Ervien v. United States
251 U.S. 41 (1919)

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U.S. Supreme Court

Ervien v. United States, 251 U.S. 41 (1919)

Ervien v. United States

No. 72

Submitted November 11, 1919

Decided December 8, 1919

251 U.S. 41

Syllabus

The Enabling Act of June 20, 1910, § 10, c. 310, 36 Stat. 557, provides that the public lands granted and confirmed to the State of New Mexico, their natural product and money proceeds, shall be held in trust for the several object for which the lands were granted or confirmed, and that any disposition of such lands, money, etc., for other objects shall be deemed a breach of trust, and the Attorney General of the United States is required to prosecute in the name of the United States proceedings necessary to enforce the provisions of the act relative to the application and disposition of the said lands, the products thereof, and the funds derived therefrom. In such a suit, held that the use of such funds for advertising the resources and advantages of the state generally would be a breach of the trust, and that the state land Commissioner should be enjoined from so using them under authority of an act of the state legislature. P. 251 U. S. 47.

246 F.277 affirmed.

The case is stated in the opinion.

Page 251 U. S. 45

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