Rogers v. Hawley

Citations

• 19 Idaho 751
• 115 P. 687
• 1911 Ida. LEXIS 57

Syllabus

<p>School Lands — Relinquishment of School Lands — Powers of IjAnd Board — Exchange of Lands — Constitutionality of Senate Bills 47 and 133 — Legislative Ratification of Acts of Land Board.</p> <p>(Syllabus by the court.)</p> <p>1. Senate Bill No. 47, approved February 8, 1911, entitled “An act prescribing certain powers and duties of the state board of land commissioners in relation to the location, protection, relinquishment, selection and exchange with the national government of certain lands granted to the state by the general government and filling the quantity of the grant, and adopting, ratifying and approving the action of the state board of land commissioners in relinquishing certain state lands and in selecting indemnity lands in lieu thereof,” is not in violation of either section 7 or 8 of article 9 of the constitution, but is a valid and constitutional exercise of the authority conferred on the legislature to regulate and prescribe by law the manner and method by which the land board may exercise the constitutional powers conferred on such board, whereby it is given the “direction, control and disposition of the publie lands of the state,” and is commanded “to provide for the location, protection, sale or rental of all the lands heretofore or which may hereafter be granted to the state.”</p> <p>2. Senate Bill No. 47, approved February 8, 1911, which authorizes the state land board to relinquish to the general government unsurveyed school sections in exchange for surveyed, unreserved and unappropriated public lands within the limits of the state “equivalent thereto in area and value, in legal subdivisions and as contiguous as may be to the section in lieu of which the same is taken,” is not, in contemplation of the constitution, a sale of school lands which would subject the transfer to the constitutional limitation that such lands must be sold for not less than $10 per acre, and that a sale or disposal of the land must be made at public auction, but is