Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26

CT
ters, was intended to run raea
with settlers, land scrip brokers rail-
road companies, and timber ana
stone land grabbers to secure the
remnant and refuse OF thu nnblie
domain as lieu and indemnity lapda
Tor all its best and most valuable
scnool land sections, I6 and 36
would render sections 4 and OF the
admission bin only a aeIusion and
an Idle declaration. AT the time Of
the admission Of the state into the
union, less than one-fifth OF the area
OF the state had been surveyed. There
remained about 100000 acres
to survey. If title vested In the
state to the school sections only that
had been surveyed. the state was get
ting merely the barest contingency
for the unsurveyed sections, notwith-
standing the declaration in the act
that whether surveyed or unsur-
yeyed' such lands should not be sub
1ect to any kind of entry.
This discussion, however. Is col
lateral and incidental only to the,
main point with which we are here
interested. Whether the govern
ment through any OF tbs agencies
has the power to reclaim the school
sections granted by the admission
bill, is immaterial SO far as the gov
eminent is concerned, because con-
gress by the act of August Is, 1894,
and other acts dealing with the pub
Tic domain, has amply authorized the
interior department to grant indem-
nifty and lieu lands to the states for
any and all lands lost or relinquish-
ed by the state.
No Authority for Act.
The real question then recurs.
Has the state authorized the relin-
punishment OF sections is and SO, and
has the state land board the author
ity to relinqush the states right to
such lands? But one answer can be
given to this query. The authority
for such an act cannot be found in
either the constitution or statute
1t is. therefore, perfectly safe to say
that no such power exists. We have
hereinbefore said that the board
must act under the law. 1t must
find authority in the constitution
and statute for its acts. No such
authority as claimed exists, and it is
clear that the state land board has
no power to relinquish or surrender
the right or title of the state Of
Idaho to any of its school lands. If
the states title to any of these lands
comprising sections 16 and SO is
questioned or denied by the depart
ment, then the duty of the state to
secure an adjudication of the matter
by the federal supreme court is plain
and unmistakable.
1T follows, therefore,. that what
ever may be said with reference to
the states vested rights in sections
16 and SO, it is plain that where
such sections are found to be min
eral lands the states title fails by
reason of such fact and the land
board is authorized, and indeed 1t is
its duty, to make indemnity selee-
tions from other lands to reimburse
the state for the loss. If the state
agent, in making the filing, should
err in describing the lands lost, sold
or disposed of for which the lieu
land selection is being made. we do
not apprehend such an error would
defeat the states right to make the
selection and acquire the title to
such land and have them properly
charged against such lands as it had
actually lost by reason of the min
eral character of school sections OF
by reason of loss to the state of any
of its public grants from any other
legal cause.
The complaint states cause Of
action end the demurrer will be
oyerruled."