Said normal schools [universities] shall each be controlled and managed by a board of regents consisting of five members to be appointed by the governor, by and with the advice and consent of the senate for a term of four years, and not more than three of whom shall belong to the same political party at the time of their appointment. The members of such board shall be qualified electors of the state and owners of real estate therein. Each such board shall constitute a body politic and corporate, and shall have power to sue and be sued, to contract and be contracted with, and the title to all property belonging to each such normal school shall be vested in the respective corporate bodies and their successors.

History: Laws 1893, ch. 19, § 3; C.L. 1897, § 3652; Code 1915, § 4975; C.S. 1929, § 120-1905; 1941 Comp., § 55-2104; 1953 Comp., § 73-22-4.

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 XII, § 11, as repealed and reenacted on November 8, 1960, changed the name of the New Mexico normal school to the New Mexico western college, which was again changed by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 board of regents of eastern New Mexico university, see 21-3-30 NMSA 1978.

For interest in contract for supplies, penalty, see 21-1-35 NMSA 1978.

Scope of powers. — The legislature has expressly recognized the authority of institutions of higher learning to receive benefits and donations from the United States and from private individuals and corporations; to buy, sell, lease or mortgage real estate; and to do all things, which in the opinions of the respective boards of regents, will be for the best interests of the institutions in the accomplishment of their purposes or objects and, therefore, the legislature lacks authority to appropriate these funds or to control the use thereof through the power of appropriation. State ex rel. Sego v. Kirkpatrick, 1974-NMSC-059, 86 N.M. 359, 524 P.2d 975.

Scope of powers to contract. — 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 where handbook part of contract. — 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 to 17; 29 C.J.S. Elections § 1(7); 67 C.J.S. Officers and Public Employees §§ 36, 40 to 43, 66, 69.