Balderston v. Brady

Citations

• 17 Idaho 567
• 107 P. 493
• 1910 Ida. LEXIS 130

Syllabus

<p>State Lands — Power op State Land Board — Discretion op Board— • Title to School Lands — Power op Board to Belinquish School Lands.</p> <p>1. The state board of land commissioners is vested under the constitution (secs. 7 and 8, art. 9) with the “direction, control and disposition of the public lands of the state under such regulations as may be prescribed by law.”</p> <p>2. Under the provisions of secs. 7 and 8 of art. 9 of the constitution, the direction, control and disposition of the public lands of the state must be in pursuance and under the direction of the con-. stitution and statutes of the state, and not otherwise.</p> <p>3. Where the proposed or contemplated action of the state land board involves the exercise of judgment and discretion vested in the board, the courts will not attempt to control or direet sueh discretion, or in any manner interfere with their action so long as it is exercised within the scope of their authority. Where, on the other hand, the proposed or contemplated action is without the authority of law, or has no legal sanction,, the courts may interfere and interrupt their action and declare the law on the subject and point out to them the legal scope within which their judgment and discretion is to be exercised.</p> <p>4. House joint resolution No. 10, adopted March 10, 1909 (1909 Sess. Laws, p. 451), has no force or effeet as a law of the state, and can furnish no authority or justification for the state board of land commissioners either acting or refusing to act on any matter coming before them. They cannot rest or justify their action in any matter upon the authority or direction of such resolution or any action taken by the commission created by that resolution.</p> <p>5. The state’s title to sections 16 and 36 in every township in the state discussed and considered.</p> <p>6. The state board of land commissioners has no power or authority conferred upon it, either by the constitution or statute of this state, to relinquish th