The Miller sun. (Miller, Hand County, S.D.) 190?-19??, 1908-01-18
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court Wednesday, IN an opihloh ~
Justice Corson, the question of high
ways on section lines all over the stare
was made clear and a question of local
interest in every part OF n state
fixed so that contentious will be stop
ped. Ewart and Ingham leased q
large tract of land In northeastern
Sully county and fenced the tract with
out regard to section lines running
Through IT. This called out a protest
from residents of hat part of the
county, and in 1890 they went to the
county commissioners with a petition
asking that all section lines in the
county be declared to be public high
ways, so that they might have free
and unobstructed travel on the section
tines. The commissioners took this
action, and the road commissioner In
that part of the county attempted to
remove the fences which crossed the
section lines. AS fast as he tore them
down they were repaired by h own
ers Of the pasture, and an injunction
was asked to restrain the rebuilding
Of the fences. The ase has been
hanging fire for a long time, but the
lower court has been sustained in its
action granting the injunction. In its
findings the court says:
THE legislature of 1871 declared
that hereafter all section lines in this
territory shall be and are hereby de-
clared public highways as far as prac-
ticable.' The legislature evidently in
tended that the term highway us
used in the law of 1871 should have
the ordinary meaning and that sec
ton lines throughout the territory as
far as practicable, and not interfering
with the then existing highways in the
settled portions Of the territory should
be opened to the use of the public,
and no action of boards of commission
ePs or supervisors of townships is re-
CURED to establish or open such high
ways as are practicable on section
lines. The highways so established by
the legislative authorities cannot law
fully be INSTRUCTED by private citizens,
until changed or vacated in the man
ner provided by law. 1t follows, there
fore, that the highways obstructed
by the defendants by the building Of
fences across the same was in VIC.
lation of law"
1t is further held that the term $50
far as practicable" was only to save
expense which might be incurred in
an attempt TO force a section line
highway across ground which would
cause a heavy expense for road build
ing. Justice Haney dissents to this,
holding that section lines cannot be
made highways without the regular
formula for opening highways by petit
ton.
A meeting OF the state public lands
committee will be held the third OF
next month. to take action for the first
time under the provisions OF chapter
226 of the laws or the last legislative
session. This law requires as nearly
as may be possible, that fifty thousand
acres of the state public school lands
shall, beginning with 1908, be Of
fered annually until one-fourth Of the
lands have been disposed of. Under
present conditions there is not the de-
mand for such lands as has been the
case for several years, and 1t is hardly
likely that AIRY such an amount can
be disposed of this year. There is not
the VSlildtlu lot ~ hIiN 49,
been the case in former years. and
the board will have to do its selecting
generally where they have cause to be-
lieve that sales will be the most ike
~. But with the opening OF spring
there may be a better market than
present conditions indicate, and con-
siderable Of the land sold.
The delegates selected from Pierre
{, the Missouri river meeting at Sioux
CITY Jan 81 to 20 are ~canvassing the
possibilities to be opened up through
action at that meeting. IL was q
Pierre man, who by the use Of boating,
forced the rate on wool from here II
eastern markets down more than SO
per cent, and with that as a criterion
as to what can be done the Pierre
men are ready to push to the front
any action which will help to reduce
other freight rates. 1t is now up to the
Missouri river towns to get together
and work unitedly to accomplish what
they have been seeking by application
to the railroads for years without any
great results.
The report OF the state treasury for
the last day of December shows a re-
duction in the bank balances caused
by the payment of warrants called
during December. The general fund
was down to s13,544.1s; the perma-
nent school fund showed $~21,47S.92,
but most of this has been sent out
since that date, cutting that fund to
practically nothing. The capitol build
ing fund started the new year with
sI72,614.si. This will be cut down
when the bills to be considered at the
present meeting of the commission are
acted upon. but It will be large enough
after that to give a good operating
fund for the next year.