Legal Opinion

State ex rel. Haire v. Rice

Montana Supreme Court

Decided January 8, 1906No. 2,258PublishedCited by 13 opinions

• Original application for writ of mandate by the state on the relation of Charles S. Haire, relator, against James H. Eice, as state treasurer, to compel the payment of a warrant against the State Normal Sehool Fund.' The provisions of chapter 3, Laws of 1905, are not prohibited by, but are in compliance with, section 17 of the Enabling Act.

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• Original application for writ of mandate by the state on the relation of Charles S. Haire, relator, against James H. Eice, as state treasurer, to compel the payment of a warrant against the State Normal Sehool Fund.' The provisions of chapter 3, Laws of 1905, are not prohibited by, but are in compliance with, section 17 of the Enabling Act. The word “establishment” as used in said section 17 means the erection and equipment of buildings from the proceeds of the grants for the purpose of the establishment and maintenance of the institutions sought to be established and maintained. It would…

1Opinion of the CourtJustice Holloway

The Ninth Legislative Assembly of Montana passed an Act entitled, “An Act to enable the Normal School Land Grant to be further utilized in providing Additional Buildings and Equipment for the Montana State Normal College,” approved Febru*383ary 2, 1905. This Act authorizes the state board of land commissioners to issue bonds, sell the same, and apply the proceeds to the erection, furnishing, and equipment of an addition to the present State Normal School building at Dillon. It is provided that the funds realized from the sale or leasing of the lands granted by the United States to Montana for…

2Cases cited2 opinions

  1. State ex rel Board of University v. McMillanNorth Dakota Supreme Court · 1903
  2. State ex rel. Heuston v. MaynardWashington Supreme Court · 1903

3Cited by13 opinions

  1. State ex rel. Schneider v. CunninghamMontana Supreme Court · 1909
  2. Northern Pacific Ry. Co. v. MjeldeMontana Supreme Court · 1913
  3. Betts v. Commissioners of the Land OfficeSupreme Court of Oklahoma · 1910
  4. State Ex Rel. Blume v. State Board of EducationMontana Supreme Court · 1934
  5. State Ex Rel. Nagle v. StaffordMontana Supreme Court · 1934

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