States land commission the selection and location of all lands to be watered by such irrigation works, and when so selected the same shall be under the management of the commissioner of public lands, and when capable of being irrigated may be sold in tracts of not more than one hundred and sixty acres to any one person or association, except as provided by section 43 of this act, at a minimum cost of $3 per acre plus the pro rata cost of said plant to be assessed against each acre of land watered thereby. Sec. 43. May Contract With Persons to Donate Lands Under Reservoirs. The board of control may contract with persons of financial responsibility constructing irrigation works to locate lands under said reservoirs and to allow to such person or association of persons a share of the moneys derived from the sales of said land, not to exceed fifty per cent.; or may contract to locate lands, under proposed reservoir sites and to donate to the person or association or persons constructing the same not to exceed five thousand acres of such lands upon the completion at their or its expense of irrigation system or works sufficient to irrigate and reclaim the amount of land so donated. Sec. 44. May Cause Investigation to be Made to Improve Rio Grande. The board of control shall employ competent engineers to make investigations of the surface flow of the water in the bed of said river, and shall compensate such engineers out of the moneys derived from the lease or sale of lands granted to the territory for the above purpose, and may expend the money derived from the lands granted to the territory for that purpose in the improvement of said river and in increasing the surface flow in the bed thereof. Sec. 45. Shall Have Power to Hear and Determine Appeals.The board of control shall also have power to hear and determine all appeals from the action of the commissioner of public lands in all matters coming before said commissioner for his action. Sec. 46. Compensation of United States Land Commission.Each member of the United States land commission created by act of congress approved June 21, 1898, to make selections of indemnity and other lands granted to the territory by said act shall receive as compensation for his services the sum of five hundred dollars per annum, payable monthly; and the said board is hereby authorized to employ such engineers, clerks and other assistants as it may need, and to purchase such office stationery, supplies and fixtures as may be necessary, and shall be allowed to expend therefor a sum not to exceed one thousand dollars per annum and all such expenses shall be paid out of the funds derived from the leasing and sale of public lands upon vouchers and warrants drawn in the manner now provided for the payment of other territorial accounts and the commissioner of public lands is hereby made ex-officio secretary of said United States land commission. Sec. 47. Commissioner to Keep Transcript of All Selections.—The commissioner of public lands shall keep in his office a transcript of all selections made by the United States land commission, and shall enter at once upon the record book in his office the approval of the secretary of the interior when made, of all locations of land for institutional or other purposes. Sec. 48. Townsites on Territorial Lands.-Whenever any of the school sections or other land of this territory shall become valuable or desirable for manufacturing or for townsite purposes, the commissioner of public lands may in his discretion cause or permit the same to be sub-divided into suitable tracts or surveyed into lots and blocks with the usual reservation for streets, alleys, and public reservations and shall cause appraisements to be made of such subdivisions and of said lots and blocks in any suitable manner and shall prescribe rules and regulations not inconsistent with the provisions of this act for the use and occupancy thereof and may, in his discretion, lease said lots, blocks and sub-divisions for any determinate period not exceeding five years: Provided, That in leasing of said lots, blocks and sub-divisions all of the provisions of this act regarding improvements, preferred right to release and transfer of leases shall apply to the leasing of lots, blocks and other sub-divisions so far as the same shall be applicable. Sec. 49. Trespasser.-All persons are forbidden to enter upon and occupy, or in any manner use for agricultural, grazing or other purposes, any lands that are now owned or hereafter acquired by the Territory of New Mexico, without first obtaining permission from the commissioner of public lands and all persons will take notice that any such trespass will be promptly prosecuted and the trespasser held liable in damages and that unless prompt settlement is made, suit will be instituted by the commissioner of public lands. Sec. 50. United States Land Office Fees.-The auditor of this territory shall make a levy each year on all taxable property in this territory sufficient to raise the amount of thirty-six hundred dollars each year, for the purpose of providing a fund to pay the United States land office fees, for lands selected by the United States land commission, created by act of congress approved June 21, 1898, which fund shall be expended from time to time as required under the direction of the commissioner of public lands upon vouchers and warrants drawn in the manner hereinbefore provided. Sec. 51. All business pending before the commission of irrigation which shall not have been fully disposed of when this act goes into effect, shall be turned over to the board of control and disposed of by said board or the commissioner of public lands under the provisions of this act, and all contracts shall be carried out with the same effect as if this act had not been passed. Sec. 52. The commissioner of public lands is hereby authorized and directed to contract for the sale of and to sell for cash, after due publication of notice thereof, ten thousand acres of the lands heretofore selected for the New Mexico College of Agriculture and Mechanic Arts and five thousand acres of the lands heretofore selected for the institution for the blind, located at Alamogordo, at not less than the sum of ten dollars per acre, and the moneys derived from the sale of such lands shall be disbursed by the respective boards of regents and managers of such institutions for the purpose of the construction of permanent improvements. Sec. 53. Certain Acts Repealed.-All of Chapter LXXIV. of the acts of the thirty-third legislative assembly of New Mexico, approved March 16, 1899, except section 2 of said act as amended by Section 1 of Chapter LXIX. of the acts of the thirty-fourth legislative assembly of said territory, and all of said chapter LXIX. of said thirty-fourth legislative assembly approved March 20, 1901, except section 1 of said last mentioned act, also all of chapter LXXVIII. of the acts of the thirty-fifth legislative assembly of said territory, approved March 17, 1903, and all other acts and parts of acts in conflict herewith are hereby repealed. Said Section 2 of Chapter LXXIV. of the acts of said thirty-third legislative assembly and Section 1 of Chapter LXIX. of the acts of said thirty-fourth legislative assembly, above excepted from this repeal, are expressly continued in force, and the commissioner of public lands now in office, shall continue in office until the expiration of his present term. unless a vacancy arises in a manner otherwise provided by law. Sec. 54. This act shall take effect and be in force from and after the expiration of sixty days from the date of its passage and approval. CHAPTER 112. AN ACT PROVIDING FUNDS AND MAKING APPROPRIATIONS CONTENTS. Sec. 1. Payment of interest on bonded indebtedness. Provisos. Provisos. Sec. 2. Support and maintenance of territorial institutions. Sec. 7. Sec 8. Proviso. Sec. 9. Sec. 10. Sec. 11. Board of election canvassers to send election returns to capital. Proviso. Appropriation for territorial library Section 1, Chapter 97, Laws of 1903, regarding the use of penitentiary material and labor, amended. Account of auditor to draw warrant in favor of superintendent of penitentiary. Miscellaneous fund. Proviso. Sec. 12. Insurance. Provisos. Sec. 13. Pay of clerk of district court. Sec. 14. Appropriation for protection of residents of Mimbres Valley from floods. Sec. 15. Sec 16. Surplus at end of fiscal year to be transferred to credit of following fiscal year. Sec. 17. Appropriations for fifty-seventh fiscal year, extended to fifty-eighth. Ex ceptions. Sec. 18. Proportional distribution of territorial taxes collected, among various appropriations. Sec. 19. Territorial auditor to levy tax. Sec. 20. Provision in case any legislative assembly fails to pass appropriation bill. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. For the fifty-seventh fiscal year the following appropriations hereinafter specified or so much thereof as may be necessary are hereby made and directed to be paid for the purposes hereinafter expressed to-wit: For the payment of interest on the bonded indebtedness fifty-two thousand two hundred ($52,200.00) dollars: Provided, That whenever the moneys in the interest fund are insufficient to meet the payment of outstanding interest coupons, as they mature, it shall be the duty of the territorial treasurer to borrow temporarily a sufficient sum to make such payments, and for such purpose the said treasurer is hereby authorized and empowered to make and negotiate the necessary loan on the best terms obtainable, at a rate of in terest not exceeding six per cent. per annum: Provided, However, That any surplus of any other fund on hand not otherwise appropriated may be first used to pay such deficit before borrowing. The auditor of public accounts shall countersign any and all papers necessary for the negotiations of such loan and charge the proceeds to the treasurer, and the treasurer shall redeem such paper out of the interest fund whenever there shall be money in such funds available. Sec. 2. For the support and maintenance of territorial institutions there is hereby appropriated as follows: New Mexico College of Agriculture and Mechanic Arts. . $12,000.00 University of New Mexico...... New Mexico School of Mines... New Mexico Normal School, Silver City. New Mexico Normal University at Las Vegas.. New Mexico Military Institute at Roswell.. 18,200.00 14,000.00 14,000.00 14,000.00 14,000.00 New Mexico Insane Asylum at Las Vegas, or so much. thereof as may be necessary.... 60,000.00 Provided, That after January 1, 1907, the board of directors of said asylum shall appoint as medical superintendent of said asylum a physician who shall reside at said asylum: Provided, That there is hereby further appropriated all moneys heretofore or hereafter collected and turned into the territorial treasury derived from the proceeds of a levy made and collected under the provisions of Chapter 69 of the Session Laws of 1901, being an act providing for geological surveys in the Territory of New Mexico, and the territorial treasurer is hereby directed to transfer all such funds now in his hands or that may hereafter be paid into the territorial treasury on account of the said geological survey fund to said New Mexico insane asylum at Las Vegas. Provided, That the last five named institutions are hereby authorized if necessary to use the proceeds of the funds hereby appropriated for maintenance towards the completion of the buildings of said institutions and for the purchase of permanent fixtures and equipment required therefor. Such expenditure if made, to be done under the direction of the respective managing boards of such institutions. |