Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1892-05-05
A DAKOTA FLURRY
The Claim That the Recent
School Land Sales Were
Illegal Causes 1t.
Did the Attorney Generals OpIll-
ion Contradict Legislative
Enactment?

HMEsrowS, y. D., Special, May 2.-oie
OF the most unexpected and sensational
Of questions is raised by q correspondent o.
the jamestown Alert, who declares thAt
the last public sale of school lands in tie
counties 0. Cas-. Grand Forks, Trail
Walsh, Pembina and Richland is totally
Illegal and without authority of law.
Mach discussion preceded this sale, which
was made in March, and some question
arose as to the proper advertisement OF GER
tain lands, but no one has heretofore ques
toned its legality. Nearly 90 go acres OF
land have been sold. The price realized has
been widely advertised throughout the
country. The amounts Of sales N 1892 az.
sregaie over Sl.l77.010. Many lands were
under lease anti 1892 and sold subject 10
leases. The constitution of the state,
adopted in 1889. created a board
0. university and school lands
to which is given the contract CT l%easin;
and SAFE OF school lands subject to the au-
thoTity OF the legislature. The board con-
sists OF the governor, auditor, secretary OF
state. superintendent OF pubic instruction
and attorney general. The legislature Of
1899 pasted an act for the sale OF common
school lands of North Dskots.
MANDATE OF TUE LAW.
The fourteenth section provides that the
board shall designate or sale the most ya!u-
able lands not to excaed 10000 acres, TO be
sold at an appraised value which c1nEo: be
less than SO per acre, between April 10 and
June /, 1891, and only in the mauner pres
cribed by the act. No other authority TO
sell at any other lime is gwen
either by the legislature of 1880,
or by that o. 1881. Nothing
is doubtful or ambiguous about the acS,
which expressly provides for sale only as
above stated. There can be no adjourn
ment of sale or sale at any annual orsiated
periods. In lace of the above, the board
advertised and sold a large amo1nt of waltz
able school IN 1892. The purchasers seem
never TO haye questioned the right to do
this and the sales. it is said, have been con-
frmed. 1t is Tumored that authority for
the sale was derived from an opinion of
Attorney General Spencer. That opinion is
not at hand, tut good attorneys claim that
nothing N the cons tuition or legislative act
can be legally held to authorize the sale;
that the above constitutional provision
cannot enforce itself without a legislative
acs, and That nothing in any act passed
stree The constitution was adopted can he
construed to permit sales of schoo! and at
any other time than between April 10 and
June ], 1891.
THE CONSTITUTION PROVIDES
that not to exceed one fourth of the school
grant can be sold ia any five years. In
1891 about 30. 600 acres were sold and in
1892 about 60. . acres, or not to exceed
50. 900 in all. II his be the true condition
of affairs, it will cause great CONSERVATION
among purchasers at the 1892 sale, or at
present their titles are worthless. 1t is
not known whether any legislature in
the future could legaiize the 1872 sale or
not. II is almost incredible that the high
state officials that constitute the state school
board would authorize the sale 0 the land
without the fullest and plaiHest right 10 DO
so, and proper authority tor such sale will
no doub be at once made public. Prob
ably purchasers will reuse TO make further
payment and demand the return of the
money already paid. The necessity for legis-
lative relief may have suggested 10 certain
leading officials the idea of calling an eX-
ira session OF the legislature now being
urged. or the ostensible purpose o: arrang-
ing for the electoral vote and the worlds
!sir association.