Widner v. State
Supreme Court of Arkansas
APPEAL from St. Francis Circuit Court. M. T. Sanders, Judge. 1. The act of March 17, 1883, is unconstitutional. Art. ig, sec. g, Const. The Legislature could not create the office of State timber inspector, and second, could not impose the duties on the State Land Commissioner. 2. The act was not intended to apply to school lands. The school directors had charge of the school affairs, etc., of the State. Sec. 6213, Mansf. Dig.
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APPEAL from St. Francis Circuit Court. M. T. Sanders, Judge. 1. The act of March 17, 1883, is unconstitutional. Art. ig, sec. g, Const. The Legislature could not create the office of State timber inspector, and second, could not impose the duties on the State Land Commissioner. 2. The act was not intended to apply to school lands. The school directors had charge of the school affairs, etc., of the State. Sec. 6213, Mansf. Dig. Their authority over the sixteenth section was recognized in ‡‡ Ark., 210. The timber inspector has no power under the act to seize .the timber as the property of the…
1Opinion of the CourtCockrill, C. J.
The appellant cut timber on the sixteenth section or school land and converted it to his own use under an agreement with the school directors of the school district in which the land was situated, to pay them the value of it.. The State sued him for the trespass and recovered judgment. He has appealed and relies upon the consent obtained from the school directors as a defense to the action.
The statute authorizes the collector of taxes to sell the school lands subject to certain conditions and regulations, but no power in reference thereto has been conferred upon the school boards. It is for…
2Cited by3 opinions
- Special School District No. 5 v. StateSupreme Court of Arkansas · 1919
- School District No. 36 v. GladishSupreme Court of Arkansas · 1914
- Sloan v. Blytheville Special School District No. 5Supreme Court of Arkansas · 1925