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the board of trustees may prescribe.

Withdrawals shall be paid from the deposits in the state or territory, so far as the postal funds on deposit in such state or territory may be sufficient for the purpose, and, so far as practicable, from the deposits in the community in which the deposit was made. No bank in which postal savings funds shall be deposited shall receive any exchange or other fees or compensation on account of the cashing or collection of any checks or the performance of any other service in connection with the postal savings depository system.

Postal savings funds received under the provisions of this act shall be deposited in solvent banks, whether organized under national or state laws, being subject to national or state supervision and examination, and Bank Depositories. the sums deposited shall bear interest at the rate of not less than 24 per centum per annum, which rate shall be uniform throughout the United States and territories thereof; but 5 per centum of such funds shall be withdrawn by the board of trustees and kept with the Treasurer of the United States, who shall be treasurer of the board of trustees, in lawful money as a reserve. The board of trustees shall take from such banks such security in public bonds or other securities, supported by the taxing power, as the board may prescribe, approve, and deem sufficient and necessary to insure the safety and prompt payment of such deposits on demand. The funds received at the postal savings depository offices in each city, town, village and other locality shall be deposited in banks ocated therein (substantially in proportion to the capital and surplus of each such bank) willing to receive such deposits under the terms of this act and the regulations made by authority thereof, but the amount deposited in any one bank shall at no time exceed the amount of the paid-in capital and one-half the surplus of such bank.

If no such bank exist in any city, town, village or locality, or if none where such deposits are made will receive such deposits on the terms prescribed, then such funds shall be deposited under the terms of this act in the bank most convenient to such locality. If no such bank in any state or territory is willing to receive such deposits on the terms prescribed. then the same shall be deposited with the treasurer of the board of trustees, and shall be counted in making up the reserve of 5 per centum. Such funds may be withdrawn from the treasurer of said board of trustees and all other postal savings funds, or any part of such funds, may be at any time withdrawn from banks and savings depository offices for the repayment of postal savings depositors when required for that purpose.

Not exceeding 30 per centum of the amount of such funds may at any time be withdrawn by the trustees for investment in bonds or other securities of the United States. It being the intent of this act that the residue of such funds, amounting to 65 per centum thereof, shall remain on deposit in the banks in each state and territory willing to receive the same under the terms of this act, and shall be a working balance and also a fund which may be withdrawn for investment in bonds or other securities of the United States. but only by direction of the President, and only when, in his Judgment, the general welfare and the interests of the United States so require. Interest and profit accruing from the deposits or investment of postal savings funds shall be applied to the payment of interest due to postal savings depositors as hereinbefore provided, and the excess thereof. if any, shall be covered into the Treasury of the United States as a part of the postal revenue: Provided. That postal savings funds in the treasury of said board shall be subject to disposition as provided in this act, and not otherwise: And provided further. That the board of trustees may at any time disnose of bonds held as postal savings investments and use the proceeds to meet withdrawals of deposits by depositors. For the purposes of this act, the word "territory,' es used herein, shall be held to include the District of Columbia, the District of Alaska and Porto Rico, and the word "bank" shall be held to include savings banks and trust companies doing a banking business.

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Any depositor in a postal savings depository may surrender his deposit, or any part thereof, in sums of $20. $40, $60. $80, $100 and multiples of $100 and $500. and receive in lieu of such surrendered deposits, under such Deposits Exchanged regulations as may be established by the board of trustees. for Bonds. the amount of the surrendered deposits in United States coupon or registered bonds of the denominations of $20. $40. $60, $80, $100 and $500, which bonds shall bear interest at the rate of 2% per centum ner annum, payable semi-annually, and be redeemable at the pleasure of the United States after one year from the date of their issue and pavable twenty years from such date, and both principal and interest shall be payable in United States gold coin of the present standard of value: Provided. That the bonds herein authorized shall be issued only (first) when there are outstanding bonds of the United States subject to call, in which case the proceeds of the bonds shall be applied to the redemption at par of outstanding bonds of the United States subject to call, and (second) at times when under authority of law other than that contained in this act the government desires to issue bonds for the purpose of replenishing the Treasury, in which case the issue of bonds under authority of this act shall be in lieu of the issue of a like amount of bonds issable under authority of law other than that contained in this act: Provided further, That the bonds authorized by this act shall be issued by the Secretary of the Treasury under such regulations as he may prescribe: And provided further. That the authority contained in Section 9 of this act for the investment of postal savings funds in United States bonds shall include the authority to invest in the bonds herein authorized whenever such bonds may be lawfully issued: And provided further. That the bonds herein authorized shall be exempt from all taxes or duties of the United States, as well as from taxation in any form by or under state, municipal or local authority: And provided further, That no bonds authorized by this act shall be receivable by the Treasurer

of the United States as security for the issue of circulating notes by national banking associations.

Whenever the trustees of the postal savings fund have in their possession funds available for investment in United States bonds they may notify the Secretary of the Treasury of the amount of such funds in their Applications for Bonds hands which they desire to invest in bonds of the United by Postal Trustees. States subject to call, whereupon, if there are United States bonds subject to call, the Secretary of the Treasury shall call for redemption an amount of such bonds equal to the amount of the funds in the hands of the trustees which the trustees desire to thus invest, and the bonds so called shall be redeemed at par with accrued interest at the Treasury of the United States on and after three months from the date of such call, and interest on the said bonds shall thereupon cease: Provided, That the said bonds when redeemed shall be reissued at par to the trustees without change in their terms as to rate of interest and date of maturity: And provided further, That the bonds so reissued may, in the discretion of the Secretary of the Treasury, be called for redemption from the trustees in like manner as they were originally called for redemption from their former owners whenever there are funds in the Treasury of the United States available for such redemption. Postal savings depository funds shall be kept separate from other funds by postmasters and other officers and employes of the postal service, who shall be held to the same accountability under their bonds for such funds as for public moneys; and no person connected with the Postoffice Department shall disclose to any person other than the depositor the amount of any deposits, unless directed so to do by the Postmaster General. All statutes relating to the safekeeping of and proper accounting for postal receipts are made applicable to postal savings funds, and the Postmaster General may require postmasters, assistant postmasters and clerks at postal savings depositories to give any additional bond he may deem necessary.

Additional compensation shall be allowed to postmasters at postoffices of the fourth class for the transaction of postal savings depository business. Such compensation shall not exceed 4 of 1 per centum on the average sum upon which interest is paid each calendar year on receipts at such postoffice, and shall be paid from the postal revenues; but postmasters, assistant postmasters, clerks or other employes at postoffices of the Presidential grade shall not receive any additional compensation for such service. The sum of $100,000 is hereby appropriated, out of any money in the Treasury not otherwise appropriated, or so much thereof as may be necessary, to enable the Postmaster General and the board of trustees to establish postal savings depositories in accordance with the provisions of this act, including the reimbursement of the Secretary of the Treasury for expenses incident to the preparation, issue and registration of the bonds authorized in this act; and the Postmaster General is authorized to require postmasters and other postal officers and employes to transact, in connection with their other duties, such postal savings depository business as may be necessary; and he is also authorized to make, and with the approval of the board of trustees to promulgate, and from time to time to modify or revoke, subject to the approval of said beard, such rules and regulations not in conflict with law as he may deem necessary to carry the provisions of this act into effect.

All the safeguards provided by law for the protection of public moneys, and all statutes relating to the embezzlement, conversion, improper handling, retention. use or disposal of postal and money order funds and the punishments provided for such offences are hereby extended and made applicable to postal savings depository funds, and all statutes relating to false returns of postal and money order business, the forgery, counterfeiting, alteration, improper use or handling of postal and money order blanks, forms, vouchers, accounts and records, and the dies, plates and engravings therefor, with the penalties provided in such statutes, are hereby extended and made applicable to postal savings depository business, and the forgery. counterfeiting, alteration, improper use or handling of postal savings depository blanks, forms, vouchers, accounts and records, and the dies, plates and engravings therefor.

The faith of the United States is solemnly pledged to the payment of the deposits made in postal savings depository offices, with accrued interest thereon as herein provided.

The final judgment, order or decree of any court of competent jurisdiction adjudicating any right or interest in the credit of any sums deposited by any person with a postal savings depository if the same shall not have been appealed from and the time for appeal has expired shall, upon submission to the Postmaster General of a copy of the same, duly authenticated in the manner provided by the laws of the United States for the authentication of the records and judicial proceedings of the courts of any state or territory or of any possession subject to the jurisdiction of the United States, when the same are proved or admitted within any other court within the United States, be accepted and pursued by the board of trustees as conclusive of the title, right, interest, or possession so adjudicated, and any payment of said sum in accordance with such order, judgment, or decree shall operate as a full and complete discharge of the United States from the claim or demand of any person or persons to the same.

An act, approved June 20, 1910, provided in its first eighteen sections for the admission of New Mexico under the following conditions: Section 1 authorized the

Admitting New Mexico and Arizona to Statehood.

Mexico.

qualified electors of the Territory of New Mexico to vote for and choose delegates to form a constitutional convention for said territory for the purpose of framing a constitution for the proposed State of New Said convention shall consist of one hundred delegates; and the Governor,

Chief Justice, and Secretary of said territory shall apportion the delegates to be thus selected, as nearly as may be, equitably among the several counties thereof in accordance with the voting population, as shown by the vote cast at the election for Delegate in Congress in said territory in 1908: Provided, That in the event that any new counties shall have been added after said election, the apportionment for delegates shall be made proportionate to the vote cast within the various precincts contained in the area of such new counties so created, and the proportionate number of delegates so apportioned shall be deducted from the original counties out of which such counties shall have been created.

The Governor of said territory shall within thirty days after the approval of this act, by proclamation, in which the aforesaid apportionment of delegates to the convention shall be fully specified and announced, order an election of the delegates aforesaid on a day designated by him in said proclamation, not earlier than sixty nor later than ninety days after the approval of this act. Such election for delegates shall be held and conducted, the returns made, and the certificates of persons elected to such convention issued, as nearly as may be, in the same manner as is prescribed by the laws of said territory regulating elections therein of members of the Legislature existing at the time of the last election of said members of the Legislature; and the provisions of said laws in all respects. including the qualifications of electors and registration, are hereby made applicable to the election herein provided for; and said convention, when so called to order and organized, shall be the sole judge of the election and qualifications of its own members. Qualifications to entitle persons to vote on the ratification or rejection of the constitution formed by said convention when said constitution shall be submitted to the people of said territory hereunder shall be the same as the qualifications to entitle persons to vote for delegates to said convention.

Section 2 provides that the delegates to the convention thus elected shall meet in the hall of the House of Representatives in the capital of the Territory of New Mexico at 12 o'clock noon on the fourth Monday after their election, and they shall receive compensation for the period they actually are in session, but not for more than sixty days in all. After organization they shall declare on behalf of the people of sald proposed state that they adopt the Constitution of the United States, whereupon the said convention shall be, and is hereby, authorized to form a constitution and provide for a state government for said proposed state, all in the manner and under the conditions contained in this act. The constitution shall be republican in form and make no distinction in civil or political rights on account of race or color, and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

And said convention shall provide, by an ordinance irrevocable without the consent of the United States and the people of said state:

First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship; and that polygaFundamental mous or plural marriages, or polygamous cohabitation, and the Guarantees. sale, barter or giving of intoxicating liquors to Indians and the Introduction of liquors into Indian country, which term shall also include all lands now owned or occupied by the Pueblo Indians of New Mexico, are forever prohibited.

Second. That the people inhabiting said proposed state do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands lying within the boundaries thereof and to all lands lying within said boundaries owned or held by any Indian or Indian tribes the right or title to which shall have been acquired through or from the United States or any prior sovereignty, and that until the title of such Indian or Indian tribes shall have been extinguished the same shall be and remain subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States; that the lands and other property belonging to citizens of the United States residing without the said state shall never be taxed at a higher rate than the lands and other property belonging to residents thereof; that no taxes shall be imposed by the state upon lands or property therein belonging to or which may hereafter be acquired by the United States or reserved for its use; but nothing herein, or in the ordinance herein provided for, shall preclude the said state from taxing, as other lands and other property are taxed, any lands and other property outside of an Indian reservation owned or held by any Indian, save and except such lands as have been granted or acquired as aforesaid or as may be granted or confirmed to any Indian or Indians under any act of Congress, but said ordinance shall provide that all such lands shall be exempt from taxation by said state so long and to such extent as Congress has prescribed or may hereafter prescribe.

Third. That the debts and liabilities of said Territory of New Mexico and the debts of the counties thereof which shall be valid and subsisting at the time of the passage of this act shall be assumed and paid by said proposed state, and that said state shall, as to all such debts and liabilities, be subrogated to all the rights, including rights of indemnity and reimbursement, existing in favor of said territory or any of the several counties thereof at the time of the passage of this act: Provided. That nothing in this act shall be construed as validating or in any manner legalizing any territorial, county, municipal, or other bonds, obligations or evidences of indebtedness of said territory or the counties or municipalities thereof which now are or may be invalid or legal at the time said proposed state is admitted, nor shall the Legislature of said proposed state pass any law in any manner validating or legalizing the same.

Fourth. That provision shall be made for the establishment and maintenance of

a system of public schools, which shall be open to all the children of said state and free from sectarian control, and that said schools shall always be conducted in English. Fifth. That said state shall never enact any law restricting or abridging the right of suffrage on account of race, color or previous condition of servitude, and that ability to read, write, speak and understand the English language sufficiently well to conduct the duties of the office without the aid of an interpreter shall be a necessary qualification for all state officers and members of the state Legislature.

Sixth. That the capital of said state shall, until changed by the electors voting at an election provided for by the Legislature of said state for that purpose, be at the city of Santa Fe, but no election shall be called or provided for prior to the 31st day of December, 1925.

Seventh. That there be and are reserved to the United States, with full acquiescence of the state, all rights and powers for the carrying out of the provisions by the United States of the act of Congress entitled "An act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands," approved June 17, 1902, and acts amendatory thereof or supplementary thereto, to the same extent as if said state had remained a territory.

Eighth. That whenever hereafter any of the lands contained within Indian reservations or allotments in said proposed state shall be allotted, sold, reserved or otherwise disposed of, they shall be subject for a period of twenty-five years after such allotment, sale, reservation or other disposal to all the laws of the United States prohibiting the introduction of liquor into the Indian country; and the terms "Indian"' and "Indian country" shall include the Pueblo Indians of New Mexico and the lands now owned or occupied by them.

Ninth. That the state and its people consent to all and singular the provisions of this act concerning the lands hereby granted or confirmed to the state, the terms and conditions upon which said grants and confirmations are made, and the means and manner of enforcing such terms and conditions, all in every respect and particular as in this act provided.

All of which ordinance described in this section shall, by proper reference, be made a part of any constitution that shall be formed hereunder, in such terms as shall positively preclude the making by any future constitutional amendment of any change or abrogation of the said ordinance in whole or in part without the consent of Congress.

Section 3 provides that when said constitution shall be formed as aforesaid, the convention forming the same shall provide for the submission of said constitution to the people of New Mexico for ratification at an election which shall be held on a day named by said convention not earlier than sixty nor later than ninety days after said convention adjourns, at which election the qualified voters of New Mexico shall vote directly for or against said constitution and for or against any provisions thereof separately submitted. The returns of said election shall be made by the election officers direct to the secretary of the Territory of New Mexico at Santa Fe, who, with the Governor and the Chief Justice of said territory, shall constitute a canvassing board, and they, or any two of them, shall meet at said city of Santa Fe on the third Monday after said election and shall canvass the same. If a majority of the legal votes cast at said election shall reject the constitution, the said canvassing board shall forthwith certify said result to the Governor of said territory, together with the statement of votes cast upon the question of the ratification or rejection of said constitution, and also a statement of the votes cast for or against such provisions thereof as were separately submittted to the voters at said election; whereupon the Governor of said territory shall, by proclamation, order the constitutional convention to reassemble at a date not later than twenty days after the receipt by said Governor of the documents showing the rejection of the constitution by the people, and thereafter a new constitution shall be framed and the same proceedings shall be taken in regard thereto in like manner as if said constitution were being originally prepared for submission and submitted to the people.

Method of
Approval.

Section 4 provides that when said constitution and such provisions thereof as have been separately submitted shall have been duly ratified by the people of New Mexico as aforesaid a certified copy of the same shall be submitted to the President of the United States and to Congress for approval, together with the statement of the votes cast thereon and upon any provisions thereof which were separately submitted to and voted upon by the people. And if Congress and the President approve said constitution_and the said separate provisions thereof, or if the President approves the same and Congress fails to disapprove the same during the next regular session thereof, then and in that event the President shall certify said facts to the Governor of New Mexico, who shall, within thirty days after the receipt of said notification from the President of the United States, issue his proclamation for the election of the state and county officers, the members of the State Legislature and Representatives in Congress, and all other officers provided for in sald constitution, all as hereinafter provided; said election to take place not earller than sixty days nor later than ninety days after said proclamation by the Governor of New Mexico ordering the same.

Section 5 provides that said constitutional convention shall, by ordinance, provide that in case of the ratification of said constitution by the people, and in case the President of the United States and Congress approve the same, or in case the President approves the same and Congress fe'ls to act in its next regular session, all as hereinbefore provided, an election shall be held at the time named in the proclamation of the Governor of New Mexico, provided for in the preceding section, at which election officers for a full state government, including a Governor, members of the Legislature, two Representatives in Congress, to be elected at large from said state, and

such other officers as such constitutional convention shall prescribe, shall be chosen by the people. Such election shall be held, the returns thereof made, canvassed, and certified to by the secretary of said territory in the same manner as in this act prescribed for the making of the returns, the canvassing and certification of the same of the election for the ratification or rejection of said constitution, as hereinbefore provided, and the qualifications of voters at said election for all state officers, members of the Legislature, county officers, and Representatives in Congress, and other officers prescribed by said constitution shall be made the same as the qualifications of voters at the election for the ratification or rejection of said constitution as hereinbefore provided. When said election of said state and county officers, members of the Legislature, and Representatives in Congress, and other officers above provided for shall be held and the returns thereof made, canvassed and certified as hereinbefore provided, the Governor of the Territory of New Mexico shall certify the result of said election, as canvassed and certified as herein provided, to the President of the United States, who thereupon shall immediately issue his proclamation announceing the result of said election so ascertained, and upon the issuance of said proclamation by the President of the United States the proposed State of New Mexico shall be deemed admitted by Congress into the Union, by virtue of this act, on an equal footing with the other states. Until the issuance of said proclamation by the President of the United States, and until the said state is so admitted into the Union and said officers are elected and qualified under the provisions of the Constitution, the county and territorial officers of said territory, including the delegate in Congress thereof elected at the general election in 1908, shall continue to discharge the duties of their respective offices in and for said territory: Provided, That no session of the territorial Legislative Assembly shall be held in 1911.

Section 6 provides that in addition to Sections 16 and 36, heretofore granted to the Territory of New Mexico, Sections 2 and 32 in every township in said proposed state not otherwise appropriated at the date of the Land Grants for School passage of this act are hereby granted to the said state and Other Purposes. for the support of common schools; and where Sections 2. 16. 32 and 36, or any parts thereof, are mineral. or have been sold, reserved or otherwise appropriated or reserved by or under the authority of any act of Congress, or are wanting or fractional in quantity, or where settlement thereon with a view to preemption or homestead. or improvement thereof with a view to desert land entry has been made heretofore or hereafter, and before the survey thereof in the field, the provisions of Sections 2.275 and 2.276 of the Revised Statutes are hereby made applicable thereto and to the selection of lands in lieu thereof to the same extent as if Sections 2 and 32, as well as Sections 16 and 36, were mentioned therein; Provided, however, That the area of such indemnity selections on account of any fractional township shall not in any event exceed an area which, when added to the area of the above named sections returned by the survey as in place, will equal four sections for fractional townships containing 17,280 acres or more, three sections for such townships containing 11,520 acres or more, two sections for such townships containing 5,760 acres or more, nor one section for such township containing 640 acres or more: And provided further, That the grants of Sections 2, 16, 32 and 36 to said state, within national forests now existing or proclaimed, shall not vest the title to said sections in said state untii the part of said national forests embracing any of said sections is restored to the public domain; but said granted sections shall be administered as a part of said forests, and at the close of each fiscal year there shall be paid by the Secretary of the Treasury to the state, as income for its common school fund. such proportion of the gross proceeds of all the national forests within said state as the area of lands hereby granted to said state for school purposes which are situate within said forest reserves, whether surveyed or unsurveyed, and for which no indemnity has been selected, may bear to the total area of all the national forests within said state, the area of said sections when unsurveyed to be determined by the Secretary of the Interior, by protraction or otherwise, the amount necessary for such payments being appropriated and made available annually from any money in the Treasury not otherwise appropr!-ated.

Section 7 provides that, in lieu of the grant of land for purposes of internal improvements made to new states by Section 8 of the act of September 4, 1841, and in lieu of the swamp land grant made by the act of Sentember 28, 1850, and Section 2.479 of the Revised Statutes, and in lieu of the grant of 30,000 acres for each Senator and Representative in Congress, made by the act of July 2, 1862, Twelfth Statutes at Large. page 503, which grants are hereby declared not to extend to the said state, and in lieu of the grant of saline lands heretofore made to the Territory of New Mexico for university purposes by Section 3 of the act of June 21, 1898, which is hereby repealed, except to the extent of such approved selections of such saline lands as may have been made by sald territory prior to the passage of this act, the following grants of lands are hereby made, to wit:

For university purposes. 200,000 acres; for legislative, executive and judicial public buildings heretofore erected in said territory or to be hereafter erected in the proposed state, and for the paymnt of the bonds heretofore or hereafter issued therefor. 100.000 acres; for insane asylums, 100.000 acres; for penitentiaries, 100,000 acres: for schools and asylums for the deaf, dumb and the blind, 100.000 acres; for miners' hospitals for disabled miners, 50,000 acres; for normal schools, 200,000 acres; for state charitable, penal and reformatory institutions, 100.000 acres; for agricultural and mechanical colleges, 150,000 acres; and the national appropriation heretofore annually paid for the agricultural and mechanical college to said territory shall, until further order of Congress, continue to be paid to said state for the use of said Institution; for school of mines, 150,000 acres: for military institutes, 100,000

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