Page:United States Statutes at Large Volume 33 Part 2.djvu/1034

 2330 [No. 16.]

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WHEREAS, it is provided in the Act of Congress approved March 3, 1893, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-four, and for other purposes", "That the President is hereby authorized by proclamation to withhold from sale, and grant for public use. to the municipal corporation in which the same is situated all or any portion of any abandoned military reservation not exceeding twenty acres in one place",

And WHEREAS, the Fort Marcy Military reservation at Santa Fe, New Mexico, containing seventeen and three-quarter acres more or less, as described in Executive Order of August 28, 1868, creating same, was by Executive Order of June 15, 1895, placed under the custody of the Interior Department for disposal, under the Act of July 5, 1884, being "An Act to provide for the disposal of abandoned and useless military reservations",

And WHEREAS, the Legislative Assembly of the Territory of New Mexico has petitioned that the said reservation be granted to the municipal corporation of Santa Fe, New Mexico,

And WHEREAS, it appears that on the fourteenth day of August, 1902, the city of Santa Fe, New Mexico, entered into an agreement with the Board of Education of the said city of Santa Fe, whereby it was agreed on the part of said city that, in case the President of the United States should grant, under the provisions of said Act of March 3, 1893, said reservation to the city of Santa Fe for public purposes, the said city would, by its municipal authorities, turn over and deliver to the said Board of Education and its successors, the said reservation, to be held by said Board forever, to aid and assist in the support of the public schools of the city of Santa Fe; and that, by the same agreement, the said Board of Education, on its part, agreed and undertook that it would accept the said reservation for the purposes so designated by the city of Santa Fe, and keep and use the same and the proceeds thereof, for the use, benefit and maintenance of the public schools and turn over said property or such parts of it as might be in its Possession, to its successors.

Now, THEREFORE, I, THEODORE ROOSEVELT, by virtue of the power in me vested by the Act of Congress aforesaid, do hereby withdraw from sale, entry or other disposition, the lands embraced within the former Fort Marcy Military reservation, as the same are described in Executive Order approved August 28, 1868, and do hereby grant for public use, the said described land to the incorporated town of Santa Fe, New Mexico.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this fifth day of January in the year of our Lord, one thousand nine hundred and four, and of the Independence of the United States the one hundred and twenty-eighth.

[SEAL.] By the President: Acting Secretary of State.