The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-16
LAWS OF MONTANA.
ENACTED BY THE SECOND LEGISLATIVE ASSEMBLY.
APPROVED BY THE GOVERNOR.
Senate n,,l No. II.

Section l.. All fund arising from the sale OF state lands or m granted ny
the United States or from other sources to the state of Montana, for specific pur'
poes,s shall be held intact for the purposes for which they were granted, After
granted, they shall lot be transferred to the credit of any other fund, Tor shall
the proceeds of the ale or the leasing of said lands be applied to any other than
the purpose for tn lands were granted.
Section 2. The proceeds arising from h sde of lands granted Ito the state. for
educational purposes, shall be invested, first n bonds of the state of Montana;sec-
ond, in such bonds of the severalc counties of the state as the board Of land com
mssioners shall deem most safe and secure; third, in bonds of school districts
provided that before any OF "h proceeds sh" pc invested IN 'e 'ohos % any
school district within the state of Montana. the said boardo of land commissioners
, negoah hs te s sd shoo, 1umn I M tatt the outstanding indebtedness of said
school district does not exceed three per cent upon the valuation OF the property
within sad district.
The interest on all money arising from the sale or leasing of school land shall
be used for he purpose for which the grant was made.
Section 3. No saeo of school lands or lands granted for internal improvements
OF fol the establishment of any educational institution within the limits OF the
state of Montana, or for public buildings or university purposes shall be made
Section 4. All patents fol- lands sold by the state shall be signed by the gov
ernor whose signature shall be atested by the secretary of state INC the sealo
the state Of Montana and such patent shall convey to the grantee named therein
all the right title, interest," claim or demando of thu state OF Montana in INC to the
All leases OF school or other lands shall be made in the nam of the tate of
Montana and such leases shall be ateaed by the hands of the governor, and be is
sued under the great seal oft he state in the ann hereinafter provided tor. All
such patents or eases shall be entitled to record without acknowledgment
Section S. The governor the superintendent of public instruction. the s@re-
ty o. state AM the attorney general hall constitute the state board Of Lane con
mssioners, which shall have the direction, control and power to lease or sell any
of the school lands of the state, and the lands granted, or which may hereafter be
granted for separate d various states 'uea'0ns "So'0"0"S "oe' "e'e s"'o"S
Section {. 1t shall be the duty of the state board Of land commissioners t po-
vide for the selection, leasing, sale or other disposition of all lands heretofore or
which may hereafter be granted to the state of Montana by the general govern
men Or otherwise, under such regulations as may be prescribed by law and in
such a mann as may secure the maximum possible amoun provided therefor
That n land heretofore granted the st@c of Montana shall be sold for less than
ten G) dollars an acre, and that where land is so situated as lot TO be worth the
amount herein mentioned, that the same may be leased for the tem lot exceeding
five years. and at a rental to be determined by the state beard OF M commits
oeClou J. Lie SoVciHu sAh NC SAOMS"oP iShoS" N> 'S "N VI 'A
commissioners and the meetings of the board shall be regulated by such rules as
the board itself shall adopt.
Sections {. The first meeting of the aateb BOARD of land commissioners shall be
held o tn cal of the governor and not later than the first day of June, 1884, and
thereafter at such times and places as the board may direct
Section 9 All powers vetedo or hereafter to be vested in the stated oardo o land
commissioners may be executedb by majority of the board.
Section TO-. The state board of land commissioners shall keep a record of their
proceedings in a book kept for that purpose and shall preserve all papers ad
charge of the duties that ire or shall be enjoned IN them by law, shall be audited
by the state auditor and be paid by warrants o the stat treasurer
Section H.. The state board of land commissioners shall designate what lands
selected by the state shall be assigned to each specific fund.- designated in grants
Section H.. The governor shall appoint a state land agent by ant with the econ
sent of the state board of land commissioners, whose duty it shall be under the
direction and control of the state board of land commissioners to carry into effect
the provisions of this act and to dc all actsre required of him obe performed, by the
said state boad If land commissioners; but his official acts shall have n validity
until approved by the said board. He shall hold his office at the pleasure o the
board, and shall receive n annual salary of three thousan dollars payable quar-
The state land agent shall be under the direction and control of the state board
of land commissioners, and he shall proceed in such manner as the board nay
direct tic examine and report to them such lands as nay be suitable for selection
under the actso Of congress granting the lands to the state of Montana.
documents n papers pertaining to the Office, subject at Ill times to inspection,
the same as all other public records.
Section 49, The state land agent is hereby authorized to employ, with the n
cnt of the said board,s such Resistance as may be required for the proper perform
inc of his duty and to carry oat the provisions of this a@i and all expenses
ncwre therefor shall m tn certificate OF said board approved b the state
board of SamineH be paid by warrant of II state auditor or thu state treasurer:
swrsv location a5 s all Of ." state ands. hall h r nid On he warrants Of of h audi
tor issued on vouchers certified by the state board.
Section IS. The state board shall provide as complete a set of p1ts for field us
as may be necessary for the examination of said lands; shall ascertain, as ar as
practicable, what of the unappropiated government lands in the state are capable
o firngaion, and the sources and reliability of the supply of water for the same;
and shall select what lands may be suitable under tn various grants made by the
general government to the state, and shall classify said lands upon the maps and
the state of Montana, to witt:
First, grazing lands; second, timber lands; third, agricultural lands; fourth,
lands lying within the limits of any town or city, or within three niles of such
limits, and shall, as often as once in Eve years, recasshy the lands SO that at
n O time shall n of the lands be sold under different classification from that to
which they rightuny belong.
Section 1o. The map and phts prepared by the state board, as above provided
for n section s. shall also contain a classification of the lands according to the
respective funds or state institutions to which said lands belong, and shall be
marked pc said pMks with the amt of the fund to which they belong; and it
shall be the duty of the tate board of land commissioners, as 500 as practicable
after they are organized and are ready to transact business under the provisions of
this act to select or cause to De selected, lands in lieu of those settled upon, and
disposed of by 1.-THE United States in sections -. an 49,. Said lands to be selected
ac contiguous as may be to the section in lieu Of which the same list taken, and such
selections so made of lieu lands shall be certified to the register I'M receiver of the
proper land office by the state board.
Section IT. That none of the lands granted to the state Of Montana by thu act
approved February a. 1850. shall be sold or disposed of at less price than ten
Go) dollars pra acre, md if under the provisions of this act IN of The lands SO
granted shlb e advertised for sale by the state boardo of land commissioners and
at such sale n o bic isl received equal to Or exceeding the sur of ten () dollars per
acre aforesaid, for said land, the amt shall not be- sold, blu. nay be leased for
tern lot exceeding i've years: Provided, that in leasing the land the state board
of land commissioners may accept the highest price bid by any person desiring to
lease thu same, ant the person so leasing, thereupons shall immediately sign
written ontract ofe asenb binding himself and his heirs tic keep he said land for
the full period Or term Tor which the sam is eacdt to him.
Section rs. All selecionso fla nj hall made Gin legal subdivision an when
the selection has been made and approved by the state boardo IF land commission