Barber Lumber Co. v. Gifford

Citations

• 25 Idaho 654
• 139 P. 557
• 1914 Ida. LEXIS 25

Syllabus

<p>Mandamus — State Board of Land Commissioners — Sale of State Timber — Public Auction — Discretion of Board — Constitution and Statutory Construction.</p> <p>1. Under the provisions of see. 7, art. 9, of the state constitution, the governor, superintendent of public instruction, Secretary of State and the attorney general shall constitute the board of land commissioners who have 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 sec. 8 of said article, it is made the duty of said board to provide for the location, protection, sale or rental of state lands under such regulations as may be prescribed by law, and in such manner as will secure the maximum possible amount therefor; and the legislature is required to provide by law that such lands shall be judiciously located and carefully preserved and held in trust, subject to the disposal at public auction, for the use and benefit of the respective objects for which said grants of land were made, and provide for the sale of said lands from time to time and for the sale of timber on such lands and for the faithful application of the proceeds thereof in accordance with the terms of the several grants.</p> <p>3. In compliance with said provisions of the constitution, the legislature has passed title 9 of the Civil Code, entitled “Public Lands,” including a number of sections, beginning with sec. 1558, Eev. Codes, and amendments thereto.</p> <p>4. Held, undeir the facts, that the sale of the timber involved in this ease was made at public auction.</p> <p>5. Said board is a constitutional agency of the state charged with the administration of a public trust concerning the state lands and is vested with certain discretionary power in the premises.</p> <p>6. The state board of land commissioners, under the constitution and law, in the sale of state timber where the land is reserved to the state with the small timber gr