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

what passed between Finn and Smith.
The application for a mining lease is
simple matter, but Smith went to
the auditors Office with a letter Of
introduction to Finn asking favor
of him. Nothing like a mining lease
was mentioned in it. Finn and Smith
met at the Ryan, went across the street
and there was a talk about something.
On December TO- 1902, Smith wrote a
personal letter to Finn. The refer
ences in it are mysterious. Finn says
he does not understand them. Smith,
whose deposition was taken, is not
here to explain. Nothing is said
about a lease. 1t does not read like a
letter from a man after lease. If
Smiths purpose all this time was to
get lease from the State this letter
was unfortunately worded. From the
evidence produced I cannot but be-
lieve that what was going on between
Finn and Smith, and something was,
had little reference to a mining lease.
Again, Smiths accomplishing delay
was not the action to be expected of a
man who had been defrauded of a
lease.
The first two claims aside, we come
to the really important question in
the case-the constitutionality of the
mining lease law.
Section 2 of Article s of the consti-
tuition, adopted in 1857, is as follows:
1.-The proceeds of such lands as are
or hereafter may be granted by the
United States for the use of schools,
within each township in this State,
shall remain a perpetual school fund
to the State, and not more than one
third of said lands may be sold in two
years, one-third in five years, and
one-third in ten years; but the lands of
the greatest valuation shall be sold
first; provided, that no portion of said
lands shall be sold otherwise than at
public sale. The principal of all funds
arising from sales, or other DISPOSE
ton of lands or other property,
granted or intrusted to this State in
each township for educational pur-
poses, shall forever be preserved in
violate and undiminished: and the
income arising from the lease or sale
of said school land shall be distrib-
uted to the different townships
throughout the State. in proportion
to the number of scholars in each
township between the ages of five and
twenty-One years, and shall be faith
fully applied to the specific objects of
the original grants or appropria-
tions.''
In 1877 the following amendment was
adopted:
"Suitable laws shall be enacted by
the legislature for the safe investment
of the principal of all funds which
have heretofore arisen, or which may
hereafter arise, from the sale or
other disposition of such lands, or the
income from such lands accruing in
any way before the sale or disposition
thereof, in Understanding bonds of
the United States or of the State of
Minnesota, issued after the year one
thousand eight hundred and sixty, or
of such other State as the legislature
may by law from time to time direct. "
In 1881 this further amendment was
adopted:
"All swamp lands now held by the
State, or that may hereafter accrue to
the State, shall be appraised and
sold in the same manner and by the
same officers, and the minimum price
shall be the same, less one-third, as
is provided by law for the appraise-
ment and sale of the school lands un-
der the provisions of title one of chap
ter thirtyeight of the General Stat
utes. The principal of all funds de-
rived from the sales of swamp lands,
as aforesaid, shall forever be pre-
served inviolate and undiminished.
One-half Of the proceeds of said prin-
cipal shall be appropriated to the
common-school fund Of the State.
The remaining one-half shall be ap-
prOpriated to the educational and
charitable institutions of the State, in
the relative ratio of cost to support
said institutions.
So far as the constitutional ques-
tion is concerned it is not thought
that a distinction is to be made be-
tween school lands and swamp lands.
Title one Of Chapter thirty eight of
the General Statutes, referred to in
the last amendment, regulates the dis
position of school lands. The State
auditor is made commissioner of the
land Office, and is given charge and
supervision of all State lands, with
authority to superintend, lease, sell
and dispose of the same in such man
nor &C NAV he 1irectod NV INV. and