Opinion
No. 37004.
Filed October 3, 1969.
Appeal from the district court for Lancaster County: BARTLETT E. BOYLES, Judge. Affirmed.
Ginsburg, Rosenberg, Ginsburg Krivosha and Rodney P. Cathcart, for appellant.
Clarence A. H. Meyer, Attorney General, and Bernard L. Packett, for appellees.
McGinley, Lane, Mueller Shanahan, Maupin, Dent, Kay, Satterfield Gatz, and Gary L. Scritsmier, for amicus curiae.
Heard before WHITE, C.J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and COLWELL, District Judge.
This action seeks to enjoin the sale of all of the school lands held in trust for and on behalf of the common schools of Nebraska, and to declare sections 72-257 and 72-258, R. S. Supp., 1967, and 72-258.01, R.R. S. 1943 (as amended by Laws 1965, c. 435, 2, 3, and 4, pp. 1386 and 1387, and Laws 1967, c. 466, 10 and 11, p. 1450), void and unconstitutional.
Four judges are of the opinion that the statute is unconstitutional as challenged. Three judges are of the opinion that it is constitutional under present conditioners, and refuse to consider the situation as it may appear in 1975 when approximately one-half of all school land leases will expire. Article V, section 2, Constitution of Nebraska, provides in part: "No legislative act shall be held unconstitutional except by concurrence of five judges."
The court is in agreement that the phrase "all mineral rights;" in section 72-257, R. S. Supp., 1967, is declaratory of Article III, section 20, Constitution of Nebraska, and that the Legislature within constitutional limits may direct the Board but not a county treasurer to auction common school lands.
The district court dismissed the action herein. The judgment, under Article V, section 2, Constitution of Nebraska, must be affirmed.
AFFIRMED