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1975 Colorado Attorney General Reports and Opinions 1 (1975)

handle is hein.sag/sagco0009 and id is 1 raw text is: (EDI TED) June 16, 1975 Mr. C. L. Terrell, Secretary State Board of Agriculture Fort Collins, Colorado 80523 RE: Allocation of moneys from the Hesperus account AG Alpha No. AG AD AGBHY AG File No. DHR/AGBHY/MF (EDITED) Dear Mr. Terrell: In response to your letter of May 21, 1975, it is my informal opinion that moneys paid into the Hesperus account may be expended by the State Board of Agriculture for such public pur- poses as it may determine, subject to the requirement that they be utilized before all else to pay the tuition of any qualified Indian pupils, not otherwise able to pay tuition, who wish to attend Fort Lewis College. QUESTION PRESENTED-ANDCONCLUSION May money in the Hesperus account be used for public purposes as determined by the State Board of Agriculture? My conclusion is yes, after payment of tuition for quali- fied Indians who wish to attend Ft. Lewis College. ANALYSIS In reviewing the applicable law on this subject, the following facts may be of interest to you. In 1910, the Fort Lewis lands were granted to the State of Colorado by the Congress of the United States to be used as follows: The said lands and buildings shall be held and maintained by the State of Colorado as an institution of learning, and that Indian pupils shal' at all times be admitted to such school free of charge for tuition and on terms of equality with white pupils:... Citing 36 Stats, 273-41 Chapter 140, Sec. 5 (Colo.) 1910. This language was amended in 1916 by an Act of Congress to change the