Smisson v. State

Citations

• 71 Tex. 222
• 9 S.W. 112
• 1888 Tex. LEXIS 1127

Syllabus

<p>1. Public School Land.—Article 7, section 3, of the Constitution, setting apart the alternate sections of land reserved, etc., and all money from the sale thereof, for the support of public schools, does not constitute the relation of trustee on part of the State seized of the lands for the use of another with power of sale added. The lands belong to the State as fully as they did before they were appropriated to the public purpose by the Constitution. Ho inhibition against leasing the school lands can be properly drawn from this dedication of the lands. The dedication simply withdraws from the Legislature the power to appropriate the land to any other purpose.</p> <p>2. Public School Lands Must be Sold.—Section 4, of article 7, of the Constitution, providing for the sale of the school lands is mandatory, and leaves no discretion in the Legislature as to the mode in which the lands shall he ultimately utilized; and a lease without reservation of right to sell would be against this provision.</p> <p>3, Lease of School Land,—That the lands are to be sold does'not inhibit the temporary leasing of the lands until sales may be made.</p> <p>4. Same.—That in the Constitutional Convention the express power to lease was discussed and abandoned does not control the effect of the terms used in the Constitution; for the question ultimately is what did the people adopt as the Constitution, and their action was upon the instrument as voted upon.</p> <p>5. Interpretation.—The proceedings of the Constitutional Convention may be referred to to ascertain the meaning of a clause in the Constitution, when such clause is obscure.</p> <p>6. Construction of Constitution.—A power clearly legislative in its character not expressly denied to the Legislature ought not to be held to be denied by implication unless its exercise would obstruct the exercise of a power expressly granted.</p> <p>7. Statutes Construed—Lease of School Lands.—Sections 16 and 17 of act of April 12,1883, and the leas