Ervien v. United States
Citations
- 251 U.S. 41
- 40 S. Ct. 75
- 64 L. Ed. 128
- 1919 U.S. LEXIS 1848
Syllabus
<p>The Enabling Act of June 20, 1910, § 10, c. 310, 36 Stat. 557, provides that the public lands granted and confirmed to the State of New Mexico, their natural products' and money proceeds, shall be held in trust for the several objects for which the lands were granted • or confirmed, and that any disposition of such lands, money, etc., for other objects shall be deemed a breach of trust; and the Attorney General of the United States is required to prosecute in the name of the United States proceedings necessary to enforce the provisions of the act relative to the application and disposition of the said lands, the products thereof, and the funds derived therefrom. In such a suit, held, that the use of such funds for advertising the resources and advantages of the State generally would be a breach of the trust and that the state land commissioner should be enjoined from so using them under authority of an act of the state legislature. P. 47.</p> <p>246 Fed. Rep. 277, affirmed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the “Act [includes] a specific enumeration of the purposes for which the lands were granted and the enumeration is necessarily exclusive of any other purpose____”
- \Each quantity of land with its proceeds was to be devoted to a particular object to the exclusion of all others.\
- New Mexico Enabling Act trust for miners' hospital
Source: CourtListener parenthetical corpus (CC0).
Judges: McKenna
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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