Omaha daily bee., 1890-01-19
NEBRASKA SCHOOL LANDS.
The Legality of Reappraisements to
Be Tested in the Courts.
A CASE OF UNUSUAL INTEREST.
Another Phase fn the Elmwood Eie.
vator Matter-Supreme Court
Procccdin gsNNotes From
the Capitai City.
LINCOLN BuRBAUioF TaE OMAHA BEE. \
1929 Z STREET, !

1929 = STREET,
Lincoln. Neb.. Jan. IS.
The case OF Bermuda Beer VS. John NJ.
Thayer, governor; Benjamin II. Cowdry,
secretary of state; j.. Il. Hill, treasurer:
William Leese, attorney general; John
Steon, commissions of public lands and
buildings, constituting the board OF educa.
tional lands and funds, was filed IN the Sill.
preme court today.
The plaintiff complains that the defend
ants being the board of commissioners for
the sale and leasing and general manage
ment of all lands and funds set apart for
educational purposes. did, IN July, 1883, enter
into a contract of lease with the plaintiff for
section 30, township 10, range 81, west; that
on or about July {, 1883, the defendants
ordered a reappraisement of said lands, con-
trary to the terms of the contract with the
plaintiff and without his knowledge and con-
sent; that on December 5, 1883, the county
commissioners Of Lincoln county completed
this reapprGisement and returned tho same
to the defendants; that said REIMBURSEMENT,
as a basis OF rental, is more tnan double the
amount named aud agreed upon in the lease;
that the defendants have demanded and
are now demanding as a rental for
said lands o sum more than double the
amount so agreed upon: that the defendants
have threatened and do now threaten to de-
clare said contract forfeited and to cancel
said contract of lease after n certain time
has elapsed, unless the plaintiff shall pay
the defendants the cxorbitant amount de-
manded rs aforesaid, contrary to the terms
aud conditions of said contract of lease. The
plaintif alleges that IL said defendants are
allowed to cancel said contract in violation
OF its expressed terms, as they have threat
ened to dos it will be a great and irrcparable
injury to HIN, for the reason that he has no
adequate remedy at law. He further says
that on July |, 1889, he rendered payment
for the lease rental in advance and in the
amount agreed upon as provided in said
contract to the county treasurer of Lincoln
county, the lawful agent of the said defend
ants, and he refused and still refuses to re-
ceive the same. though he now otferes to pay
said rental in accordance with the terms and
conditions aforesaid. He therefore prays for
an order restraining the said defendants
from declaring SAID contract of lease for
feited, and from the cancellation of the
same and that he may be permitted to pay
the rental for said lands in accordance with
the terms and conditions of said contract.
The case was brought by Messrs. Darnall
& Babccck of this city.
Realizing that this was a case Of unusual
importance, THE BEE CORES pondent started
out to look up some facts concerning it. The
attorney general could not be found, but it
was learned that he mad given a verbal cpin-
ion on the legality of the reappraisements,
sustaining them. 1t was learned that this
reappraisement was made in accordance
with the provisions of the act of 1851. This
act provides THAT the board of educational
lands and funds may, during the year 1888,
and every i've years thereafter, cause said
lands IN be reappraised, as provided by law,
and that the valuation made by the said
board, at the respective times aforesaid, shall
be the basis of the rental for the next sue.
ceeding five years after each such reap
praisement, and that at the expiration of
twenty-five years from and after the first
day of January next ensuing after the date
of this lease, or sooner, with the consent of
the commissioners, he will peaceably and
quietly leave, surrender and yield up all and
singular the said lands and premises. And
that in case of any default on the part of the
said lessee to pay the rental or any part
thereof, as above stated, for the period Of
six months from the time 1t becomes due and
payable, this lease may be forfeited and fully
set aside, as provided by law, and the land
revert to the state the same as though it had
never been leased, and be subject to sale or
lease to other parties. No assignment of this
lease shall be valid unless the same be en-
tered of record in the office of the commits
sioner of public lands and buildings, and all
the rental due the state shall have been
paid"
Deputy Land Commissioner Parker was
seen and he refused to express an individual
or official opinion on the question. simply say
the act for reappraisemont good,
simply because the board of educational
lbuuS anu luuuS uau SO ordered.
However, he said the old leases under the
former act contained the following provision,
which differs somewhat from the new pro
vision, as will be seen by a careful perusal
of the two:
AT the expiration of five years from the
date hereof, and every five years thereafter,
the sand lands shall be appraised by three
persons, one thereof to be appointed by the
county clerk Of said county aforesaid. one
by tho said lessee, and the other to be ap-
nOIntad nv the tNV0 annrpiaprs tybn shall ha
appointed as aforesaid, and that the valua-
ton made by the said appraisers at the re-
spective times aforesaid, shall Crowded it
be not less than the appraisement first above
stated be the basis of the rental for the
next succeeding five years after each such ap-
praisement, and at the expiration of twenty
five years from and after the first day OF
January next, or sooner with the consent of
The board of educational lands and funds, he
will peaceably ana quietly leave, surrender
and yield up all and Singular the said lands
and pre- misses. And in case of any default
on the part OF the said lessee in the Observ.
ance Of the covenants and agreements of this
lease, the SAID premises, with the improve
ments, shall forfeit and revert to the state
OF Nebraska; or the board of educational
lands and funds may require the payment of
SAID rents, and collect the same, notwith-
standing such default and abandonment of
said premises"
Mr.. II. A. Babcock of the firm of Darnall
d. Babcock was seen. and he said that they
based their case on the we'll known provision
OF the constitution of the United States and
OF the state of Nebraska which says that no
law shall be passed which in any way i'm
pairs the obligations OF contracts, and shall
insist that the act of 1885 only applies to
leases and contracts made since the taking
erect or that act and not to those made prior
thereto as has been held by the board.
Attorney General Leese was seen this
evening. He said that he had never given a
written opinion on the question, but had ad-
vlsed the board to follow the rules of the act
Of 1883, as it is the province OF the supreme
court to pass on the constitutionality or in
depreciation Of that act.
Conc But Not Forgotten.
About two years ago aiyoung man named
Archie L. Meigs arrived in the city. He
came from Omaha, where he had been en-
ployed as an advertising solicitor for Dun
bar & Co. He was a well appearing young
tnnn xAAl liz -aI z--