Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-04-23


acres.
Legislature Repealed Limitation.
This disposes al the first question.
and In effect disposes OF the second
question. The only limitation as to
the disposition Of state lands 50 far
as Il Affects the quantity that may be
sold to a single person, company or
corporation. is contained In section 5
and section 10 OF the article OF the
constitution above referred to, where
In It is provided that school lands
must be sold In subdivisions Of 40.
exceeding 100 acres to any one indi-
vidual, company or corporation, the
same proviso also being applied rs
section 10 or the constitution to the
Fale Of university lands.
When the land laws OF the state
were first enacted 1t was provided
that all state lands. whether inc,ud
ed In the limitations above provided
or not, should be sold in subdivisions
not to exceed 160 acres to any enc
person, company or corporation, but
when the legislature Last revised
the land laws Of the state 1t eliminat-
ed all provisions from the act which
would in any way operate as a lint
tation upon the right OF a person,
company or corporation to purchase
more than 160 acres of state lands.
At the time the lands in question
were sold there was no such statu-
tory limitation The stipulation OF
facts recites that no portion OF the
lands involved were university lands,
neither were they sections 16 and So,
or indemnity selections in lieu there
Of.
THE constitution alone fixes this
limitation. The legislature. having
repealed this limitation as to all
grants not particularly enumerated
in sections s and 10, article 8. Of
the constitution. the court must ans
wer this question that the lands in
question which were granted to the
state for other than general school
purposes and for university purpos-
es, may be sold without limitation as
to the quantity purchased by any
person, company or corporation.
Ownership Of Timber Discussed.
upon the third proposition above
stated, the stipulation shows that the
state, after appraisement, sold the
timber upon the lands involved in
1902, to one Musser, and that the
state land board issued deed there
for. BY the provisions Of the deed
the timber remaining upon the land
at the expiration OF 20 years from
date OF sale is reserved to the state
1t also appears that the land upon
which this timber was situated was
offered in the smallest legal subdiv-
ision for sale in 1909, and that f. NJ
Hoover. defendant. became the pur-
chaser of said lands. 1t should be
first noted that while the land laws
Of the state at the time the timber
was sold authorized the issuance OF
a deed therefor, 1t did not authorize
any exceptions therein not specially
provided by law. At the time OF the
sale of the timber the Law required
that it should be removed from the
land upon which it was situated with
in 20 years after the same. The law
at the same time authorized the sale
of the land separately and distinct
from the timber. but gave the pur-
chaser of the timber an easement to
enter upon the land and make GER
tain Improvements thereon for the
purpose of removing the timber
therefrom for a period of 20 years.
1 am satisfied that the state had the
power to sell both the timber and
the land, and after disposing of both
the land and the timber and issuing
conveyance therefor its entire in
terests in both land and timber have
been disposed of.
Timber goes TO States Grantee.
The 20 year period was evidently
intended as a Limitation upon the en-
eumbranee granted to the purchaser
of the timber to enter upon the land
for the purpose of removing the tim
Der therefrom, and when the state
subsequently, sells and conveys the
land Itself. ! am satisfied that any
timber standing upon the land when
the remembrance expires, belongs TO
the states grantee Of the land, and
the reservation in the deed gives the
state no right to the timber stand
ing upon the land at the expiration
of the 20 year period after having
conveyed the land itself, unless the
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