Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-24
LOUISIANA LANDS
Investigating Those Set Apart for
School Purposes
THEIR STATUS FOUND TO Be PECULIAR
The Contract Made by the State
With McEnery.
WHAT HE RECOV E R. D


Special agents of the government are
now investigating a very peculiar case
relating to the school lands situated In
the state of Louisiana which are held In
trust by the United States for support OF
schools in the different townships Of that
state.
A chronological history Of the matter Is
as follows, and, as will be seen, it is of no
little interest:
On April q, 1906, Congress passed an act
relating to lands within the western dis
trict Of the territory Of Orleans, from part
of which Louisiana was afterward formed
This act provided inter ALA Tor the survey
and sale of public land with the eXcep-
ton of the section number sixteen Whlch
shall be reserved in each township iof the
support of schools within the same"
BY the act of March g. 1871. TINS reser-
walton was re-enscted.
Indemnity Laws Provided For.
On May 20, 1926 Congress provided that
where the sections reserved by the acts of
1906 and 1911 in Louisiana had not
been appropriated other lands should be
appropriated as indemnity therefor. This
act stated that these Indemnity lands
the use of the schools in the townships
for which the original lands were reserved
The second section of the act provided
that these lien lands should be selected by
the Secretary of the Treasury, and when
so selected, shall be held by the same
tenure, and upon the same terms, Tor the
support of schools, in such township. as
section number sixteen Is or may be heid,
in the state where such township shall be
situated"
On February Is, 1S43 Congress author
lied the state Of Louisiana to provlde oy
law for the sale of all or part of the lands
reserved and appropriated for the use OF
schools and to invest the money arising
from the sales thereof in some productive
| forever applied" to the use and support
of schools within the several townships TOT
which they were originally reserved ana
set apart, and for no other use or pnr,
pose whatever" The act further provided
| that said land, or any part thereof, shal!
| in no wise be sold without the consent OF
the Inhabitants of such township, ana IN
| the apportionment OF the proceeds OF said
| fund each township should be entitled to
| such part and no more as should accrue
from the sums arising from the sale OF the
| school lands belonging to such township
| Section third provided that the state might
| invest the money arising from the sale or
| the school lands, but only on receiving tnt
| consent of the Inhabitants OF the township
| to which it belonged.
| The effect of this legislation was to pro-
| vide a land fund for the support OF the
| schools in each township OF the state oi
| Louisiana. with the legal title IN the unlted
!
| ships.
| BY the act of 1873, supra, the state was
| authorized to act as trustee OF the money
| fund which would arise from the sale or
| said lands. but both the sale and the fund
| were to be subject to the approval OF me
inhabitants of the separate townships. lne
| state had no interest either legal or eqult-
| able 1t was merely constituted trustee.
| while the townships were the beneficiaries.
The Contract With McEnery.
On March 8, 1880, the legislature of
| Louisiana passed an act authorizing the
governor of the state to make an agree
| mept or agreements to recover for the state
the lands donated by the several acts OF
Congress to the state for divers purposes.
At the time this act was passed LOUIS ~.
| Wilt was governor, S. d. McEnery. now
| on the supreme bench, was lieutenant gov
ernor and president of the senate, and r.
| N Ogden was speaker of the house
On March 20, 1880, Gov. Wilt by virtue
of this act entered into a contract with
| John McEnery, a brother Of the lieutenant
governor, agreeing to give him 30 per cent
Of all the lands money or script recovered
This contract also provided that when NC
| Emery recovered any lands in place tins
register of the state land office should giy,
him his pay in land script, which he couk
| locate on any lands in the state.
| Under this contract McEnery Succeede-
| in getting the Secretary of the Interior 10
approve the selection of over 100000 acres
of school lands, though, 1t will be remeln-
|
the United States. and had never been
granted to the state. McEnery then de-
manded division, and patents or script
for half the lands recovered. At this time
F. r. Nichols was governor, and he refused
tie request. McEnery then went into court
in New Orleans and got writ Of man.
damus. On hearing the lower court held
1t would lie, and Nichols took the case to
the state supreme court.
| The majority of this court was composed
of S. D. McEnery, formerly lieutenant gov
ernor, and president of the senate, as has
been detailed, and several judges whom he
had appointed to the bench when he was
governor The court affirmed the lower
court In 1890, and Nichols was compelled
to carry out the terms of the contract, by
order of court.
McEnery obtained a large portion of his
$4,000 acres in script, and located it on the
most valuable lands in the state reaping q
big harvest.
| McEnery's Patent Void.
The popularity of this whole transaction
according to the view of the general land
Office officials lies in the fact that the title
| to the school lands is in the United States
and has never passed out of the United
| States, except where sale has been made
strictly in accordance with the act of 1913
so that the patent to McEnery, under the
nandamus, is absolutely void, and his
grantees who hold any of these 50,OUt
acres hold only a shadow of title, with ne
statute of limitations in their favor.
INDEX TO ADVERTISEMENTS.