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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

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