The governor is hereby authorized and empowered to appoint a board of regents for the eastern New Mexico normal school [eastern New Mexico university] at Portales, New Mexico, by and with the advice and consent of the senate, consisting of five members, no more than three of whom shall be of the same political party, at the time of their appointment, and not more than three of whom shall be appointed for a longer term than two years, and the remainder for four years, after which such appointments shall be for four years; and provided that should the senate not be in session when such appointment is made, such appointees shall hold their office until the convening of the senate, and if confirmed for the period of their appointment. Such board shall have the general powers now conferred on boards of regents of the other normal schools of this state; including the power to acquire by donations, the title to the necessary lands for building site and campus, and the acceptance of such other donations as may be available; and provided further, that such board can incur no indebtedness whatever.

History: Laws 1927, ch. 79, § 1; C.S. 1929, § 120-1904; 1941 Comp., § 55-2135; 1953 Comp., § 73-22-36.

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

N.M. Const., art. XII, § 11, as repealed and reenacted on November 8, 1960, changed the name of the New Mexico normal school to the New Mexico western college, which was again changed by constitutional amendment of November 3, 1964, to western New Mexico university. See 21-3-3 NMSA 1978. That constitutional provision also changed the name of New Mexico normal university to New Mexico highlands university. See 21-3-2 NMSA 1978.

Cross references. — For election of officers, see 21-3-5 NMSA 1978.

Scope of powers concerning contracts. — Eastern New Mexico university, through its regents, has authority to contract and be contracted with and where the issue simply involves the law of contracts the public or private character of the university is not the controlling factor. Hillis v. Meister, 1971-NMCA-034, 82 N.M. 474, 483 P.2d 1314.

Effect of university handbook on powers of regents. — Where the undisputed evidence shows a course of conduct that made the university handbook a part of plaintiff's contract as the handbook was treated as controlling the relationship between the university administration and its faculty, then a failure of the university administration to follow these procedures constituted a breach of contract by the university. Hillis v. Meister, 1971-NMCA-034, 82 N.M. 474, 483 P.2d 1314.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 3, 5, 7, 11, 35, 39; 68 Am. Jur. 2d Schools § 30.

Constitutionality of statute requiring, or limiting, selection or appointment of public officers or agents from members of a political party or parties, 140 A.L.R. 471, 170 A.L.R. 198.

14A C.J.S. Colleges and Universities §§ 14, 15 to 17; 29 C.J.S. Election § 1(7); 67 C.J.S. Officers and Public Employees §§ 36, 40 to 43, 66, 69.