Elk City mining news. (Elk City, Idaho) 1903-1913, 1906-04-28

States, whether surveyed or unSerVey \
led, but shall be reserved for school
purposes only"
Mineral lands are expressly excluded
from this grant, so that the grant is
present, absolute grant to all non-mln-
eral sections 16 to Sc, the title of which
rested in the United States at the date
of admission whether such lands were
surveyed or unsurveyed.
Article of the constitution of Idaho
provides for education, and the admin
histration of the school lands of the
state, gand provides that the public
school fund of the state shall forever
remain inviolate and intact. Also pro-
vides with rigid care for the admins
tration of these school lands for the
purposes expressed in the constitution
and for no other purposes whatever;
And also provides that no school lands
shall be sold for less than ten dollars
per acre, and that not to exceed twenty
D five sections of school lands shall be
sold in any one year, and that they
shall not be sold in subdivisions to ex-
coed one hundred and sixty acres to
tany one Individual or company, or cor
poration. The people of the state OF
Idaho will permit of no lax or forced
construction of these constitutional
\ limitations.
|
1t will be observed that the granting
words in the section of the statutes
above quoted are: care hereby grant
ed to said state" Those words have
been construed by the supreme court OF
the United States, in the case of Schu-
lenberg VS.. Hartman, 81 Wallace, page
"A, and long line Of decisions reaffirm-
| ing this doctrine in which the court
holds that such words of grant consti-
I tute grant in present., and that the
title, by virtue of such grant, passes
from the United States to the grantee
absolutely, and is no longer subject to
any action or control on the part of the
government or any of its branches.
This is applicable only to the lands
comprising sections 16 and Sc, the title
to which was in the United States on
the date of the passage of the Idaho
admission bill.
The provisions in the act for the Sc
lection of lieu lands applies only as
stated, in section a, to such sections, or
parts thereof, as had been sold or other
wise disposed of by or under the au-
thority of the act of congress at the
date Of the passage of the admission
act of Idaho. For such sections 16 and
SO as had been sold, or otherwise dis
posed of, prior to the admission act,
the state is allowed to select lieu lands
in the manner prescribed in section a
of the act. and not otherwise. And as
: to such lieu lands the title Of the state
, under the act was not in present., but
is an inchoate grant to attach wher
, such lieu selections are made,
| The real contention on the part of the
: state is that the title to all sections II
and Sc within the state, the title tt
which was in the government at tht
! date of the admission act, passed et
7 Instant and absolutely from the gov
/ eminent to the state, without further
, act on the part of either the govern
2 ment or the state to perfect such title
a No selection was necessary because tn,
: act designated the land by recognized
j subdivisions. That as to the lieu lands
f or any other lands granted by the stat
!, for educational purposes, the grant wa
: not in PRESENT., such grant being by it
:. terms subject to selection in the future
: and the title to such lands would onl
0 vest when selection was made and ar
S proved.
! The decision on which the forestr
i bureau has based its claim of right t
include sections 16 and SO within fores
reserves has been based upon an error
6 eous construction of the statute, an
# which failed to recognize the distint
J. ton in the class of title which passe
o under the admission act to the differer
grants of land. The department hs
enormously considered the rule state
ID by the United States Supreme Court
id the case of 'Heydenfelt VS.. Daney G.
" M. Co., SO U. S., 634; N. Y. Indian
r VS.. U. S., ITO U. S., page IS; Hall v
J. Russell, 1O1 u S., 500, as applicable
sr the sections 16 and sc granted to IL
b. state of Idaho by the admission act.
er each of the foregoing cases, and in {
to other cases holding as they do, Il
is granting words were 'shall be granted