State Ex Rel. Belker v. Board of Educational Lands & Funds

On reargument, previous opinion adhered to.

Boslaugh, McCown, and Smith, JJ.

The central issue in this case, and the only real issue, is whether the Legislature is authorized to direct the sale of all school lands. It is our opinion, that the constitutional provision which vests the general management of all school lands and funds in the Board of Educational Lands and Funds “under the direction of the Legislature” authorizes the Legislature to direct the sale of school lands. Art. VII, § 1, Constitution of Nebraska.

The legislative history of the act does not appear in the record in this case.…