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

175 N.W.2d 63, 185 Neb. 270, 1970 Neb. LEXIS 536

Opinions

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. Whatever it may have been, there is nothing in the act, nor in any legislative history alluded to, which in any way limits or attempts to limit the jurisdiction or power of the courts to determine, in a proper proceeding, whether the sale of any school lands was conducted in the manner required by law.

Whether the sale of the lands should prove to be a wise decision or not, it is a decision which the people empowered the Legislature to make. This court has no authority to exercise a power which the people have constitutionally vested in the Legislature.

We adhere to the opinion originally filed in this case.