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MATTHEWS v. LINN

No. 9775.

99 N.W.2d 885 (1959)

Acie W. MATTHEWS, Plaintiff and Respondent, v. Bernard LINN, as Commissioner of School and Public Lands of the State of South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

December 22, 1959.

Attorney(s) appearing for the Case

Parnell J. Donohue, Atty. Gen., Wallace G. Dunker, Asst. Atty. Gen., for defendant-appellant.

Simons, Beasom & Gibbs, by Blaine Simons, Sioux Falls, for plaintiff-respondent.

SMITH, Judge.

Whether the last two paragraphs of Chapter 42, Laws 1957, are repugnant to the provisions of Article VIII of the constitution requiring sales of school lands to be made at "public auction" is the sole question presented by this appeal of the Commissioner of School and Public Lands from a judgment declaring said paragraphs to be void, as in conflict with the constitution, and enjoining him from making sales in conformity therewith.

Article VIII...

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