Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-01-12
WILL CALL AN
EXTRA SESSION
Action is Rendered Necessary by the
Supreme Courts Decision in the
State Bond Case.
Attorney General GaIen is Sustained
by the Court-Governor TooIe's
Brief Comment.


amount of $12,225, were invalidated
by decision of the supreme court to
day, when, in an opinion by Associate
Justice Holloway, concurred in by
Chief Justice Brantly and also by AS
sociate Justice Milburn in a separate
opinion, it was held that they were
issued in cOntravention of the states
enabling act and in violation of the
states constitution. 1t is more than
probable that an extra session of the
legislature will perforce be called by
Governor Joseph K .Toole in order to
provide funds for the conduct and
maintenance of the state educational
institutions, as it was for the benefit
of these institutions that the bonds
were issued, being based upon con.
gressional land grants therefor.
The matter came before the court
upon the application of G. S. Haire,
Helena architect, for writ of man.
date to compel State Treasurer J. H.
Rice to pay a warrant for $1,000
drawn against the state normal fund.
ne having been employed at that insti-
tuition in preparing plans and superin-
tending the construction of certain
buildings, the cost of which was pro-
v1ded for in bill passed by the Ninth
legislative assembly authorizing the
sale of $4,000 worth of bonds, hay-
Ing for their basis the congressional
land grant to that institution. The
bonds had in the meantime been pur-
chased by the state.
Acting upon an opinion by Attorney
General Albert J.. Galen. State Treas.
urer Rice refused to pay the warrant,
and incidentally stopped payments up
on warrants drawn on similar funds
OF the states educational institutions.
Supreme Courts Decision.
In BRIEF the opinion holds that the
congressional land grants were made
with a ricv-eee furnishing an cndow-
ment for the states higher education
al nstitutions-that is, that while the
interest from the sale of such lands
could be used in the maintenance of
the institutions, the principal should
remain inviolate. The opinion holds
that there is no conflict between the
enabling act and the constitution on
this question.
Will Call Special Session.
Governor Toole, when seen, declin-
ed to discuss the matter in any phase,
simply stating, when asked if he would
summon special session of the. legis-
lature to meet the new situation:
1T is question l do not care to
discuss"
It is everywhere conceded that an
extra session will certainly be called.
The decision formed the sole topic
OF conversation in Helena this after
noon. It is regarded as more than
probable that the equestion will be
carried to the supreme court of the
United States for final determination.
After reciting the history of the case,
the opinion continues as follows:
1T is apparent from section 12 of
article II of the constitution, and Sec
t1on of the act of February 2, 1905,
that as soon as the treasurer receives
any moneys from the sale of normal
lands Or timber therefrom into the
state normal fund, such moneys shall
be invested to draw interest, under
such regulations as may be prescrib.
ed by law, and that only interest on
such invested funds, together with
rents from leased lands, can be devot-
w W CAAO AA0AAIOuduC0 anu UOTp0Lud
tion of the normal school," declares
the court. "If this section of the con-
stitution is to be given force and ef.
feet. it is apparent that the act Of di.
verting moneys received from the sale
of normal lands, or the sale of tim.
Der therefrom, to the payment of these
bonds. is in direct violation of the
provisions of this section of the con.
stitution. Lands were granted to the
state of Montana, not to the legisla.
tive assembly. The legislature may
say how the lands shall be held, but
1t is the state which holds them, which
has the title to them. It is the state
which says what shall be done with
the lands though the legislature may
prescribe the manner of holding or dis.
posing OF them, but the title rests with
the state and the funds derived from
the sales or leases pass to the state,
to be disposed of by the state as 1t
may see fit. subject only to the con.
dition that they shall be used exclu.
sively for normal purposes. In the
wisdom OF the trainers of the consti-
tuition provision is made for the sup
port of our state normal for all time.
The principal of sums derived from
the sales of lands or of timber are
made to serve this institution by earn.
ing interest which may be applied
to its maintenance and perpetuation,
while the principal sums themselves
are kept inviolate.
1T would seem congress meant Mon
tana should in the first instance build |
the necessary buildings for the state !
normal out of its proper funds, and
that this bounty should constitute an
endowment for the maintenance and
perpetuation of such school for all
time to come thereafter; and that this |
was the construction given to section |
II of the enabling act by our legisla- |
tive assembly is demonstrated by the |
action taken by it at the time these
several state institutions were estab- |
lished.
"The act of the legislature. now I'M |
der consideration. in authorizing the |
expenditure of moneys received from |
the sale of normal school lands. or on
timber lands granted in aid of state
normal schools for the payment Of
bonds or interest accruing. is in d. |