Pike v. State Board of Land Commissioners

Citations

• 19 Idaho 268
• 113 P. 447
• 1911 Ida. LEXIS 10

Syllabus

<p>Constitutional Construction — Public Schools — School Lands — Timber Lands — Lease of State Lands — Sale of State Lands — Public Policy.</p> <p>(Syllabus by the court.)</p> <p>1. The words “school lands” as used in sec. 8 of art. 9 of the constitution, wherein it is provided, “that not to exceed twenty-five sections of school lands shall be sold in any one year, and to be sold in subdivisions of not to exceed one hundred and sixty acres to any one individual, company or corporation,” has reference only to sees. 16 and 36 in each township, and does not include or embrace lands granted by Congress to the state for specific educational purposes such as university, normal school, agricultural college, and scientific and other institutions of higher learning. And the constitution, sec. 8, art. 9, does not limit the amount of state lands that may be sold within any year, except as the foregoing prohibition applies to secs. 16 and 36 in every township commonly known and designated as “school lands” and which were granted to the state for the use of the public, free common schools of the state.</p> <p>2.- The word “school” as used in secs. 5 and 8 of art. 9 of the constitution, has reference to the public, free common schools, and clearly means the free school system which has been generally adopted in this country, and has specific reference to the district schools throughout the state established for the training and instruction of the youth of the state in the primary and elementary branches of learning below the grade or rank of “academy, seminary, college, university, or other literary or scientific institution.”</p> <p>3. State land covered with timber, which has been previously sold by the state and the purchaser has been granted a fixed period in which to enter upon the land and remove the timber, is timber land within the meaning of secs. 1580 and 1599 of the Rev. Codes, and when sold must be sold subject to the provisions of see. 1599.</p> <p>4. Where the state