Omaha daily bee., 1902-07-19
FOLLMER IS STANDING PAT
Insists that the Boyd County Lands Belong
to the State,
IS FORTIFIED BY LEGAL OPINIONS
Heavy Rain OF Thursday Night Sets
Lincoln People to Watching salt
Creek, which over
flows Banks.
CFrom a star Correspondent

(From a STAN correspondent
LINCOLN. July 1s.-(special)-Lan
Commissioner Follmer has assumed a de-
termined attitude regarding the proposed
transfer OF the Boyd county homestead lands
and will not afix his signature to the deed
Of REIMBURSEMENT unless compelled to do so
by a court Of recognized jurisdiction. He
maintains that the state holds a legal title
TO the property and that none Of II can be
relinquished in any manner other than as
provided for by the constitution. Mr.. Foil
mer has fortified himself with opinions by
well known legal authorities and is pre-
pared to fight the case either before the In
terror department, where 1t has been pend
ing recently. or in any court.
The tract in dispute contains about 1900
acres. 1t is claimed by the homesteaders
that they settled on 1t with the understand
ing that it was subject to entry, when, as a
matter Of fact, II was owned by the state
and could only be sold or leased for the
benefit Of the school funds The Board Of
Educational Lands and Funds voted to re-
l~inqutsh the land to the general govern
ment, that the homesteaders might then
make entry and retain possession. Mr..
Follmer opposed this action and filed objec-
lions in the Interior department to the &C
ceptance Of the deed.
The following opinion by Dean Reese. in
which It is held that the board cannot re-
linquish the land either to the government
or to individuals, except In the manner pre-
scribed by the constitution. and which Is a
apart Of the record Of the board, explains the
legal questions involved and shows the
ground upon which the land COMMISSIONS is
standing.
Judge Recess Opinion.
II seems to me that the title to the land
has become fully vested in the state for
the benefit, Of the school funds Of the state.
tuition relating to the school lands.
The title having thus been vested, / am
V VeSetf Of Z its Tss title h2S except 5%s tim in the method
prescribed by TIE constitution. section l
custody and control Of the Board Of Edu-
cational Lands and Funds. Section 2 pro-
hibits the disposition OF lands In any other
OF the grant. - The only method given by
the constitution for the disposition Of such
article viii, of the constitution 1t specifically
etates university, agricultural, common
school or other lands which are now held
or hereafter be acquired by the state for
educational purposes, shall not be soid tor
i tsTtb Snen State, ~ per tS serei anddss u under fne cV Control Of
the state shall never be donated to railroad
companies, private corporations or individ-
The only theory upon which the acts of
April, 1901, can be held to be constitutional
is mat the IlLle mas never NtSAcu III ~
state. but that the selection by the com
missioner of public lands and buildings is
void or voidable. Neither OF these posi-
long to the United States, the United States
transferred 1t to the state and the const-
tuition places II In the care and manage
ment Of the board. It can go nowhere else.
II the actg of the legislature of 1901 are
upheld they have deprived the board Of any
authority over the land, and that body can
have nothing to do. with It,, The law dt
~ the limited States and. that unCOnOl-
tionally.. The board is not to be consulted
Under the provisions Of these acts there
of the governor In making the deed. The
provisions Of both the acts OF 1891 are tbs
Nebraska be and he hereby is authorized
and directed TO execute a deed OF rein
conveying any and all interests of the
state of Nebraska in and to the said par
noh,h1 FOR the board to do. There is n,
action for 1t to take. 1t. is my opinion tina
both acts are in clear violation OF the con
s~titutlon and are void, and that they con
fer no authority upon any person or boar
TO take any action in the matter and tina
ernor, or by any other person. either witt
or without the sanction Of the board, woult
be wholly without authority OF law.
Lincolnites Watch Salt Creek.
The heavy rain that fell in Lincoln an,
vicinity last night gave promise Of a repe
tition OF the flood of last Wednesday night
The rainfall in this city measured 2.5
inches and in some nearby places was eve
greater. Salt creek had overlooked Il
banks by daylight and at noon the waite
extended from First street over the Sal
basins for a distance of half a mile. Cit
Engineer Camper, after measuring tn
water this afternoon, said that anothe
rain. as heavy as the one which fell las
night would bring the high water into tn
Wholesale and manufacturing district agail
An executive committee was selected la'
evening at a meeting OF the officers Of I'll
L. L. Lindsey Republican club. The ses
sion was with George A. johnson at Mint
and o streets. This action was suf1cieI
to place the club In complete working oil
der. These men are on the committe,
George Hollinger. chairman; William
Nelson, Thomas Carnahan, Louis Carte
George H. Johnson, Frank Chrisman, L. 1
williams and James Trusty.
Articles Of Incorporation Of the Wilsc
Steam Boiler company Of Omaha we
recorded In the secretary Of states ONT
today. The company is capitalized Il
$40, 900. Its incorporators are: John MIL
Wilson, John Morris Wilson and Carl Al
gust johnson.
Prepare for Firemen's -TOurnamen
GRAND ISLAND. Neb., July lisp
cial.)-The executive board OF the Graz
Island FIRE department had q meeting la
night, at which o. H. Tracey was elect'
general manager for the hremen's tourn
ment. Good progress was reported by I