St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-05-02
North Dakota Has One Which
May Yet Prove Very
Serious.
Recent Sales Of School Lands
Not Authorized by the
Legislature.
The Sheriff Of Brown County
Throws Himself Into the
Minnesota.
Two Persons Instantly Killed
by Lightning Near Fulda,
MINI.

Special TO the Globe.
JAMESTOWN, N. D.. May lone of
the most unexpected and sensational of
questions is raised by a correspondent
of the jamestown Alert, who declares
that the last public sale Of school lands
in the counties of Cass, Grand Forks,
Trail, Walsh, Pembina and Richland is
totally Illegal and without authority Of
law. Much discussion preceded this
sale, which was made in March las, land
some question arose as to the proper ad
yertisement of certain lands, but no one
has heretofore questioned its legality.
Nearly 10000 acres of lands have been
sold. The price realized has been widely
advertised throughout the country. The
amounts of the sales of 1892 aggregate
over 81, 1T. 900. Many lands were under
lease until 1892. and sold
Subject to Leases.
The constitution of the state, adopted
in 1889. created a board of university
and school lands, to which is given con-
troll of leasing and sale of school lands
subject to the legislature. The board
consists of the governor, auditor, Secre-
tary of state. superintendent of public
instruction and attorney general. The
legislature of 1890 passed an act for
leasing and sale Of common school
lands of North Dakota. This was APP
proved Jan. 10, 1890. The fourteenth
section provides that the board shall
designate for sale the most valuable
land, not to exceed 1000 acres, to be
sold at an appraised value, which can
not be less than SO an acre, between
April Ii and June l, 1891, and only in a
manner prescribed by the act. No
other authority to sell at any other time
is given, either by the legislature of
1890 or by that of 1891. Nothing is
Doubtful or Ambiguous
about the act, which expressly pro-
vides for sale only as above stated.
There can be no adjournment of sale at
any annual or stated periods. In the
face of the above the board advertised
ard sold large amount of valuable
school lands in the state in 1892. The
purchasers seem never to have ques-
toned the right to do this. and the sales,
it is said. have been confirmed. 1t is
.rumored that authority for sale was
derived from all opinion of Attorney
General Spencer. That opinion is not
at hand, and consequently the authority
for the sale is not known, but good
attorneys claim that nothing in the con-
Stitution or legislative act can be legally
held to authorize the sale; that the
above constitutional provision
Cannot Enforce Itself
without legislative act, and that moth
ing in any act passed since the conStitu-
ton was adopted can be construed to
permit sales of school land at any other
time than between April Is and June l,
1891. The constitution provides that
not to exceed one-fourth of the school
grant can be sold in any five years. In
1891 about 10000 acres were sold and in
1892 about $4,000 acres, or not to exceed
10000 in all. If this be the true condi-
ton of affairs it Will cause great con-
sternatIon among purchasers at the 1892
sale, for at present their
Titles Are Worthless.
1t is not known whether any Iegisla-
ton in the future could legaliZe the
1892 sale or not. 1t is almost incredible
that the board of high state officials
that constitute the state school board
would authorize the sale OF the above
lands without the fullest and plaineSt
right to do so, and proper authority for
such sale will no doubt be at once made
public. Probably the purchasers will
refuse to max" further payment and
demand the return of the money al
ready paid. The necessity for legis-
lative relief may have suggested to GER
tain leading officials the idea of calling
the extra session of the legislature now
being urged for the oStensible purpose
of arranging for the electoral vote and
the worlds fair appropriation.