Nixon v. Reid

Citations

• 8 S.D. 507
• 32 L.R.A. 315
• 67 N.W. 57
• 1896 S.D. LEXIS 69

Syllabus

<p>1. Comp. Laws, §§ 1361-1369, providing for granting ferry licenses, are not invalid, as being in conflict with Sec. 1889 of the organic act of the Territory of Dakota, which prohibits the territories from granting private charters or special privileges, said ferry law having been passed in 1866, and acquiesced in by congress for over 25 years.</p> <p>2. The ferry law, since it was applicable to all the counties in which there are rivers requiring ferries, is not a local or special law, within the meaning of the act of congress of July 30, 1886, prohibiting territories from passing special or local laws chartering or licensing ferries.</p> <p>3. The ferry law is not in conflict with the provisions of the constitution of South Dakota, prohibiting the legislature from enacting any private or special laws authorizing persons to keep ferries across streams wholly within the state.</p> <p>4. A lease by a board of county commissioners granting plaintiff an exclusive ferry privilege at a designated point within the county, on the east bank of the river, is not void for the reason that the western terminus of the ferry is within the limit of an Indian reservation under the jurisdiction of the United States, the place where the ferry was established being within the jurisdiction of the county board.</p> <p>5. A ferry lease granted by a board of county commissioners for the term of five years, with the privilege of renewal for five years, and, at the end of that time, a second renewal for five years, is within the powers of the board under a law giving the board authority to grant such lease^ for a term not exceeding 15 years.</p> <p>6. An assignment of such lease, accepted and approved by the hoard of county commissioners, is valid to pass all the rights thereunder.</p> <p>7. A ferry license granted by the board of county commissioners authorizing the maintenance of a ferry at a designated point is exclusive, under Comp. Laws 1887, §§ 1361-1369, providing that ferry licens