enabling_act
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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, |
| - | 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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| reserve to the United States exclusive jurisdiction of civil causes of action | reserve to the United States exclusive jurisdiction of civil causes of action | ||
| not involving lands, between Indians residing on reservations. Vermilion v. | not involving lands, between Indians residing on reservations. Vermilion v. | ||
| - | Spotted Elk, 85 N.W.2d 432 (N.D. 1957). | + | Spotted Elk, [[https:// |
| == -Voting Rights of Indians. == | == -Voting Rights of Indians. == | ||
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| of an Indian reservation, | of an Indian reservation, | ||
| been allotted to certain Indians and they were living upon the allotments and | 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, |
| (1897). | (1897). | ||
| Line 153: | Line 151: | ||
| An act of the territorial legislature organizing an independent school district | An act of the territorial legislature organizing an independent school district | ||
| was subject to amendment by the state legislature. Jones v. Brightwood Indep. | 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., |
| == State Political and Governmental Control. == | == State Political and Governmental Control. == | ||
| Line 161: | Line 159: | ||
| not expressly reserved in the Congress of the United States, over certain | not expressly reserved in the Congress of the United States, over certain | ||
| territory embraced in what is known as the Ft. Berthold Indian reservation. | 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, |
| The state may rightfully exercise political and governmental control over lands | The state may rightfully exercise political and governmental control over lands | ||
| Line 167: | Line 165: | ||
| Indian school and Indian agency purposes, to the extent of including them | Indian school and Indian agency purposes, to the extent of including them | ||
| within its political subdivisions for political and governmental purposes. La | 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, |
| == Unappropriated Public Lands. == | == Unappropriated Public Lands. == | ||
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| The beds of navigable streams are not " | The beds of navigable streams are not " | ||
| within the disclaimer of title contained in section 4 of the Enabling Act. | 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:// |
| </ | </ | ||
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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). | ||
| </ | </ | ||
| Line 342: | Line 340: | ||
| 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, |
| </ | </ | ||
| Line 430: | Line 429: | ||
| highway commission contemplates that title to lands shall be acquired, such | highway commission contemplates that title to lands shall be acquired, such | ||
| procedure cannot be resorted to acquire school land granted to the state. State | 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, |
| == Oil and Gas Leases == | == Oil and Gas Leases == | ||
| Line 436: | Line 435: | ||
| Under the Enabling Act, as amended, the state has full power to provide for the | 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. | 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., |
| == Taxation == | == Taxation == | ||
| Line 443: | Line 442: | ||
| the state, and no interest in the land is subject to taxation until a resale or | 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 | 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, |
| (1938). | (1938). | ||
| Line 570: | Line 569: | ||
| The power to determine the manner of the use of public lands granted by the | 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. | 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, |
| - | More v. Western Grain Co., 37 N.D. 547, 164 N.W. 294 (1917). | + | More v. Western Grain Co., [[https:// |
| == Charitable Purposes. == | == Charitable Purposes. == | ||
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| purposes of the grant of land made by congress to the state for public | 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, | buildings at the capital under the Enabling Act. State ex rel. Rusk v. Budge, | ||
| - | 14 N.D. 532, 105 N.W. 724 (1905), distinguished, | + | [[https:// |
| - | N.D. 547, 164 N.W. 294 (1917). | + | |
| == Limitation on Legislative Disposal of Lands. == | == Limitation on Legislative Disposal of Lands. == | ||
| Line 595: | Line 593: | ||
| The Montana legislature must act in subordination to the state Constitution in | 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. | 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:// |
| (1907). | (1907). | ||
enabling_act.1594493717.txt.gz · Last modified: 2020/07/11 18:55 by jet