Differences

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--- enabling_act [2020/07/11 18:16] – added link to enabling act jet
+++ enabling_act [2020/07/12 03:21] (current) – jet
@@ Line 15: / Line 15: @@
 South Dakota, Montana, and Washington respectively, as hereinafter provided.
-Section 2. The area comprising the territory of Dakota shall, for the purposes
+===== Section 2. =====
+The area comprising the territory of Dakota shall, for the purposes
 of this act, be divided on the line of the seventh standard parallel produced
 due west to the western boundary of said territory; and the delegates elected
@@ Line 24: / Line 25: @@
 Falls.
-Section 3. That all persons who are qualified by the laws of said territories
+===== Section 3. =====
+That all persons who are qualified by the laws of said territories
 to vote for representatives to the legislative assemblies thereof, are hereby
 authorized to vote for and choose delegates to form conventions in said
@@ Line 54: / Line 56: @@
 the constitutions.
-Section 4. That the delegates to the conventions elected as provided for in
+===== Section 4. =====
+That the delegates to the conventions elected as provided for in
 this act shall meet at the seat of government of each of said territories,
 except the delegates elected in South Dakota, who shall meet at the city of
@@ Line 100: / Line 103: @@
 systems of public schools, which shall be open to all the children of said
 states, and free from sectarian control.
+<WRAP center round box 60%>
 === Indian Lands. ===
@@ Line 108: / Line 113: @@
 under section 4 of the Enabling Act, congress could enact an act making
 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, [[https://courtlistener.com/c/U.S./215/291/|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
 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
-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).
-).
 Under the Enabling Act and the disclaimer provision in the Constitution of
@@ Line 125: / Line 128: @@
 Whether Indian pantentees of land in a reservation, created by Indian treaty,
 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, [[https://courtlistener.com/c/F.2d/127/189/|127 F.2d 189]] (9th Cir. 1942).
 == -Jurisdiction of State. ==
@@ Line 133: / Line 136: @@
 reserve to the United States exclusive jurisdiction of civil causes of action
 not involving lands, between Indians residing on reservations. Vermilion v.
-Spotted Elk, 85 N.W.2d 432 (N.D. 1957).
+Spotted Elk, [[https://links.casemakerlegal.com/docid/3777337?bookname=public_url&ci=95|85 N.W.2d 432]] (N.D. 1957).
 == -Voting Rights of Indians. ==
@@ Line 141: / Line 144: @@
 of an Indian reservation, where the territory had, under an act of Congress,
 been allotted to certain Indians and they were living upon the allotments and
-farming the same. State ex rel.  Tompton v. Denoyer, 6 N.D. 586, 72 N.W. 1014
+farming the same. State ex rel.  Tompton v. Denoyer, [[https://links.casemakerlegal.com/docid/3777338?bookname=public_url&ci=95|6 N.D. 586]], 72 N.W. 1014
 (1897).
@@ Line 148: / Line 151: @@
 An act of the territorial legislature organizing an independent school district
 was subject to amendment by the state legislature. Jones v. Brightwood Indep.
-Sch. Dist., 63 N.D. 275, 247 N.W. 884 (1933).
+Sch. Dist., [[https://links.casemakerlegal.com/docid/3777341?bookname=public_url&ci=95|63 N.D. 275]], 247 N.W. 884 (1933).
 == State Political and Governmental Control. ==
@@ Line 156: / Line 159: @@
 not expressly reserved in the Congress of the United States, over certain
 territory embraced in what is known as the Ft. Berthold Indian reservation.
-State ex rel. Baker v. Mountrail County, 28 N.D. 389, 149 N.W. 120 (1914).
+State ex rel. Baker v. Mountrail County, [[https://links.casemakerlegal.com/docid/3777342?bookname=public_url&ci=95|28 N.D. 389]], 149 N.W. 120 (1914).
 The state may rightfully exercise political and governmental control over lands
@@ Line 162: / Line 165: @@
 Indian school and Indian agency purposes, to the extent of including them
 within its political subdivisions for political and governmental purposes. La
-Duke v. Melin, 45 N.D. 349, 177 N.W. 673 (1920).
+Duke v. Melin, [[https://links.casemakerlegal.com/docid/3777343?bookname=public_url&ci=95|45 N.D. 349]], 177 N.W. 673 (1920).
 == Unappropriated Public Lands. ==
@@ Line 168: / Line 171: @@
 The beds of navigable streams are not "unappropriated public lands" included
 within the disclaimer of title contained in section 4 of the Enabling Act.
-State v. Loy, 74 N.D. 182, 20 N.W.2d 668 (1945).
+State v. Loy, [[https://links.casemakerlegal.com/docid/1661851?bookname=public_url&ci=95|74 N.D. 182]], 20 N.W.2d 668 (1945).
+</WRAP>
 Section 5. That the convention which shall assemble at Bismarck shall form a
@@ Line 203: / Line 207: @@
 been submitted to a vote of the people of South Dakota.
-Section 6. It shall be the duty of the constitutional conventions of North
+===== Section 6. =====
+It shall be the duty of the constitutional conventions of North
 Dakota and South Dakota to appoint a joint commission, to be composed of not
 less than three members to each convention, whose duty it shall be to assemble
@@ Line 216: / Line 221: @@
 had been created by such states respectively.
-Section 7. If the Constitutions formed for both North Dakota and South Dakota
+===== Section 7. =====
+If the Constitutions formed for both North Dakota and South Dakota
 shall be rejected by the people at the elections for the ratification or
 rejection of their respective Constitutions as provided for in this act, the
@@ Line 240: / Line 246: @@
 admission of the proposed state.
-Section 8. That the constitutional convention which may assemble in South
+===== Section 8. =====
+That the constitutional convention which may assemble in South
 Dakota shall provide by ordinance for resubmitting the Sioux Falls Constitution
 of 1885, after having amended the same as provided in section 5 of this act, to
@@ Line 272: / Line 279: @@
 states from and after the state of said proclamation.
-== Adoption of Article =
+<WRAP center round box 60%>
+== Adoption of Article ==
 An article of the Constitution which received a majority of all the votes cast
 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
-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, [[https://links.casemakerlegal.com/docid/3777349?bookname=public_url&ci=95|3 N.D. 319]], 55 N.W.
 (1893).
+</WRAP>
-Section 9. That until the next general census, or until otherwise provided by
+===== Section 9. =====
+That until the next general census, or until otherwise provided by
 law, said states shall be entitled to one representative in the house of
 representatives to the fifty-first Congress, together with the Governors and
@@ Line 290: / Line 301: @@
 respective offices in each of said territories.
-Section 10. That upon the admission of each of said states into the union,
+===== Section 10. =====
+That upon the admission of each of said states into the union,
 sections numbered sixteen and thirty-six in every township of said proposed
 states, and where such sections, or any parts thereof, have been sold or
@@ Line 306: / Line 318: @@
 have been extinguished and such lands be restored to, and become a part of, the
 public domain.
+<WRAP center round box 60%>
 == Bankruptcy Act Proceedings. ==
@@ Line 326: / Line 340: @@
 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
-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, Lang v. City of
+State ex rel. Bd. Of Univ. & Sch. Lands v. McMillan,
-Cavalier, 59 N.D. 75, 228 N.W. 819 (1930).
+[[https://links.casemakerlegal.com/docid/2530415?bookname=public_url&ci=95|12 N.D. 280]], 96 N.W. 310 (1903), distinguished,
+Lang v. City of Cavalier, [[https://links.casemakerlegal.com/docid/1083924?bookname=public_url&ci=95|59 N.D. 75]], 228 N.W. 819 (1930).
 The assembly cannot divert nor authorize diversion of any part of the principal
@@ Line 337: / Line 352: @@
 an individual, by the assembly directly, or by the board of university and
 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, [[https://links.casemakerlegal.com/docid/3777356?bookname=public_url&ci=95|65 N.D. 687]], 262 N.W. 60 (1935).
+</WRAP>
-Section 11. That all lands granted by this act shall be disposed of only at
+===== Section 11. =====
+That all lands granted by this act shall be disposed of only at
 public sale after advertising - tillable lands capable of producing
 agricultural crops for not less than $10 per acre and lands principally
@@ Line 394: / Line 411: @@
 or any other entry under the land laws of the United States whether surveyed or
 unsurveyed, but shall be reserved for the purposes for which they have been
-granted.  History: As amended by Act of August 11, 1921, ch. 61, 42 Stat. 158;
+granted.
-Act of May 7, 1932, ch. 172, 47 Stat. 150; Act of June 25, 1938, ch. 700, 52
-Stat. 1198; Act of April 13, 1948, ch. 183, 62 Stat. 170; Act of June 28, 1952,
+<WRAP center round box 60%>
-ch. 480, 66 Stat. 283; Act of June 30, 1967, Public Law 90-41, 81 Stat. 106;
-Act of October 16, 1970, Public Law 91-463, 84 Stat. 987.
+History: As amended by
+[[https://www.loc.gov/law/help/statutes-at-large/67th-congress/Session%201/c67s1ch61.pdf|Act of August 11, 1921, ch. 61, 42 Stat. 158]];
+[[https://www.loc.gov/law/help/statutes-at-large/72nd-congress/session-1/c72s1ch172.pdf|Act of May 7, 1932, ch. 172, 47 Stat. 150]];
+[[https://www.loc.gov/law/help/statutes-at-large/75th-congress/session-3/c75s3ch700.pdf|Act of June 25, 1938, ch. 700, 52 Stat. 1198]];
+[[https://www.loc.gov/law/help/statutes-at-large/80th-congress/session-2/c80s2ch183.pdf|Act of April 13, 1948, ch. 183, 62 Stat. 170]];
+[[https://www.govinfo.gov/content/pkg/STATUTE-66/pdf/STATUTE-66-Pg283.pdf|Act of June 28, 1952, ch. 480, 66 Stat. 283]];
+[[https://www.govinfo.gov/content/pkg/STATUTE-81/pdf/STATUTE-81-Pg106.pdf|Act of June 30, 1967, Public Law 90-41, 81 Stat. 106]];
+[[https://www.govinfo.gov/content/pkg/STATUTE-84/pdf/STATUTE-84-Pg987.pdf|Act of October 16, 1970, Public Law 91-463, 84 Stat. 987]].
 == Condemnation of School Lands. ==
@@ Line 405: / Line 429: @@
 highway commission contemplates that title to lands shall be acquired, such
 procedure cannot be resorted to acquire school land granted to the state. State
-Hwy. Comm'n v. State, 70 N. D. 673, 297 N.W. 194 (1940).
+Hwy. Comm'n v. State, [[https://links.casemakerlegal.com/docid/3777362?bookname=public_url&ci=95|70 N. D. 673]], 297 N.W. 194 (1940).
 == Oil and Gas Leases ==
@@ Line 411: / Line 435: @@
 Under the Enabling Act, as amended, the state has full power to provide for the
 execution of oil and gas leases on school and university lands. State ex rel.
-Rausch v. Amerada Petro. Corp., 78 N.D. 247, 49 N.W.2d 14 (1951).
+Rausch v. Amerada Petro. Corp., [[https://links.casemakerlegal.com/docid/1329043?bookname=public_url&ci=95|78 N.D. 247]], 49 N.W.2d 14 (1951).
 == Taxation ==
@@ Line 418: / Line 442: @@
 the state, and no interest in the land is subject to taxation until a resale or
 redemption is made. Upon reversion of the land to the state, all unpaid taxes
-levied thereon are canceled. State v. Towner County, 68 N.D. 629, 283 N.W. 63
+levied thereon are canceled. State v. Towner County, [[https://links.casemakerlegal.com/docid/3777360?bookname=public_url&ci=95|68 N.D. 629]], 283 N.W. 63
 (1938).
-Section 12. That upon the admission of each of said states into the union, in
+</WRAP>
+===== Section 12. =====
+That upon the admission of each of said states into the union, in
 accordance with the provisions of this act, fifty sections of the
 unappropriated public lands within said states, to be selected and located in
@@ Line 432: / Line 459: @@
 bonds issued for any of the above purposes.
-Section 13. That five per centum of the proceeds of the sales of public lands
+===== Section 13. =====
+That five per centum of the proceeds of the sales of public lands
 lying within said states which shall be sold by the United States subsequent to
 the admission of said states into the union, after deducting all the expenses
@@ Line 439: / Line 467: @@
 the common schools within said states, respectively.
-Section 14. That the lands granted to the territories of Dakota and Montana by
+===== Section 14. =====
+That the lands granted to the territories of Dakota and Montana by
 the Act of February 18, 1881, entitled "An Act to grant lands to Dakota,
 Montana, Arizona, Idaho, and Wyoming for university purposes," are hereby
@@ Line 468: / Line 497: @@
 into the union, become the property of said state.
-Section 15. That so much of the land belonging to the United States as have
+===== Section 15. =====
+That so much of the land belonging to the United States as have
 been acquired and set apart for the purpose mentioned in "An act appropriating
 money for the erection of a penitentiary in the territory of Dakota," approved
@@ Line 480: / Line 510: @@
 set apart and reserved therefor, are hereby granted to the state of Montana.
-Section 16. That ninety thousand acres of land, to be selected and located as
+===== Section 16. =====
+That ninety thousand acres of land, to be selected and located as
 provided in section 10 of this act, are hereby granted to each of said states
 except to the state of South Dakota, to which one hundred twenty thousand acres
@@ Line 486: / Line 517: @@
 provided in the acts of Congress making donations of lands for such purposes.
-Section 17. That in lieu of the grant of land for purposes of internal
+===== Section 17. =====
+That in lieu of the grant of land for purposes of internal
 improvement made to new states by the eighth section of the Act of September 4,
 , which act is hereby repealed as to the states provided for by this act,
@@ Line 530: / Line 562: @@
 of exclusively for the purposes herein mentioned, in such manner as the
 legislatures of the respective states may severally provide.
+<WRAP center round box 60%>
 == In General. ==
@@ Line 535: / Line 569: @@
 The power to determine the manner of the use of public lands granted by the
 Enabling Act is purely legislative and cannot be delegated to a commission.
-State ex rel. Rusk v. Budge, 14 N.D. 532, 105 N.W. 724 (1905), distinguished,
+State ex rel. Rusk v. Budge, [[https://links.casemakerlegal.com/docid/3777334?bookname=public_url&ci=95|14 N.D. 532]], 105 N.W. 724 (1905), distinguished,
-More v. Western Grain Co., 37 N.D. 547, 164 N.W. 294 (1917).
+More v. Western Grain Co., [[https://links.casemakerlegal.com/docid/3777335?bookname=public_url&ci=95|37 N.D. 547]], 164 N.W. 294 (1917).
 == Charitable Purposes. ==
@@ Line 553: / Line 587: @@
 purposes of the grant of land made by congress to the state for public
 buildings at the capital under the Enabling Act.  State ex rel. Rusk v. Budge,
-N.D. 532, 105 N.W. 724 (1905), distinguished, More v. Western Grain Co., 37
+[[https://links.casemakerlegal.com/docid/3777334?bookname=public_url&ci=95|14 N.D. 532]], 105 N.W. 724 (1905), distinguished, More v. Western Grain Co., [[https://links.casemakerlegal.com/docid/3777335?bookname=public_url&ci=95|37 N.D. 547]], 164 N.W. 294 (1917).
-N.D. 547, 164 N.W. 294 (1917).
 == Limitation on Legislative Disposal of Lands. ==
@@ Line 560: / Line 593: @@
 The Montana legislature must act in subordination to the state Constitution in
 executing the authority entrusted to it in section 17 of the Enabling Act.
-Montana ex rel. Haire v. Rice, 204 U.S. 291, 27 S. Ct. 281, 51 L. Ed. 490
+Montana ex rel. Haire v. Rice, [[https://courtlistener.com/c/U.S./204/291/|204 U.S. 291]], 27 S. Ct. 281, 51 L. Ed. 490
 (1907).
-Section 18. That all mineral lands shall be exempted from the grants made by
+</WRAP>
+===== Section 18. =====
+That all mineral lands shall be exempted from the grants made by
 this act. But if sections sixteen and thirty-six, or any subdivision or portion
 of any smallest subdivision thereof in any township shall be found by the
@@ Line 571: / Line 607: @@
 benefit of the common schools of said states.
-Section 19. That all lands granted in quantity or as indemnity by this act
+===== Section 19. =====
+That all lands granted in quantity or as indemnity by this act
 shall be selected, under the direction of the secretary of the interior, from
 the surveyed, unreserved, and unappropriated public lands of the United States
@@ Line 579: / Line 616: @@
 Congress to said territories for similar objects.
-Section 20. That the sum of twenty thousand dollars or so much thereof as may
+===== Section 20. =====
+That the sum of twenty thousand dollars or so much thereof as may
 be necessary, is hereby appropriated, out of any money in the treasury not
 otherwise appropriated, to each of said territories for defraying the expenses
@@ Line 590: / Line 628: @@
 States.
-Section 21. That each of said states, when admitted as aforesaid, shall
+===== Section 21. =====
+That each of said states, when admitted as aforesaid, shall
 constitute one judicial district, the names thereof to be the same as the names
 of the states, respectively; and the circuit and district courts thereof shall
@@ Line 620: / Line 659: @@
 Nebraska.]
-Section 22. That all cases of appeal or writ of error heretofore prosecuted and
+===== Section 22. =====
+That all cases of appeal or writ of error heretofore prosecuted and
 now pending in the Supreme Court of the United States upon any record from the
 Supreme Court of either of the territories mentioned in this act, or that may
@@ Line 647: / Line 687: @@
 of said state into the union.
-Section 23. That in respect to all cases, proceedings, and matters now pending
+===== Section 23. =====
+That in respect to all cases, proceedings, and matters now pending
 in the Supreme or district Courts of either of the territories mentioned in
 this act at the time of the admission into the union of either of the states
@@ Line 676: / Line 717: @@
 courts.
-Section 24. That the constitutional conventions may, by ordinance, provide for
+===== Section 24. =====
+That the constitutional conventions may, by ordinance, provide for
 the election of officers for full state governments, including members of the
 Legislatures and representatives in the fifty-first Congress; and said state
@@ Line 696: / Line 738: @@
 respectively.
-Section 25. That all acts or parts of acts in conflict with the provisions of
+===== Section 25. =====
+That all acts or parts of acts in conflict with the provisions of
 this act, whether passed by the Legislatures of said territories or by
 Congress, are hereby repealed.
-Section 26. North Dakota Trust Funds.
+===== Section 26. North Dakota Trust Funds. =====
 (a) DISPOSITION. - Notwithstanding section 11, the State of North Dakota shall,
@@ Line 706: / Line 749: @@
 are deposited under this Act (referred to in this section as the 'trust fund')
 -
+<WRAP indent>
 (1) deposit all revenues earned by a trust fund into the trust fund;
@@ Line 712: / Line 757: @@
 (3) manage each trust fund to -
+<WRAP indent>
 (A) preserve the purchasing power of the trust fund; and
 (B) maintain stable distributions to trust fund beneficiaries.
+</WRAP>
+</WRAP>
 (b) DISTRIBUTIONS. - Notwithstanding section 11, any distributions from trust