The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1902-10-29
nuRroRn.s opinion

b0 mr. OftE . Vf"tfFt0tNt
chief Justice Burford in yeater
days Capital publishes an opinion In
tended to bolster up the waning
cause Of the Republicans with the
school land lessees. This opinion was
secured from Judge Burford to in
nuence voters. because Of the high
official position which he holds, and
in its reasoning ana conclusion it is
unmistalSable demagogery. Here are
the two sections OF the statehood bill,
known as the Flynn bill, which treat
of the school lands ard their dispo.
siion. and the sections about which
Judge Burford gives his opinion; rec
ton 8 provides THAT section thir-
teen Is to be disposed of as the leg
islature of the state may prescribe.
and the last paragraph of section
eight provides-that section thirty
sbree heretofore reserved under said
Proclamation and ac.s for charitable
and penal institutions and public
buildings shall be appraised and dis
posed OF as the legislature OF the said
state may prescribe.
Section nine, which provides for
the disposition and sale Of sections
sixteen and thirty-six does not leave
the manner CT sale to The legislature
of the new state. but provides as fol
lows:
Section o That said sections six
teen and thirty-six, and lands taken
in lieu thereof. herein granted for the
support of the common schools. shall
be disposed of only at public sale,
preference right to purchase being
given to the lessee at the time of such
schools. But said lands may, under
such regulations as the legislature
may prescribe be leased for periods
not to exceed FIVE years: and such
lands shall not be subject to home
stead entry under the land laws Of
the United States. whether surveyed
or unsurveyed, bus shall be reserved
for school purposes only.
In this section it clearly provides
that said sections sixteen and thirty
six shall be disposed of ONLY AT
PUBLIC SALE
The fact that the school land les.
see is given a preference right does
NOT suffice, there is no provision in
said section, or anywhere in said bill
to protect him IA his improvements.
This land ic to be sold only at public
sale. and il some one else should bid
three thousand dollars for the school
land lessees quarter section, through
his preference right. he could take it
at hat price, but in doing 20 he would
have TO pay for his Improvements al
ready placed on tbs land
The very hing tina. Democratic
speakers are objecdng to, and the
school land lessee5 are against. is tie
fact that said bin no where provides
a protection foe their improvements.
and when Judge Burford ays that he
hnds no reference to their improve
ments in the Flynn bill he admits
the very objection which the school
land lecsceg aud the Democrats are
making against this bill
1t is a well known principle Of law
in the construction of such acts that
where by inclusion in section eight
they leave the manner and method of
the sale Of sections thirteen and thirty
three to the state legislature, that il
Is excluded by not being mentioned
in section nine and by this rule Of
construction the legislature is ex-
eluded from making provision as to
,he manner and method of sale of
section sixteen and thirty-six, but
they shall be sold as provided in
section nine oaly a, public aale
Again he says: In adopting a con-
stitution we win be controlled by the
enabling act, and must make our
conctitution conform to its require
ments," BY this statement he plain
ly says, that our constitution mus,
contain the provisions OF section nine,
that is, taat section sixteen and thir-
ty-six shall BE- disposed Of only a,
public sale, and while in his final CON
clusion he says that IT is a rightful
subject Of legislation" he seems 10
overlook the fact that the legislature
rs limited by this vegy provision.
Again, since this opinion is given for
the purpose of satisfying the school