The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28

lease. We have already seen that
land is corpus, and that the profit
coming from it by way Of royalty
Tor the working of a mine in it, which
the tenant has the right to work, is
income. If we pursue the investiga-
ton further we find that standing tim
Der, as between the life tenant and
the reversioner, has from the earliest
times been treated as corpus. Bate
man v. Hotchkin, 81 Beav. 486;
Tooker V. Annesley, Sim. 235;
Waldo v. Waldo, 7 Sim. 261; Stone
braker v. Zolliakoffer, 81 Md. 154.
The distinction between the product
of an open mine and the product CON-
ing from the cutting of timber has not
escaped judicial observance. DAILY
V. Beckett, "a Beav. LA. From this
distinction counsel for the defendants
adduce an argument in opposition to
the analogy between the removal of
standing timber and the removal of
ore. Their argument is that this dis
tlnction has always been made, and
that it shows difference in the essen
tial nature of timber and of ore rem
dering the analogy without force; but
it is 70 be noticed that all these cases
refer to an open mine which the tenant
may work. The analogy drawn by
counsel for the State is between stand
ing timber and the unopened mine
which is corpus: and for the purposes
of discussion of the constitutional
questions we have unopened mines.
The constitution of 1857 provides
that ''the proceeds of such lands'' as
may be granted by the United States
for the use of schools shall remain a
perpetual school fund, "provided,
that no portion of said lands shall be
sold otherwise than at public sale. :"
1t also provides that the principal
"arising from sales, or other DISPOSE
ton of lands or other property"
shall be preserved inviolate, and that
1.-The income arising from the lease or
sale OF said school lands," shall be
distributed to the different townships.
The amendment of 1877 provides
that the legislature shall enact suita-
BILE laws for the investment of the
funds arising "from the sale or other
disposition of such lands, or the in
come from such lands accruing in
any way before the sale or disposition
thereof.''
The amendment of 1881 provides
that the swamp lands shall be zap
praised and sold in the same manner
as is provided by law for the
appraisement and sale of the school
lands" etc., etc.
The constitution, in addition to the
word "sale," uses the terms, "other
disposition, ''income from such
lands," and "income arising from
the lease or sale Of said school
lands"
The constitution of the state of Wis
lconsin has this provisions:
"Provision shall be made by law
for the sale of all the school and uni
versity lands after they shall have
been appraised; and when any por-
ton of such lands shall be sold and
the purchase money shall not be paid
at the time of the sale, the commits
sioner shall take security by mort
gage upon the land solo,
The legislature enacted law pro-
viding for sale at public auction,
not less than ten per cent, nor more
than seventy-6ve per cent, to be paid
in cash, and the balance to be paid in
installments at any time within ten
years from the time of sale: and it was
provided that the title in fee should
remain in the State until patent is
sued, and that patent should not issue
until full payment of the purchase
price.
A sale in accordance with the terms
of the statute was upheld. It was
held that the ''sale' contemplated by
the constitution was a sale in fee:.
and the court said that the mature of
the sale provided for under the statute
differed from the one contemplated
by the constitution, and to which the
constitutional inhibition applies. -
Smith v. Mariner, 5 Wis. 55l. The
disposition authorized by the leisla-
ture was contract for a sale of real
estate creating an interest in the land.
It was an interest which could be
mortgaged. Dodge V. Silverthorn, II
Wis. GA: Jarvis v. butcher, 16 Wis.
3o7. And it was suggested that it was
an interest subject to dover. Mowry
v. Wood, II Wis. Ais.
Manifestly, if the meaning given to
the word "sale" is correct, the sale
of the States agricultural lands on
a cash payment of fifteen per cent and