Opinion
No. 37004.
Filed March 10, 1970.
Appeal from the district court for Lancaster County: BARTLETT E. BOYLES, Judge. On motion for rehearing and reargument. See 184 Neb. 621, 171 N.W.2d 156, for original opinion. Original opinion adhered to.
Ginsburg, Rosenberg, Ginsburg Krivosha and Rodney P. Cathcart, for appellant.
Clarence A. H. Meyer, Attorney General, and Bernard L. Packett, for appellees.
Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.
On reargument, previous opinion adhered to.
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
From original submission of this case on January 14, 1969, almost 14 months have elapsed. The interval, highly abnormal for this court, is an example of predilection for delay that we ought to prevent.