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

but since II ID incidentally involved
in the consideration OF another phase
of the case and viii arise In the finaI
determination of the case, we will
give 1t consideration here. AS has
been heretofore observed in this opin-
ion, the people OF the state had
adopted the constitution prior to the
passage of the admission act. The
act Of July 3. 1890, admitting Idaho
into the union, specifically accept
ed, ratified and confirmed the state
constitution. and the state came into
the union Immediately upon the pass
sc and approval of the admission
bill. Nothing remained for the state
to do to bring itself within the pro-
visions of the act Of admission. Ii
was then state"
Sections and 5 Of the admission
bill are quoted, after which the
opinion continues: lit will be OBJ
served that the language Of this
grants in praesenti. The grant would
therefor seem to be a present grant.
The act says that sections '16 and
SO in every township of the state
are hereby granted to
said state for the support of com
mon schools. It also provides for
the selection by the state of indem-
nifty lands to reimburse the state
where such sections or any part
thereof have been sold or otherwise
disposed OF by or under the author
ity of any act of congress-
This evidently had reference to
the time of the passage OF the act
and meant that lieu or Indemnity
lands might be selected for such
lands as had been sold or disposed
of at the time of the admission of
the state. This is accentuated by the
provisions Of the latter part of sec
ton 5, saying that no such lands
whether surveyed or unsurveyed'
shall be subject to presumption,
homestead entry, or any other entry
under the land laws of the United
States. This act, it will be observ-
ed, is different from most of the
previous land laws as well as land
grants, in that it specified and in
Guided 'unsurveyed' lands and there
by withdrew all the 'unsuryeyed'
sections Is and SO from settlement
or entry under the land laws "
Congress Cannot Interfere.
at seems to be intimated that the
admission bill was in some way
amended and modified by act of Au-
gust IS, 1894, and other amend
ments to the land laws, (2S Stat
1872, 394) but we know of no power
or authority whereby the congress
can divest the state of its title to
lands that have been previously
granted and to which title has
vested.
1T is not improper to note an
other significant fact in this con-
nection. On February %, 1889
which was about a year and hall
prior to the admission of Idaho, con
gress passed an act (25 Stat. a
Large, 679) authorizing the people
of North Dakota, South Dakota
Montana, and Washington to form
constitutions and state governments
and providing that they might there
after be admitted as states. That
the new states should upon their ad
mission into the union receive sec
tions 16 and Sc, in every township
for common school purposes. The
same section, however, contained 4
proviso that is nowhere to be found
in the Idaho admission bill. That
proves specifically excerpts and re
serves from the operat' on of the &C
sections 16 and SO in permanent
reservations for national purposes,
and ANY lands embraced in Indian
military, or any reservations of an!
character 1t is significant that
the Idaho admission bill passed sub
sequent to the passage of the fore
going act contained no such excep
tion or reservation. There Is moth
ing in the entire admission bill whiel
negatives the idea of present grant
The grantee was in existence at tn
time Of the passage of the act, an
the lands were in the state. som
surveyed and others unsurVeyed
The fact, however, that the LAM
was not surveyed could make no DIFF
ference where the numbers of tn
sections were specifically given. Tn
title to unsurveyed lands may be
readily conveyed as that to surveys
lands. 1t is a maxim of law that ]
certain of being made certain. A