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Wisconsin. State Conservation Committee (1915-27) / Biennial report of the State Conservation Commission of Wisconsin for the years 1915 and 1916

[Decree of the court],   pp. 71-73 PDF (849.5 KB)

Page 72

posed of are, school fund lands, as regards the manner of handling the
same, subject to the constitutional duty to conserve the same for the pur-
pose of producing money for the school fund, as indicated in the opinion;
but under the control of the legislature in respect to the manner of dealing
therewith for such purpose.
  "Fifth. The sections of the statutes composing Chap. 740, Laws of
1913, and those composing Chapter 491, Laws of 1907, are unconstitu-
tional for the reasons stated in the opinion.
  "Sixth. The provisions of the forestry legislation, other than the
tures mentioned, are valid within limitations, stated in the opinion.
  "Seventh. The state has an equitable lien on the lands included in
the illegal contract for the money paid thereon, and such money, equitable,
is declared to have been trust money, whereby such lien inures to the
benefit of the trust fund property.
  "Eighth. For the benefit of the trust funds, the balance due on the
contract shall be paid out of trust fund money when practicable, and to
provide therefor, all moneys to the credit of the forestry fund derived
from sales of land, or from appropriations to buy lands, or in the tax title
fund referable to sections 1191-131 to 135 inclusive, Stats. 1913, are de-
clared to equitably belong to the drainage and constitutional trust funds.
Because of the diversion of such funds to forestry purposes and to the
general fund, and the resulting confusion, the whole is declared to have
the character of the more important funds which have wrongfully lost
their identity, and such equitable status shall subsist so far as necessary
to fully remedy the diversion and confusion.
  "Ninth. The newly acquired lands under the forestry law, except those
donated to the state for forestry purposes, have the cast of the constitu-
tional trust fund lands and will be administered accordingly until, upon
full accounting it shall be found what part, if any, will remain after fully
restoring the integrity of the trust fund lands and trust funds.
  "Tenth. The facts being admitted, the alternative writ of mandamus
is dismissed, but the cause retained for the purpose of final disposition
upon the coming in of the report of the referees hereinafter appointed.
  "Eleventh. There shall be an accounting which is hereby ordered of
dealings with the trust fund lands of the date of Ch. 367, Laws of 1897,
and so long prior thereto as practicable, not earlier than the decision under
Chapter 537, Laws of 1865,-and of lands acquired under the forestry
legislation since 18)7, except those donated to the state for forestry pur-
poses or acquired by proceeds of the latter, and an accounting of all pro-
ceeds of such trust lands and income thereof and income which such
proceeds would have earned had the same been devoted to the trust to
which they belonged, such accounting to include all moneys paid into the
forestry fund or general fund, derived from trust fund land or lands pur-
chased therewith and income from such proc'eeds, and a partition shall
be made of the entire property so found equitable and legally to belong
to the constitutional trusts, including any indebtedness from the generalI
fund; giving due credit for all proper disbursements chargeable to such
trust funds, so that each of the constitutional trusts will have their
equitable and legal portion of the trust fund property with identity
established as to lands and other assets, as near as may be, after the
manner of the decision under Chapter 537, Laws of 1865. Such account-
ing shall include all matters nnt specifically mentioned so far as necessary
to cover the field discussed in the opinion and carry out the intent thereof
guided by such opinion; and the referee shall report the result of the ac-
counting to the court with all convenient speed.
  "For the purposes of the accounting the cause is referred to the com-
missioners of public land and Judge Samuel D. Hastings as special referee.
  "The holders of land contracts like the particular one shall be bound
by the decision herein subject to the right of any vendor or assignee of
such vendor to show cause why to the contrary within twenty days after
service of a copy of this order on such vendor or assignee and notice to
show such cause within such time or be so bound, and such notice in writ-

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