the case Of kopsft
T.. Ervein, commissioner OF puple
lands OF the state OF New Mexico. APP
pellnnt. " the United states OF Am-
erica. appealed from the federal cir-
cult court OF appeals fOr the eiHhth
district. which n~ustains the contention
of the government In that no MONEYS
received from the sale OF public land
grants TO the state may be useu Tor
any purpose whatsoever but that pro
Vlded for IN the enabling act OF con-
gress under which such land grants
were made and confirmed.
This decision, according 10 the
United States attorney, covers we
same questions aH are involved IN inc
suit filed by him In the federal couft
10 restrain the officers OF the state
from carrying out the provisions Of
the soldiers settlement law passed ny
IA last state legislature, under winch
provisions are made for humorous w
penditures of money! derived from
This land. Including salaries Tor on
GERS In connection with tho dlsposl
ton of the lands and other eNpendi-
lures. A temporary injunction mas
heretofore been granted restfalhlhs
the expenditure OF any money under
that net. The case will be- argued on
Monday at Santa Re.
The opinion, which was delivered
by Justice Mckcnna follows;
Suit to cnloin the expenditure by
appeilant. Commissioner Of fubliC
Lands OF the state Of New Mexico, Of
any OF the FUNDS derived from the
sale and lease OF lands granted ana
confirmed TO the state by the act ad-
hitting her into the union lhe
right to sell or lease IL asserted nm
- 49, AAwNaA nm.
Titled AN Act concerning the fnb-
liclty and Promotion OF Public Re
sources and Welfare
The Enabling Act vas passed June
90, 1910, and on August ~, 1911 uy
n Joint resolution of the Senate ana
House Of Representatives New Mexico
and Arizona were admitted into the
Union upon an equal footing with the
original states.
lily the Enabling Act certain grants
OF public lands were made to New
Mexico for purposes OF which there
WAS a specific enumeration.
II IL provided by Section 10 OF The
act that the lands granted and tfans,
fcrred thereby shall be by the SAID
state held IN trust. to be disposed OF
In whole or In part only In manner
as herein provided, and for the sew
ergl objects specified In the respective
and confirmatory provisions,
and that the natural products and
money proceeds Of any OF u sald
lands shall be subject 90 the sane
trusts as the lands producing The
same"
And Il is further provided that tho
diEposition Of any Of said lands or
OF any money or thing OF value d.
/. rectly or Indirectly derived therctrom
, Tor any object other than that Tor
1 which such money or thing OF value
- 49,. 49,, IsrHg.A NNNFR m
Nor confirmed, or IN any mnnner con-
)trary to the provisions of this act
shall be deemed a breach Of trust
IL il made the duty Of the Attorney
General OF the United states To prose-
cute In the name Of the United states
such proceedings at law or IN equity
ns may be necessary to enforce ne
provlsions OF the Act relative TO the
! application and disposition Of the said
| lands and the products thereof ana
THE funds derived thcrefrom.
The constitutional Convention was
reauired 10 provide. by an ordinance
I~rr,.vocable without the consent Of ne
United States and the people OF ne
state. that the State aud It's peunl"
consent to the provisions OF as'
and the constitution Of the state ala
80 provide.
The LEGISLATURE ~ the State on
March \, 1915, passed over the Gov
ernor's veto an act entitled rs We nave
designated. the first section Of which
IL as follows:
sec. 1. II shall he unlawful for
the Commissioner Of Public Lands in
expend for making Known the resouf-
ceS and advantages of this state gen
orally and particularly tn hoineseek-
ers and Investors. more than three
rents on the dollar Of the annual In
come OF his onire from Eles ana
leases OF lands, but. up to such limit
OF money annually. he may give or
10 he given publicity To SUCH re-
sources and advantages, y do or
cause to he done all incidental work
in his judgment advisable To be
done"
The Commissioner receives from
sales and leases Of the lands granted
a large income annually. the income
for the ear ending December 81
1914. being approximately f7il 600.
and he threatens to cNpend three
cents on the dollar Of the annual iu-
come derived from sales and leases ga
give publicity to the resources and id'
Vantaget of the State generally W
conformitl with the act Of the legs.
lature OF March 5. 1915, and, unlc-.
restrained, will do ~.
The answer. though In form "a de-.
rial OF some Of the averments Of th'
hill aud an admission Of others, D.
really an objection to it's sunicienrl
TO authorize the relief prayed, and me
sssslA tSsssss
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