46 Minn. 495 | Minn. | 1891
The determination of this action requires of the court a construction of some parts of an act of the legislature approved April 24, 1889, entitled “An act to regulate the sale and lease of mineral and other lands belonging to the state of Minnesota,” now chapter 22, Laws 1889. Judgment on the pleadings in-defendants’ favor was ordered by the court below, the appeal being from the judgment. From these pleadings it appears that on the afternoon of the day last mentioned, immediately after the approval of the act by the governor, the defendant Severance filed with the commissioner of the state land-office his application for a lease upon and for the premises described in the complaint, mineral lands then belonging to the state, and on the next day paid to the state treasurer the sum of money prescribed in section 2 of said act. On the 25th day of April the plaintiff filed his application for a lease of the same tract of land with the commissioner, and later, on the same day, one Geggie filed his application for a lease of the same premises, with the land-commissioner. Subsequently, and prior to the 1st day of March, 1890, applications huleases of the land were filed with the commissioner by two other persons. No further applications were made, so far as has been shown. Bach of the persons filing applications subsequently to that filed by defendant Severance were refused leases by the commissioner, and, according to the allegations of the complaint, duly assigned and transferred to plaintiff all rights and interests acquired by them by reason of their applications, long before the commencement of this action. On the day last mentioned the commissioner, acting undoubtedly upon the belief that the person who made the first application after the approval of the legislative enactment was entitled thereto, issued two leases upon and for said tract of land to defendant Severance, each being for a part of the tract; and on the same day contracts were made and entered into by and between the commissioner and said Severance, as provided for in sections 3 and 4 of the act, covering the land described in the leases. Thereupon Severance assigned and conveyed to the defendant corporation the leases and contracts'
The plaintiff contends that the application made by Severance on April 24th was premature, and therefore inoperative. It was filed, unquestionably, before the act of the legislature took effect. This was April 25th, the day following that on which the governor’s signature of approval was affixed to it. Duncan v. Cobb, 32 Minn. 460, (21 N. W. Rep. 714;) Parkinson v. Brandenburg, 35 Minn. 294, (28 N. W. Rep. 919.) It is further contended by plaintiff that his application, as the first in order after the law took effect, had precedence and secured to him a vested right to the lease applied for, — a right which the commissioner had no power to ignore. The defendant’s position is that, by the terms of section 1 of the act, discretionary authority has been conferred upon the commissioner, not only as to whether he will execute leases, but in respect to persons to whom the leases may be issued; that the application for a lease provided for in the law is but a mere proposal, which may be accepted or rejected at will; and hence that it was wholly within the power of the commissioner to decline the application or proposal made by plaintiff, and at the same time accept that irregularly made by defendant Severance. It is also argued that, if it be held that the person who first makes application is entitled to the lease, the proper tribunal has determined' the question as one of fact, that its conclusion is not reviewable by a court of equity, and that the commissioner’s decision is final and conclusive everywhere.
The various provisions of the statute, aside from the section which has been devoted to a form for the mining lease, are not so clear and explicit as they should-have been, but are capable, we think, of a construction which will promote the objects of the act, without doing injustice to those who desire to obtain leases and contracts, or jeopardizing the interests of the state. The first section confers upon the
The object and purpose of the law seem unmistakable. The design was to throw open to the public, for exploration and for mining operations, such of the state lands as contained iron ore. This being the purpose, it would seem very improbable that the legislature intended to vest in the commissioner a discretion to act or not, as he chose, to grant him the power and authority to lease or to refuse to lease, and, should he determine to lease, the right to select at will the persons upon whom his favors should be bestowed. No such powers were intended to be placed in the hands of the officer named, but the design was to render all mineral lands leasable, under reasonable rules and regulations, whereby and through which applicants could, in a proper and orderly manner, obtain an exclusive license to prospect upon certain territory for a period of one year, and then, within that time, the privilege of entering into the 50-year contract before mentioned. It might easily be said that this of itself contemplated that the commissioner should adopt and promulgate such rules and regulations as would insure fairness towards the public, and at.
The applications made by the several persons named in the pleadings in this action would have led, had rules and regulations of this nature been in existence, to a formal and honorable competition, and of this no one should complain. Even in the.absence of all rules and regulations, the le ases should have been awarded to the party
Judgment affirmed.
Note. A motion for a reargument of this case was denied July 17, 1891.