Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1892-05-05
HAD NO RIGHT TO SELL
State School Lands Sold Con-
trary to LaW-So a Citi-
zen Says.
The Commission Called Down
by a Stutsman County
Farmer.

Farmer.
Mass Meeting at the Rink t
Raise Funds for Russian.
Sufferers.
The following communication EXPLAIN
itself:
Editor Alert: The school lands adver
school lands have been sold. Landl
worth $50 per acre have been knocked
off IN job lots at about $40. One reason
of their going SO cheaply is the fact that
they are already under lease till 1898; as
consequence there was but little compe
tltion, and those who held the lease had
everything their own way. Now as q
citizen of this commonwealth wish tc
enter my protest against the confirmation
of this alleged sale, for the reason that 1t
IS wholly without authority of law. There
is not single word IN all the body OF
the laws that justities it.
The university and school land board
is created by the constitution and to it is
given the control OF the leasing and sale
of the school lands subject to the legis.
lature. Now what has the legislature
done in the matter? They passed ian act
to provide for the leasing and sale
OF the common school lands of North
Dakota" approved Jan. 10, 1890. The
14th section, which provides that the
board of university and school lands
shall designate for sale from the most
valuable lands SO appraised in their dis
cretlon an amount not exceeding in the
aggregate one hundred thousand acres.
which land so selected and designated
by said board, shall be sold or offered
for sale between April Is, 1891, and June
!, 1891, in the manner prescribed by this
act"
All the subsequent sections Of this act
prescribe the manner in which this sale
shall be advertised and conducted, but
there is nowhere authority given to sell a
single acre beyond the one hundred
Thousand, nor for any sale at any time
except between April 15, 1891, and June
l, 1891. There is not an expression in
the law that gives them the power to sell
annually or ut any other stated periods.
There is not an expression that gives
them any discretion except TO designate
the lands authorized to be sold. Nor is
there single expression the meaning of
which is doubtful or ambiguous from
which sIch an authority might be in
ferred.
Now what shall be said OF this high
handed invasion of the rights of the peo-
pie? Ben Butler in his book says he
never read the army regulations because
he did not wish to know when he violated
them. Perhaps this board of the high
sounding name never read the law for
the same reason. The most charitable
assumption Is that they have never read
the law. This board is composed Of all
the high state officials. They have all
registered q solemn oath to support the
constitution and the laws Of North Da.
kota and they are guilty Of proceeding in
this matter either without knowing the
law or of wilfully violating it-let them
take which horn they please-and then
come before the next state convention
and ask for vindication. But we protest,
we solemnly protest, against this unlaw-
ful sale of the peoples lands.
w. H. DOUGHTY.
Ypsllanti, April %.
The lands above referred to are in the
Red River valley, in the counties Of Cass,
Grand Forks, Pembina, Walsh, Richland
and Trail. They are said to be the
cream of the school lands.
The law referred to by the corrre-
spondent appears to fully bear out his
positive statement. The constitution in
article 9, Sec. 155, provides that "the
legislative assembly shall provide for the
sale of ali school lands subject to the
provisions OF this article" and the only
act Of the legislature authorizing the
sale of any school lands is that OF the
act Of 1890, as above referred to.
The constitution provides that not
more than one-fourth Of all the grant Of
school lands shall be sold within the first
five years. In the 1891 sale there were
about 10000 acres disposed Of, about the
legality of which there can be no ques-
tion whatever. In the sale this year
about 10000 acres were sold making
$4,000 in all, or still under the amount
allowed by the legislative act Of 1890.
But no other act OF 1891 authorizes any
other sale of school lands, than at the
time mentioned, between April Is and
June l, 1891. Attorneys claim that the
constitution is not self enforcing and no
sale Of school lands can be made without
special Legislative act authorizing the
same. No such act exists except in case
Of the lands ordered sold or to be offered
for sale. between April Is and June l,
1891, which law was passed by the legls-
lative assembly Of 1880.
1t is said that the action Of the board
Of school lands was taken upon an
Opinion Of Attorney General Spencer.
The opinion is no doubt on file at Bis.
marck with the secretary, or some men,
Der of the school board. The board
consists of Governor Burke, Auditor
Bray, Secretary Flittie, Attorney General
Spencer and Superintendent Of Public
1natructlon Ogden. Thev certainly