The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-02-09
JUSTICE R. ]. WILLIAMS
HANDS DOWN OPINION
Supreme Court Denies Writ Of
MandamuS In Friendly
Test Case

The supreme court yesterday after
moon in an opinion by Justice VII.
liams. denied the application Of Lew (
Belts, an employe Of the loan division
Of the school land department, for a
WIFI oil manaamuS to compel the pay i
nent sof his claim for one month $
service. The case decided is the one
begun by the school land commits
/ ssone-s To test the question whether
ltne school land department could
continue paving the expenses and sal
\ 'ries OF the department out OF the m
,erest and rentals OF the permanent
Z school land fund and school lands.
The school land commissioners
! though they had submitted tle lae5-
\ Jon TO the legislature through Gov
ernor Haskell and that body mad tak-
en- no action, a few months ago de-
cided 10 end the continued agitation
about the matter BY carrying the
question to the supreme court They
held up one OF Belts claims so that
he could bring friendly suit and
/ Ae decision is the result OF that ac-
ton.
Arout The Expenditures
The opinion holds that the commits
! sioness may not use the income from
The five million dollar fund to ue-
! fray expenses and in the absence ,oi
b legislative enactment, they have NJ
{ authority to pay out money without
in appropriation: and furthr that the.
b legislature cannot delegate It's author
! lazy to the board.
s AS no expenditures from rentals ol
r college lands can be made under this
s decision, either with or without1leeis-
e iative appropriations, and unless the
special session takes immediate ac
q ion in the way of an appropriation
for maintenance the loan and sales
departments OF the school land office
2 will have 10 close up.
e syllabus OF The Opinion
y /. Under the terms of the enabling
IF ict. the state is not prohibited from
2 using a part of the proceeds OF the
.c sale OF the lands granted by the fed
2 raj government TO the state of OK
'F lahoma for the state university and
p university preparatory school, normal
Q schools, the Agricultural and Mechait
20 lcal college and the colored agricul
, mral normal university, penal institu
az ions ana public buildings, and tol
he support Of the common schools, K
pay the expenses OF the state or leas
a ing thereof.
3 Under the provisions Of the en-
y ahlng act, the state IL not prohiblte
from using any of the interest from
p he five million dollars donated 10 tn
:, state for the use and benefit OF th'
common schools in lieu Of sections
~ and 96 and other lands of the, India
=, :, Territory, or the income from tn
A., permanent school fund as constitute
,i by section ?, article II, of the consi
-. tuition, to pay the expenses OF th
"a loaning and investing of the same.
"D 3. Under the provisions Of section
r, and 3, article II of the constitution
nm. the commissioners Of the land offic
~ are not permitted to utilize any po
ton Of the interest derived from In
five million dollars donated TO III
state by the federal government f
ihe use and benefit of The commu
49, schools in lieu OF sections lG and
~ ~, and other lands ef the Indian terr
= Tory, or the income of the permaner
~ school fund as constituted by yirtu
,1,o Of section >, article II, OF the const
, ''l. ution in order to defray the expense
~ ~ of loaning or investing such perma1
~ ent fund
ou (a) Under the provisions OF Sc
ns tion 3. Of article H. of the constitute
lal he commissioners Of the land offiC
"'" are permitted under the rules M
regulations as prescribed by the le
islature, to utilize a portion of Il
rentals derived from the lands gran
"a the state by the federal COVER
meni for the common school fund
sm- order TO defray the expenses OF lea
las ing the same.
men 4 A portion Of the proceeds of Il
ed sale of the lands granted to the sta
$3.50. By The federal government for Il
state university university prepar
tory school normal schools. the Ag
cultural and Mechanical college al
he colored agricultural and norm
university by The terms of the enal
ing oct and jhe provisions Of the co
stltuiiou. q nc state, under the Tul
I4s Ii'4ssIsIpeSgsSsasz @baf u sli' sslli'ltS1V
nay The expenses of the sale there
80. ThedSs1RAmf: sE6At ris'of ta1s Iaadi
llda. uneeFun nflAP a8Fs atAAhatod
continued ne F6rS'e 1aansc tlSySTllv ~
tue Of section 1905 tlie enabling a
until the legislature or the state p
acfibes rules and regulations are o
thorzed TO determine the numhe.
employees necessary for he le3si
Of ihe public lands fix their salari
and pay them or cause them 70
paid out OF The rentals derived ,hel
from. together with The expenses
such Department. Without m apr'
piiaiion made rs required by secti
a5. article OF tho constitution
8. (a) When the legislature or :