Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-27

LAND BOARDS DUTIES.
The decision OF the supreme court
IN the Marble creek case is one of the
most important and far-reaching
opinions ever handed down by west
ern state court. The more one stud
les It the greater becomes the scope
Of the opinion. II involves the title
70 every school section--16 and SO
--in the state, that has been disposed
Of by patent to individuals or other
wise, excepting In accordance with
the demands of the constitution as
interpreted by the court. Practices
Of the state land board, since the adj
mission OF the state, are swept aside
and litigation looms up from every
quarter, involving individuals, the
state and national governments. and
It looks as though the supreme court
Of the United States must finally de-.
termine who is who and what is what
70 set things right.
IN addition to all of the other COM
plications, the decision may have an
important bearing on the overflow
cases Of the Washington Water Pow
or company. which are now In the
public eye, In December, 1908, the
state land board decided perpetual
right to the water power company to
Hood certain school lands in the
Occur d'AIene river valley and else
where. consisting OF something over
one hundred acres, at a price OF So
an acre. This sale, or grant, was
called to the attention OF the senate
committe during the following SEES
sion of the legislature then making
an investigation OF the acts OF the
state land board---and the commit
tee. after looking into the transact
ton, reported that the sale was for
less than the value Of the land. The
committee recommended an Inyes-
tigation into the matter by the attor-
ney general OF the state with a view
70 bringing and prosecuting an &C.
ton. II was also recommended that
the commission created for the pur-
pose OF investigating the claims OF
the Marble creek settlers make an
inquiry into the state land boards
transaction with the water power
company these recommendation
were approved by the senate-but
somehow the attorney general and
the committee seem to have over.
looked this part of the instructions
and reported only on the Marble
creek case which called from the su.
preme court its sweeping and reyo-
lutionary decision, which may vel
involve the power company In lltt
cation with the state, from the fact
that the action OF the state land
board In this matter Is as clearly II,
legal and unconstitutional as II Is II
the other case. II the state has nc
constitutional right to In any manner
dispose of school lands. except at
price of not less than $40 an acre
and after putting them up at publ,
auction. then It's deed TO the Wash
ington Water Power company Il
clearly Illegal. as 1t covers lands Ii
sections 16 aud SO In townships Al
and 10, ranges ?, 3 and 4, w. b. NJ.
situated In the Occur d'Alene rive
valley and in other valleys adjacen
70 the lake.
There are other complication
which may arise to perplex the lega
and judicial minds. But one grea
good has come out OF the situation
which will be appreciated BY the PEG
pie Of the whole state. and that /
the fact that the school lands. or tn
proceeds from their sale under con
stttutional restrictions. must be fol-
ever maintained In whole as rle
heritage 70 the common schools Q
the state. That Is more importan
than all other features of the cas-
combined.