The commissioner of public lands is hereby authorized to appoint an assistant commissioner of public lands at a salary of not to exceed two thousand five hundred ($2,500) dollars per annum. Such assistant commissioner, after filing his oath of office and such bond as the commissioner may require, shall, in the absence of the commissioner of public lands from the state capital, or in the event of a vacancy in the office of commissioner of public lands, have authority to exercise all of the duties and powers by law incumbent upon or vested in the commissioner of public lands.

The commissioner of public lands is hereby authorized to employ a chief clerk, and such additional clerical force as may be required for the proper administration of the affairs of his office. The salaries of the assistant commissioner and of the chief clerk and general clerical force shall be payable monthly, by warrant drown [drawn] on the state land maintenance fund, but the annual salary expense of the employees herein provided for shall not exceed five per centum of the income derived from state lands, exclusive of Santa Fe and Grant county bond fund lands; provided, that this act [this section] shall not be held to repeal or affect the provisions of Section 5260 [19-1-9 NMSA 1978] of the Codification of 1915.

History: Laws 1912, ch. 82, § 4; Code 1915, § 5181; Laws 1915, ch. 73, § 1; 1919, ch. 48, § 1; C.S. 1929, § 132-104; 1941 Comp., § 8-106; 1953 Comp., § 7-1-5.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Assistant commissioner may not lawfully exercise any discretionary powers vested in the commissioner by the constitution, and to that extent the act is unconstitutional. 1919 Op. Att'y Gen. No. 19-2433.