Ervien v. United States
| Decision Date | 08 December 1919 |
| Docket Number | No. 72,72 |
| Citation | 64 L.Ed. 128,40 S.Ct. 75,251 U.S. 41 |
| Parties | ERVIEN, Commissioner of Public Lands of New Mexico, v. UNITED STATES |
| Court | U.S. Supreme Court |
Mr. A. B. Renehan, of Santa Fe, N. M., for appellant.
Mr. Assistant Attorney General Frierson, for the United States.
[Argument of Counsel from pages 41-44 intentionally omitted] Mr. Justice McKENNA delivered the opinion of the Court.
Suit to enjoin the expenditure by appellant, commissioner of public lands of the state of New Mexico, of any of the funds derived from the sale and lease of lands granted and confirmed to the state by the act admitting her into the Union. The right to sell or lease is asserted under a certain act of New Mexico entitled 'An act concerning the publicity and promotion of public resources and welfare.' Laws 1915, c. 60.
The Enabling Act was passed June 20, 1910 (36 Stat. 557, c. 310), and on August 21, 1911, by a joint resolution of the Senate and House of Representatives, New Mexico and Arizona were admitted into the Union upon an equal footing with the original states.
By the Enabling Act certain grants of public lands were made to New Mexico for purposes of which there was a specific enumeration.
It is provided by section 10 of the act that the lands granted and transferred thereby——
'shall be by the said state held in trust, to be disposed of in whole or in part only in manner as herein provided and for the several objects specified in the respective granting and confirmatory provisions, and that the natural products and money proceeds of any of said lands shall be subject to the same trusts as the lands producing the same.'
And it is further provided that——
'The disposition of any of said lands, or of any money or thing of value directly or indirectly derived therefrom, for any object other than that for which such particular lands, or the lands from which such money or thing of value shall have been derived, were granted or confirmed, or in any manner contrary to the provisions of this act, shall be deemed a breach of trust.'
It is made the duty of the Attorney General of the United States to prosecute in the name of the United States such proceedings at law or in equity as may be necessary to enforce the provisions of the act 'relative to the application and disposition of the said lands and the products thereof and the funds derived therefrom.'
The constitutional convention was required to provide, by an ordinance irrevocable without the consent of the United States and the people of the state, that the state and its people consent to the provisions of the act, and the Constitution of the state did so provide.
The Legislature of the state on March 8, 1915, passed over the Governor's veto an act entitled as we have designated, the first section of which is as follows:
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