Merkwan v. State by and Through Janklow

375 N.W.2d 624, 28 Educ. L. Rep. 274, 1985 S.D. LEXIS 359
CourtSouth Dakota Supreme Court
DecidedOctober 9, 1985
Docket15010
StatusPublished
Cited by4 cases

This text of 375 N.W.2d 624 (Merkwan v. State by and Through Janklow) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Merkwan v. State by and Through Janklow, 375 N.W.2d 624, 28 Educ. L. Rep. 274, 1985 S.D. LEXIS 359 (S.D. 1985).

Opinions

MORGAN, Justice.

This case was brought by petition to commence an original action seeking (1) a declaratory judgment that S. 310 60th Sess. [625]*625(1985) (SB 310/85) is unconstitutional; and (2) a writ of prohibition to prevent the Governor and the Commissioner of School and Public Lands from taking action to combine the Springfield Trust assets with the normal schools of South Dakota lands permanent fund and interest and income fund as authorized in that legislation. An alternative writ of prohibition was issued and the State responded with a motion to quash. We grant the State’s motion, quash the alternative writ and deny the prayer for peremptory writ.

This case is another offshoot of the 1984 legislature’s decision to close the University of South Dakota/Springfield (USD/S) and transfer it to the Board of Charities and Corrections for use as a minimum security prison. The first action challenged the constitutionality of S. 221 59th Sess. (1984) (SB 221/1984) as violative of the provisions for the Permanent Trust Fund created by the Enabling Act (Ch. 180, 25 Stat. 676) and the South Dakota Constitution, Article VIII, § 7, as well as several other constitutional challenges not pertinent here. On the issue of the trust funds, our decision, Kanaly v. State, 368 N.W.2d 819 (S.D.1985), filed May 29, 1985, held SB 221/1984 to be unconstitutional, absent action by the legislature to reimburse the trust fund for the full market value of all property and interests transferred to the Board of Charities and Corrections. We remanded the case to the trial court to determine the full and true value and gave the legislature through the 1986 Session to provide for reimbursement.

Meanwhile, the 1985 Legislature enacted SB 310/1985, which provided in essence: (1) transferred USD/S trust land and funds to other state normal schools and funds; and (2) realigned the proportionate share of mineral lease money from school lands as provided in SDCL 5-7-34, deleting USD/S from the proration schedule and adding the previous USD/S share to those of three other schools.

Merkwan first challenges the validity of section 1 of SB 310/1985 as violative of the provisions of the Enabling Act, the South Dakota Constitution, and our decision in Kanaly, supra. More particularly, it is his contention that all of the foregoing mandate that the 40,000 acres of trust land (or so much as remains unsold) and all other assets designated as part of the USD/S Trust must be held, accounted for and used as the USD/S Trust, in perpetuity. We disagree.

We examined the history of the USD/S trust lands in Kanaly, vis-a-vis, the Enabling Act, the South Dakota Constitution, and Chapter 163 of the Session Laws of 1895. We will avoid repetition of that discussion as much as possible. The issues before us now are tangential to the trust issue in Kanaly. They could not have been raised then, of course, because the legislation had not been enacted. The antithesis of that statement is that Kanaly was decided on the basis of the law, i.e., the Enabling Act, the Constitution, and the statutes, as they were at the time of that decision.

We examine Merkwan’s contention in the light of the pertinent language of the Enabling Act, the Constitution, and Chapter 163 of the Session Laws of 1895. Section 17 of the Enabling Act, adopted by Congress in 1889, provided some 330,000 acres for various state institutions, to-wit: for the school of mines, for the reform school, for the deaf and dumb asylum, for the agricultural college, for the university, for the state normal school, and for public buildings at the capitol. It also granted 170,000 acres “for such other educational and charitable purposes as the Legislature of said state may determine^]” Section 17 further provided that “the lands so granted ... shall be held, appropriated and disposed of for the purposes herein mentioned, in such manner as the Legislature ... may determine^]” Section 11 of the Enabling Act also provided: “With exception of the lands granted for public buildings, the proceeds from the sale and other permanent disposition of any of said lands, or from every part thereof, shall constitute permanent funds for the support and maintenance of the public schools and the vari[626]*626ous state institutions for which the lands have been granted.”

At the time of the enactment of the Enabling Act there were three schools situated in the confines of the territory designated to be South Dakota that had been established by the territorial legislature to be normal schools, to-wit: Spearfish Normal School (1883), Dakota Normal School at Madison (1881), and Southern Normal School at Springfield (1881). The record reflects that the grant “for state normal school, 80,000 acres” was shared by Black Hills State College and Dakota State College. None of those acres were allocated to USD/S.

In 1895, the legislature enacted Chapter 163, entitled Appropriating Land For The Springfield Normal School. Chapter 163, after acknowledging the founding of the territorial normal school at Springfield in 1881, referred to the provisions of the Enabling Act ceding 500,000 acres to the state for maintenance of various educational institutions, specified that there remained 170,000 acres of said land unappropriated and thence provided for appropriation for support and maintenance of the state normal school at Springfield, 40,000 acres out of any lands donated to the State by the United States and not otherwise appropriated.

The enactment further provided: “All moneys received from the rent of the lands mentioned in this act, and all interest received from the investment of the proceeds of the sales of said lands shall be applied to the support and maintenance of said, normal school at Springfield.”

The Enabling Act does not refer to specific institutions by location nor by statutorily established names, but rather by academic and charitable pursuits, e.g., agricultural college, university, deaf and dumb asylum, state normal school, although specific institutions had been previously founded by actions of the territorial legislature, e.g., Dakota School of Mines, University at Vermillion, Agricultural College at Brook-ings, State School for the Deaf at Sioux Falls, and the three normal schools previously referred to. It is also noteworthy that although twice as many acres are granted to state normal school as to the other schools, normal school is designated in the singular.

The South Dakota Constitution, Article VIII, § 7, adopted October 1, 1889, in pertinent part, provides: “All lands ... granted or received from the United States ... and the proceeds of all such lands ... shall be and remain perpetual funds, the interest and income of which ... shall be inviolably appropriated and applied to the specific objects of the original grants.... ”

The framers of our Constitution intended to, and did, establish a special trust for the administration and preservation of our permanent school and educational funds. Article VIII of the Constitution serves as the trust instrument containing the declarations of trust. Its provisions are written in strong, clear, self-expressive language. Its beneficiaries are all of the public schools in the state together with its endowed charitable and educational institutions. The trust must be administered for their sole benefit and best interest.

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Related

Kanaly v. State ex rel. Janklow
401 N.W.2d 551 (South Dakota Supreme Court, 1987)
Aase v. State, South Dakota Board of Regents
400 N.W.2d 269 (South Dakota Supreme Court, 1987)
Merkwan v. State by and Through Janklow
375 N.W.2d 624 (South Dakota Supreme Court, 1985)

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Bluebook (online)
375 N.W.2d 624, 28 Educ. L. Rep. 274, 1985 S.D. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merkwan-v-state-by-and-through-janklow-sd-1985.