The free press. (Poplarville, Miss.) 1890-19??, 1923-10-04
Sale OF W aste
Swamp Lands
Upheld
Slpreme Court of State
slstains Chancery Court

r,.c;sions of the State Supreme
c.nrt established the authority for
=. : secretary Of state to sell waste
81 .,l swamp lands. The decision
-.s M handed down en- banc on two
.0sea!s. that Of the state ex rel
D, Moore, land conmiss'oner'
!. the Edward Hines Yellow Pine
r,,stees from chancery court OF
p.arl River county, and ON simi-
H. suit in circuit court Of that
county.
rhe chsncery court Of Pearl River
comfy held that the sesretary
. state was within his power in
,,,tinc the sale Of swamp land to
81 lumber company. The circuit
eo,rt decision was the opposite.
Eoth were appealed. The supreme
.aurt affirmed the chancery court
lsc;sion and reversed and rennanded
tha circuit court decision.
The decision ON swamp lands up
hgld the validity of land patents
issued under the provisions OF the
aot Of 1852 and materially affects
tho holdings of several lumber COM
oauies in South Mississippi, besides
large number of small property
holders. The suits were to test this
law. and were begun by 4. U.
Moore. state land commissioners who
attempted to recover lands sold BY
the secretary of state under TINS
uroyision. Hundreds of patents, ac-
pordinp to attorneys, have been is
sued under this law. The decision
Of the supreme court is hailed by
the local bar as being victory for
the lumber people.
The Supreme Court of Mississippi.
on Monday morning handed down
the opinion, read by Justice Ander-
son and concurred in by the entire
court, offirming the opinion Of Judge
D. N. Russell, at the time OF the
decision chancellor Of the district
and reversing the opinion Of Judge
sG. wcSd Magee. sisting as special
Judge in Lamar county circuit court
J, The case aroused great interest
as it involved not only a number OF
large lumber companies, notable Tne
Edward Hines Yellow Pnie Trustees
The Finkbine Lumber Co., The Iatum
Lumber Co., w. H. Magee Company
and James Hand, but large number
Of small holders throughout half
dozen counties. More than 2OO,Ooo
avres Of land were involved in the
various suits situated in the count'es
Of Pearl River, Lamar, Lawrence
Marion, Hancock and Lincoln.
The opinion was read by Justice
Anderson and concurred in by the
entire court. A notable clause IN
Judge Anderson's opinion covered
the moral phase Of the case. ne
said: "In dealing with the case tnere
arises the question of what con,
situated the land on or near rear'
River. The act WIS not strictly con-
strued by either the national or sIate
governments. If fraud on the par'
Of the state is shown II cohs's.s
simply in the fact that the sta'e
authorities in constituting the rear
River Swamp Act pursued exactly
the same liberal policy as the reos.a'
government did in constituting 's
swamp Act. It must be remembered
that this is the source Of title tnrousl
whom both the state and the Hines
Turstees claim the land. II ehs
Pearl River District perpetratea
fraud on the State, then the ota's
perpetrated the same fraud on tn'
Federal government. If the ota''
got its patents from the feoera
Government as the result OF irauu
accident or mistake. it seems thae
would not be very high Tor 'n'
State to complain that its patents =
the land BY the Pearl River LIS ,1s
srict were obtained by virtue Of eh
same fraud, accident or misvaNs
The construction has been to ION
acquired in to be now disturbed p 2
the courts. The consequence Of !.
overturning at this late day woul
9sbe too calamitous to innocent pu'