State ex rel. Green v. Knight

• Citation: 47 S.D. 224,197 N.W. 159
• Decision Date: 11 February 1924
• Docket Number: No. 5264.,5264.
• Parties: STATE ex rel. GREEN v. KNIGHT, Commissioner of School and Public Lands.
• Court: Supreme Court of South Dakota

47 S.D. 224

197 N.W. 159

STATE ex rel. GREEN

v.KNIGHT, Commissioner of School and Public Lands.

No. 5264.

Supreme Court of South Dakota.

Feb. 11, 1924.

Appeal from Circuit Court, Marshall County; B. A. Walton, Judge.

Mandamus by the State, on the relation of J. H. Green, against N. E. Knight, as Commissioner of School and Public Lands. From a judgment refusing the writ, relator appeals. Affirmed.Harold W. King, of Britton, for appellant.

Buell F. Jones, State's Atty., of Britton, and Byron S. Payne, Atty. Gen., for respondent.

POLLEY, J.

On or about the 5th day of April, 1922, the respondent herein, the commissioner of school and public lands, held a “land lease” sale of certain lands owned by the state in Marshall county. At this sale appellant was the highest and best bidder for a lease of the lands described in his petition. Appellant thereupon paid to the county treasurer the amount of his bid and exhibited his receipt therefor to the county auditor. The auditor prepared a lease for the land, had it signed by the bidder, and transmitted the same to the commissioner of school and public lands, as required by the provisions of section 5642, Code 1919. The commissioner refused to approve said lease, or to submit the same to the Governor for his approval. Appellant then instituted this proceeding in mandamus to compel the commissioner to approve the lease and submit said lease to the Governor for his approval.

Section 5642, so far as material to this case, reads as follows:

“*** Whenever the highest offer for any tract of land is satisfactory and the tract is reserved for the bidder, such bidder must at once deposit with the county treasurer the amount specified as the annual rental for the tract, and take the treasurer's receipt therefor, a copy of which shall be retained by the treasurer in his office. The bidder shall exhibit such receipt to the county auditor, who shall thereupon prepare a lease of such tract, in triplicate, according to a form which the board of school and public lands shall prescribe, and shall procure the signature of the lessee thereto. Upon procuring such signature the county auditor shall transmit to the commissioner the lease so executed, together with the appraisement of the improvements, and a complete report in reference thereto. If the commissioner approves such lease and appraisement, he shall submit the same to the Governor for his approval. Should the Governor approve the proposed lease he shall...