enabling_act
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| enabling_act [2020/07/11 19:13] – adding links jet | enabling_act [2020/07/11 19:25] – jet | ||
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| under section 4 of the Enabling Act, congress could enact an act making | under section 4 of the Enabling Act, congress could enact an act making | ||
| criminal the introduction of intoxicating liquor upon an allotment within the | criminal the introduction of intoxicating liquor upon an allotment within the | ||
| - | limits of an Indian reservation. United States v. Sutton, 215 U.S. 291, 30 S. | + | limits of an Indian reservation. United States v. Sutton, 215 U.S. 291, 30 S.Ct. 116, 54 L. Ed. 200 (1909). |
| - | Ct. 116, 54 L. Ed. 200 (1909). | + | |
| Lands within South Dakota which were formerly a part of an Indian reservation | Lands within South Dakota which were formerly a part of an Indian reservation | ||
| and not restored to the public domain and open to settlement, but held by an | and not restored to the public domain and open to settlement, but held by an | ||
| Indian allottee under a trust patent, are Indian lands over which the United | Indian allottee under a trust patent, are Indian lands over which the United | ||
| - | States has exclusive jurisdiction. Ex Parte Van Moore, 221 F. 954 (D. S.D. | + | States has exclusive jurisdiction. Ex Parte Van Moore, 221 F. 954 (D. S.D. 1915). |
| - | 1915). | + | |
| Under the Enabling Act and the disclaimer provision in the Constitution of | Under the Enabling Act and the disclaimer provision in the Constitution of | ||
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| Whether Indian pantentees of land in a reservation, | Whether Indian pantentees of land in a reservation, | ||
| took to high or low watermark of a lake was not a question of state law. | took to high or low watermark of a lake was not a question of state law. | ||
| - | Montana Power Co. v. Rochester, 127 F.2d 189 (9th Cir. 1942). | + | Montana Power Co. v. Rochester, |
| == -Jurisdiction of State. == | == -Jurisdiction of State. == | ||
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| upon the question of its adoption and upon the question of the adoption of the | upon the question of its adoption and upon the question of the adoption of the | ||
| Constitution was legally adopted though it failed to receive a majority of | Constitution was legally adopted though it failed to receive a majority of | ||
| - | votes cast for governor. State ex rel. Larabee v. Barnes, 3 N.D. 319, 55 N.W. | + | votes cast for governor. State ex rel. Larabee v. Barnes, |
| 883 (1893). | 883 (1893). | ||
| </ | </ | ||
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| permanency of the funds acquired through the grant. The state is limited to the | permanency of the funds acquired through the grant. The state is limited to the | ||
| use of the interest from the permanent fund and the interest shall be used only | use of the interest from the permanent fund and the interest shall be used only | ||
| - | for the support of schools. State ex rel. Bd. Of Univ. & Sch. Lands v. | + | for the support of schools. |
| - | McMillan, 12 N.D. 280, 96 N.W. 310 (1903), distinguished, | + | State ex rel. Bd. Of Univ. & Sch. Lands v. McMillan, |
| - | Cavalier, 59 N.D. 75, 228 N.W. 819 (1930). | + | [[https:// |
| + | Lang v. City of Cavalier, | ||
| The assembly cannot divert nor authorize diversion of any part of the principal | The assembly cannot divert nor authorize diversion of any part of the principal | ||
| Line 353: | Line 352: | ||
| an individual, by the assembly directly, or by the board of university and | an individual, by the assembly directly, or by the board of university and | ||
| school lands by legislative enactment is unconstitutional. State ex rel. Sathre | school lands by legislative enactment is unconstitutional. State ex rel. Sathre | ||
| - | v. Board of Univ. & Sch. Lands, 65 N.D. 687, 262 N.W. 60 (1935). | + | v. Board of Univ. & Sch. Lands, |
| </ | </ | ||
enabling_act.txt · Last modified: 2020/07/12 03:21 by jet