Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-04-23
RIGHTS OF STATE
IN SALE OF Land
JUDGE WOOD HOLDS LIMITATION
EXTENDS CITY TO SECTIONS
10 AND 80.
.ieu Lands Also Come Under The

pwn about $3.50 O'Clock last eve
ng in the case Of State VS.. E. NJ.
Dover, a lawsuit involving title to
pveral thousand acres OF timber
lnds in Boise county. holds that the
imitation contained In the constitu-
lon providing that not to exceed rs
ections of school lands shall be sold
any one year, and not more than
SO acres to any one person, com
ANY or corporation, extends only to
Actions 16 and 36 and indemnity Sc
ctions in lieu thereof, and DEGREES
at standing timber at the expira-
Dn Of 20 year period for removal
tanted the purchaser thereof prior
the sale Of the lands on which the
mber is located, becomes the prop
fty of the states grantee Of the
\ nd.
i The question Of legality Of the
he and right and title to the timber
the lands purchased at the end Of
g 20 year period was raised in a
ipulated case filed, argued and sub
tilted by counsel for the state and
r the defendant. The timber on
e lands in question was purchased
1902 by r. d. Musser, president
the Payette Lumber company, he
ing granted 90 years in which to
and remove the timber from the
lie lands. In October, 1909, the
lds We're purchased by E. VI.
over, vice president and general
mayer of the Payette Lumber
npany, the present case originat-
therefrom in order to determine
Eality of the sale and right and
e to the timber. Appeal will prob
y be taken to the supreme court
have the questions finally deter
he'd.
Questions Raised for First Time.
This being the first time that the
ality Of sale of state lands ex-
ding the % sections in any one
r. also the legality of sale of
be than 100 acres TO any one per
company or corporation and
t and title to timber on state
at the end of the 20 year per-
Jas been questioned. the decision
hdge Wood is of more than
interest and Importance, bear
s it does on future sales by the
In discussing the first ques-
Judge Wood says: Il am
hghly satisfied that the Iimita-
contained in section s, article 8
e constitution was intended to
b only to those lands granted to
tate for general educational pur-
n; or, in other words for the use
he public schools. This grant
limited to sections 16 and IS and
unity selections in lieu thereof.
" section 3, article 3, of the con-
tion, it is provided that, The
c school fund of the state shall
err remain inyiolate and intact;
that, The interest thereon shall
be expended in the maintenance
schools of the state And by
n of the same article it is
ed that, The public school fund
consist of the proceeds OF such
as have heretofore been
ed, or may hereafter be grant
the state by the general gov
ent, known as school lands, and
granted in lieu of such
hd all other grants of land or
made to the state from the
al government for general edu-
al purposes, or where no other
purpose is indicated in such
ecial Purposes Enumerated.
other lands granted to the
by the general government for
onal purposes except sections
So and the indemnity selec-
lieu thereof, indicate spe-
rpose for VIII oh said lands
nted, and all OF the lands in
in this case were granted for
pecial purpose enumerated in
making the grant as distin-
from those granted for gen
Vocational purposes.
constitution in ny opinion
limits the construction Of the
school lands as used in this
of section to those lands
d for general educational pur-
rom the sale Of which lands
Aeral public school fund of the
5 in any part derived. This
too. is strengthened by the
Of the constitutional eOnven-
distinguishing lands granted
state for university purposes