THE UNIVERSITY OF WYOMING

MINUTES OF THE TRUSTEES

December 12-13, 1916

For the confidential information

of the Board of Trustee 

Record of Minutes of Board of Trueteeo Meeting December 12th, 1916. 191

C 115\

Sheet No. 1i/.

The eemi-annual meeting of the Board of Trueteeo of the Univeroity of Wyoming

Was held at .30 o'clock on this date pursuant to call, with Judge Timothy F. Burke in the

chair. In a dition to JUdge Burke, the following members of the Board responded to roll­

c&ll:- Dr. F.~lton, Mesers. Lyman H. Brooks and Charles S. Beach, Mre. Mary B. David and

Mrs. Mary N. Brooks, Meesrs. W. S. Ingham and C. D. Spalding, JUdge Carey, State Superinten-

dent of Publ c Instruction Edith K. C. Clark, and President C. A. Duninay, this being a

complete att ndance of the entire membership of the Board. The minutes of the last annual

meeting held June 6th, 1916, were read and approved.

The Secretary read a letter of thanke from Henry Merz, Profeesor Emeritus

of German an French, a copy of which follows:-

TO THE HONORABLE BOJL~D OF TRUSTEESOF THE UNIVERSITY OF WYOMING:

I Wish to take this first opportunity of thanking you andPr sident ~uniway fer the kind words expressed in resolutions regardsmy services while actively connocted with the University, and placingmy name upon the roll of the Faculty as Emeritus Professor of Garmanan French, also granting me a monthly remuneration during 1916-17 foreo e eervicee in the Correspondence School.

I greatly appreciate all theee favore and eepecially theki d feeling of the Board toward me. I shall ever have the interestof the Univereity at heart.

Wishing you ae Truetees and President of the Univereity theve y beat of success, I remain

(Signed)

'.

Yours eincerely,HENRY MERZ,

Professor Emeritus.

Record of Min tes of Board of Trustees Meeting December 12th, 1916. 191 Sh"t No. .95. _

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The Secretary also read a letter from the Chief of the Weather Bureau rela-

tive to eeis ographs. The Board, at its annual meeting in June, instructed the Secretary

·to find out f the Weather Bureau of the Federal Government would eupply the University

wi th such an instrument, or, if not, where it could be gotten and what it would cost. Chief

Marvin, in h s letter, etated that the Government did not eupply the same and named four

firms from w.ich the instrument could be purchaeed, and stated that ite cost would be about

five hundred dollars, duty free.

The Secretary next read a letter ~om the Honorable John W. Hay of Rock

Springs, mal< ng application for an oil operating lease on Sec. 9, Twp. 33 N., R. 76 W., 10-

cated in the Big Muddy oil field.

President Duniway then began the reading of ~ie eemi-annual report to the

Board. Afte the completion of this reading, the Board proceeded to deal With the sugges-

tione contai ed in this report.

The Board approved of the action of the President in deciding to give hi.

time during he Christmas recess to attend a meeting of a special commission of the Carne-

gie Foundati n for the Advancement of Teaching. The President stated that he had be6n ap-

pointed as a member of this special comndssion to reprsaent the state universitieo, the

entire commd sion consisting of eleven different gentlemen from different parts of the

country and epresenting differsnt educational interests. He stated that the meeting would

be held in N w york City on December 26th and 27th to conaider the queation of annuitiee

and retiring allowances for college profeesors, the expenses of the trip to be borne by

the Carnegie Foundation.

President Duniway, in his report, stated that it Was the opinion of Secre-

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Record of Mi+tes of Board of Trustees Meeting December 13th, 1916. 191 Sheet No. 9~.

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tary Burrag and Mrs. E. H. Knight, the Advieer of Women, that olting to the prevailing

high prices hat unless a small raise in the price of board both at the Women's Hall and

the Men's Co ons ehould be made, at the end of the fiscal year there would be a deficit.

It was suggested that a raiss of ons dollar a month, Which in the case of the Commons would

mean twenty ive cents a week, thie raiee applying to approximately 110 people, might off-

set the esti ted deficit. The Board, however, after a full discussion, decided, upon mo-

tion of Judg Carey, that the rates as announced in the catalogue shculd be maintained for

the remainde of this fiecal year, and that any deficit Which might arise should be borne

by the Unive sity out of other funds.

At this point the Board adjourned for dinner at the Women's Hall, to meet

again at 7.3 .

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The Board re-aseembled shortly after 7.30 with the same member. in attend-

&nee as at t e previous session.

President Duniway, in his report, had brought in a tentative plan with ref-

erence to a niversity Training School for nuress in connection with ths lvinson Memorial

Hospital. ere WaS a lengthy discussion of this matter, and it was finally moved that it

be defsrred til the June meeting of the Board of Trustees and that the President of the

Board and th President of the University at that time bring in a plan complete in detail

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Board of Trustees

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as to the co operation bstween this Board and the Board of that hospital. Carried.

'AT. "nl~ 11. ,u,.

The President also stated in his rsport that in the matter of affiliating

Jireh Co11eg with the University as a Junior College; he could not make comp1sted report,

as he had no heard finally from that institution with reference to its decision. Presi-

dent Duniway stated that the Faculty of the University had approvsd in principle the idea

of such an a filiation and that as soon as he had heard finally from President Atkinson of

Jirsh the Fa ulty would then work out the details of the completed plan. _Upon motion of

JUdge Burks, seconded by Judge Carey, the Board in principle approved of this affiliation

and decided that it would take final action when President Duniway should bring in the

detailed pl"ar to the June meeting.

The Board then took up the matter of the request for a lease from Mr. John

W. Hay of Rock Springs of Sec. 9, Twp. 33 N., R. 76 W., located in the Big Muddy oil field.-"Upon motion of Judge Carey, the Sscretary was instructed to write a letter to Mr. Hay to

say that the ",atter had been taken under consideration and that the Board was asking for

legal advice.

Upon the recommendation of the President and Faculty~ the degree of Bache-

lor of Arts -/is conferred upon Miss Flora H. Krueger, Principal of the Rawlins High School.

Ths Board entered into a full discussion as to What should bs done with the

money coming to the University from oil leases. Finally, upon motion of Mr. Brooks, the

recommendation of President Duniway that it be put into a fund to be ueed for permanent

improvements WaS carried, Judge Carey voting "No".

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Record of A1inltes ofIUDI-n '''KU-V'''''U.-Cg. 4 ..

Board of Truetees Meeting December 13th, 1917. 191 Sheet No. CO S

The follow1ng re$olution Was then introduced .by Mr. Ingham, aeconde:i and

C!lrri e:i:-

BE IT RESOLVED: That the Secretary shall request of the Attorney Gen-

eral of the State of Wyoming his opinion upon the following qusstions, viz:

FIRST

Construing Section 15 of Article VII of the Constitution of the State

of Wyo~ng, which provide.:-

"All l~~:is which have been heretofore grante:i or whichmay bs grante:i hereafter by Congre.s unto the University aasuch, or in aid of the instruction to be given in any of itsdepartments, with all other grants, donations, or dev~e. foreaid University, or for any of its :iepartments, shall vsst insaid University, and be exclusively use:i for the purposea forwhich thay were grantsd, donated or devise:i •. The said landsmay be le~se:i on terms approved by the l~~d c6mm1s3ioners, butmay not be sold on terms "not approved by congress",

and Sec ion 17 of said article, which providea:-

"The legislature shall provide by law for the managementof the University, it. lands and other property by a Board ofTruatees ft :

1. Is the !,o.,,~r to det~rmine whether said lands shall be lea$ed vested in the

"lan:i c

2.

;vhat t~

ssioners", or in the "board of tru.t~es" of the university?

of these bodie$ is legally authorized to prescribe to Whom and upon

such lease n:a.y be made?

SECOllD

Construing Section 1 of Article IVIII of the Constitution of the Stat. of

Wyoming, which provides:-

Record of Min tes of Board 0; Trust-es

MACE BY IAXU'VAW1U tC, ....

Meeting December 13th, 1917 •. 191 Sheet No. ~ q;.- .

'AT. ...,llr-ll Il!!<-

"The etate of Wyoming hereby agrees to accept the grants oflands heretofore made, or that may be hereaEter made by the UnitsdStates to the state, for educational purpoees, for public buildingeand inetitutions and for other objects, and donations of money Withthe conditions and limitations that may be imposed by the act oracts of congress, making such grants or donations".

and Sec ion 5 of ' the act of admission of the State of Wyoming, approved July 10th,

1890, w.ich provides:-

;

1.

a longe

2.

"That all land. herein grant,d for educational purpoees shallbe disposed of only at pUblic sale, the proceeds to constitute apermanent school fund, the interest of which only shall be expendedin the support of .aid schools. But said lands may, under suchregulations as the legislature shall preacribe, be leased for periodsof not more than five yeare, in quantities not exceeding one sectionto anyone person or company:~

Can a lease of the l~~d. vested in the university as afore.aid be made for

period than five years?

In the event the l~~ds vest~d in the univeraity as aforesaid are leased

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for the extraction of mineral or oil or gas therefrom, can the rental money accru-

ing the efrom be legally us~d for the maintena.."'lce of the univerei ty, or lnust tho int-

erest 0 said rental money alone be used for such maintenance?

-:-:-

The foregoing questions are all to be considered in the light of the pro-

visions of the act of congress of the U~ited States of Febr~ary 19, 1881, 21 Stats.

at L. 3 6, ~~d the act of congress of the United Stat.s of Auguat 9, 1888, chapter

819, 25 stats. at L. 393, ~~d the case of State, ex rel. Hockfeldt, v. State Board

of Scho 1 L~~d Co~~is.ioners, et al., 20 Wyo. 162.

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Record of MinLes of Board of Trustees Il1eetingc,

December 12th, 1916. 191 Sheet No. /(J1),'.T.""l~ll. lUI.

Upon motion of Mr. Ingham, the Board decided that a special meeting should

be called im ediately after the receipt of the opinion from the Attorney General with ref-

erence to th oil leases./

. J~perintsndent Edith K. C. Clark was a~d-to explain to the Board the pro-~ ~~~~

vision. ~cont mplated School Code. Miss ClarKi,'" ated what the School Code Committee hoped

to do, but te hour being;late, the Board adjourned to meet again the following morning

at nine o'cl ck, with the understanding that Mies Clark should continue her discueeion at

that time.

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The Board re-convened at nine o'clock on Wednesday morning, December 13th,

and the roll call showed that all the membere of the Board were present.

Miss Clark continued her discuesion of the new School Code, and for the in-

formation of the Board, the Secretary read the recommendation. of the Code Committee. There

Was a very ftl1 discussion of this question, particular~y with reference to the points wher~

it touches t e administration of the Univereity.

The followin~ resolution of President Duni~ay Wae offered by Dr. Hamilton,

seconded by r. Brocks:-

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Record of Min tes of Boar;' of Trustee.

ADl lIT AKl!:..VAlfTU CD.....

Meeting Dscember 13th, 1916. 191 Sheet No.lof,'AT. A'II~_!L..l!I_'.__

RESOLVED: That the Board approve the experiment of establishinga six wi'eks' branch Summer School in Sheridan in the eummer of 1917 •. ThePreside~t is instructed to report detailed plans to the Executive Committeefor action in time for proper public announcements and complete necessaryarrange ents in Sheridan.

A vote being called for, the following members of the Board voted "aye" --

Dr. Hamilton 1Ir. Ingham a.»d 1Ir. Brooks; the following members voting "no" Yr. Burke,

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Mre. Brooks, Yrs. David, Yr. Beach, Yr. Spalding and Judge Carey. The motion was there-

fore lo.t.,

JUdge Carey moved that the vote on this resolution be reconsidered, and this

motion was cried. There was further discussion, but a vote being called for, the result

was the same as before) the motion therefore being lost.

Upon motion of Mrs. Brooks, eeconded by Mrs. David, it Wae decided that the

University e.ould guarantee to all teachers in all parts of the state a one-and-one-third

round-trip fete the coming Summer School. This resolution Was unanimously adopted.

The Board next took up the consiieration of an idea advanced by Dean and

Director Knig t. President Duni~ay etated that Dean ~~ght ie of the opinion that the work

of the Agric1ltural College and Experiment Station would be greatly etrengthened by the

creation of A visory Co~~!tee~ elected or appointed by such organizations as the Woolgrow-

era ' AS30ci~t on, the Stockgrowers' Associ~tion} the State Horticultural Association, etc.

The purpose 0 these committees would be to advise the University on developments in all

phas.s of agr culture. President Duniway reported that such a plan had been tried in Vaine

and Illinois, ~~J fO\L~d to be very u~eful. After a very lengthy discussion, upon motion

Record of Min tes of Board of Trustees Meeting December ~3th, 1916. 191 Sheet No. !o~

of Mr. Spald ng, seconded by Mr. Beach, the Board said that it would welccme co-operation

from agricul ural and industrial inter~sta of any kind in Wyo~ng, and that if such organi-

zations desi ed to have Advisory Committeee for ths purpose of advising the University with

reference to agriculture and other interests in this state, the Board would welcome the

same. Carri d •

....-I The Bcard then began the consideration of the plans for the new Library

buildi~. T ere were found to be four seta, and these were arranged around the room for6

inopection. An informal ballot was taken with ref.rence to the appearance of the ext.rior

alone, but t is method of balloting wao found to b. unaatiofactory. The Board then decid-

ed to appoin President Duniway and Dr. Grace Raymcnd Hebard, Librarian, a committee of two

to go over t' e plano in dotail and tc make a report tc the Board on the results of their

inveotigatio 8. The Board then took a recess, SUbject to the call cf thio committee.

The committee wa~ out over an hour, after which the Board came together

again and li tened to the report of the committee. Dr. Hebard, supplemented by President

Duni way , ind"cated the advantages and disadvantages of each set of plans. These plans

had been let ered "A", "B", lie II , and ltD". The Board then proceeded to ballot. I twas de-

cided that a ly three places should be voted for, since there were only three awards to

be made, the first p~ize being the comndssion arising from the completion of the structure,

the second, 300.00, and the third, $200.00. It Was found that the set of plane marked

r'D" had rece ved eight votes for first place; those marked "e", six votes for sscond and

two for thir ; liB", two votes f or second and six f or third; and uA II received no VOt9S.

The envelope containing the nom-de-plumes of the competitors were then .opened, and it w~s

found tha.t t: a first award had gone to Mr. Hitchcock· of Laramie; second to Mr. William Du-

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Record of Min tes of Board of Trustees Meeting December 13th, 1916.191 Sheel No. I o.~

.AT.... 'IIL Ii. III'.

bois of Chey nne; and third to Yr. D. D. Spani of Rock Springs. By motion, on the basi.

of this comp tition, the Board adopted this ballot, Yr. Hitchcock therefore being ohosen

ae architect of the building, he to receive the customary commission when ths building

should be er cted; the second award going to Mr. Dubois, he to receive $300.00; and the

third award oing to Mr. Spani, he to receive $200.00. The Board further rS301ved that

the construe ion of the bUilding be deferred until the finances of the University should

Justify the ame.

The Board next entered upon a discussion of the advisability of appointing

a legislativ committee, but uFon motion of Judge Carsy, it was decided that the President

of the Board e authorized, in case of necessity, to call upon any or all members of the

Board to act ith him as such a committee. This motion Was .seconded by Mrs. David and

Unanimously carried.

Judge Butke appointed as a comndttee to examine the Secretary's books the

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following:- • Brooks, Mrs. David and Mr. Beach.

It being dinner-time, the Board adjourned, to meet again at 8.30 o'clock.

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At 8.45, the Board re-as.embled. Mr. Brooks presented the report of tho

co~~ttee en udit, which was as followe:-

Record of Mim tes of Board of Trustees

To the President and Members ofTh Board of Trustees of the

jy,,)ih University of Wyominjl;:

I Ii '!;.J' Ge, nemen:

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December 13th, 1916. 191 Shut No. /D"

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on file.

We, your Committee duly appointed to audit the books of theSe rstary of the University of Wyoming, from July 1st, 1915, to JuneaOlp, 1916, report as follows:-

We chocked the totals of the receipts and disbursements andthe balances in the various accounts as shown by the books, with therelort cl the State Examiner for the same period, and lind them toaf; ee.

MARY B. DAVID.C. S. BEACH.L. H. BROOKS,

Committee.

Upon motion of Dr. Hamilton, thi. report was accepted and ordered placed

There beinjl; no further business, the Board adjourned, subject to the call

of the Chair.!'"'.

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Secretary.

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BURKE &

!'-ilittlt£\l5 ';tW ([au

--:- ,,'. ,TIMOTHY F. BURKE

WIl"L1AM A. RINER

ROOMS !516 18

CITIZENS NATIONAl. B Nt( BUILDING

HON. J. M. CAREY,

CHEYENNE. WYOMING. February I, 1917.

Cheyenne, Wyoming.

Dear Ju e:

You have probably received official notification

of the eeting of the b09Id of trustees of the University, to

be held at two o'clock on the 13th of this month, fOr the

purpose of considering the opinion of the attorney general

and taking appropriate action in relation to the question for

which the semi-annual meeting was adjourned.

Further, it should be stated tnat a request has

come froi

should t

gran ted.

the state board of land commissioners that we

e action in relation to the leases which they have

Copy of this resolution, as furnished me, was accom~

panied b

me with

and of

I know

a letter from the governor, all of which impresses

e ,importance of the matter that is coming before us

e great necessity that we should all be present; and

will pardon the suggestion from me that our meeting

should be jUdicial, we each refraining as far as possible

from even forming an opinion as to what the conclusion should be

until the matter has been fully submitted.

~nere will probably be a number of lawyers represent-

ing diffe ent interests, present to give their respective views

on these atters.

]y. truly yot:?,~

~Board of Trustees,University of Wyoming.

•February 1, 1917.

HON. JG

B. f.Dmn!CK.vernor Df the State of

Cheyenne, Wyoming.Wyoming,

Sir:

As stated in my communication a fe'll days since, a

lLeetinl of th" bo:;.r·d of trustees of the University is called

an opinion from tile attorney ~eneral upon ques-

tStken 'by the 'board, I wn confident that! represent

(;'Hil'Y member when I sa.y tr.Et they will "he gree.tly

entative of your bo~d at that ffieeting.

e sta.te for university purposes. I/ithout action hav-

13th instant at two 0' clock p_ L'1._ ~ at whic"-; time i.7f:

01:,i -':.ted in relo,tion to leasing of the oil lands donat-tions

ed to

the st e board of land COl'lmissionerfl, and, th61'efore, I write

you 8.S hair~'lan of th:>.t bo!?rd, extending an i!lvitation to r~ave

J?lease to !~,,-ve I\l'csen tat that meeting a reprcsen tative of

:r ::11: Gq~ally sure tou. t I ~:rpeak fOi: my board i ....h~n

I S2.,' tl11t tr..8Y Vli.11 be most happy tel 1'e informed, not only

as to w,.at tile l::md boatel'has ,(ione in respect to the lensing

of le.no. t 'but ~s t:; the reasons for their acticn.

TI'usting t:-:.~t tf:is invi ta.tion 19i1l be accepted and

a repre entat~ve viII ce present, I ~~,

j:resi0ent LQ.i.i:d :)=.~ 'lJ.:·uoteeB,Univel'nit.y 0·(' -'-:JraJ:1:L1f,:.

i,

, "

•JOHS B ..H.E1c>.'UB.IG.H.

GOVE NQn··_" B'l>I'=I.KE H. SrNCl-A,lR

SO:CRIt .... "'Y

•W-irc: ,§'latc: Df l~~l1ntht9l£xcntfiuc :lh:partuttllt

C£l'tcuetltt.\?f "

29 January 1917.

M;j de r Mr. Burke:-,.

Under separate cover I am sending you a copy of a reso-

lutio in reference to the leasing of University Lands. This reso-

lutio was passed at a recent meeting of the State Board of Land

Commi sioners.

The apparent necessity to the land board for such a reso-

lutio was due to rumors that have been persistently circulated the

past ew weeks to the effect that the state land board has no legal

autho ity for leasing university lands, and that litigation is to

be co enced to set aside leases already mad~. Wliile I have no in-

forma ion to .he effect that these statements were authorized by

your oard, yet I naturally have been greatly concerned over them,

both s a member of the state land board, and as chief excutive of

the s ate. As a member of the land board, I am anxious to get re-

suIts and to have the board live up to its every responsibility.

As go ernor of the state, I am deeply concerned in avoiding any

appar nt difference of opinion, or conflict of authority between

one 0 our state departments and the university trustees.

In all land leasing cases, the state land board has ac-

ted der what it llas firmly believed to be its legal authority;

but those particular instances involving the university lands,

OU1' in addition acted 1L~der direct instructions Of the

•Board of Trustees of the University, such instructions being given

by resolution of your board on August 30, 1907.

It is quite possible that our state land board may have

made istakes in accomplishing the leases in question but it should

be bo e in mind that all contracts are entered into in accordance

with he light and information on hand, rather than that on subse­

quent events. At the time prospectors leases were given on univer­

sity ands there was almost an entire absence of faith in oil possi­

bilit"es of these lands. This doubt w~s shared by every geologist,

so fa as I know, that had examined the field. The state land board

has al,ays, as it does today, declined to put premiums on the privilege

of pro pecting our lands; therefore, the nominal price of only $166

per Ie se has been exacted. All operating leases p~ve been drawn

under s good or better terms, I believe, than are Ivritten into any

leases made in the state up to this time.

As set forth in the resolution which I am sending you,

every ember of the state land board will most heartily concur in a

plan t definitely fix this question of authority, but I am constrain­

ed to ay your mvn good judgment would decree that any action taken

along hese lines should apply to only future leases and not to any

obliga ions already assumed. Any effort to interfere with contracts.

alrea made, would clearly question either the ability or the in­

tegrit of the state land board, and would thus suggest repudiation,

of the State's contracts. This would not only bring discredit upon

us, but would surely prove disastrous to future develor.ments.

•T. F. B. lf3.

•

I am supplementing the board's resolution with this letter

toCyo • with the sincere object of avoiding not only the conflict that

may a ise from indefinite litigation, but for the more important pur-

pose f doing what I san to perpetuate the splendid spirit of coopera-

tion nd good will that has heretofore existed anong all departments

of 0 state government.

I feel tnat the gravity of this situation justifies me in

aski you to call a ceeting of the Board of Trustees of the University.

not 1 ter than Monday, February 5th, 1917, in order that this matter

may b laid before it for prompt adjustment.'

Sincerely yours,

Governor, President of State Board ofLand Commission.

Hon. imotliy F. Burke~ l'l'esidentof tr.e Board of Trustees,Unive sity of WyomingCheye e t \\'yoming.

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RESOW~lON.

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iJ 15 o~

~s, Th8 Constitution of the stato ot t~omlng, Section

101e VII, retorrlnc to the leao1tlg of University landa, 1prov1d~s

•""The sald~ lands ms;y be leased on terms apPioved by'

the land Commissioner.," and

-.wEltEAS. SectiOn 3 at Article XVIII ot tho Constitution

provides

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truotion and Seoretary or State, and provided that such

WHEREAS. in order to ca.rry into street the 'Prov1alono of.'

the Gena i tution, the Iogislature did, in 1903, Chapter 78, section

n~e Governor, 8u~rlntendent at Public Instruotion and ­Soc etary at State shall constitute a Board of Land CO~~810nerB

....,ho under suoh regulations as 'may be provided by,lew, eMIl'l..lltlV the direotion, control. disposition tmd care of' all l.a.nds

tha lnve been heretofore or nay hereafter be grnnted to theSt.3, a, n and

of ~~d omm13s1onera, oomposed of the Governor, Superintendent at

Board

!'ubl1c

2, nON etlan 603, Compiled statutes 1910, create the stata lloard

I1Ir--

IIsball •• have the direotion, control, disposition nnd o:u-e ot allland granted or acquired by the State other than lands grantodtor ha ben~tit and support ot publio 9Ch?019," a:rA

1,'iHEREAS, the legislature did, in 1907, Chapter 91, $action

2, ruy,y Se tlon 619 Compiled 5ta~uto8 1910, provide:

liThe State Boards of Umd Convniasloners are hereby authorizedto I aSG.uvon a ,royalty bssls,any state or BOhool lands supposodto c ntnln coal, 011 or minerala, a."ld to make and establishrule or regulations covcrine tho conduot or development and miningo~ tiona to be carried on thereunder," ~~

university eid,.on AUGUst 30, 1907, pass the

the State aoaru. of land Co~..1s.oioncrs believes llnd

or land CO!'!miG9ion....rs ~o lense University lands, the

solution:

of the 5

contenda (It full p<r.l'Or and a'Uth rity. h2.s been vested in it by the

oonst1tut on and la\1! of the ~tate to lease University 13.t1de, but

BO.!:ie question Mving been reloed a.s to the authority

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"'I¥1IERZAS: It has been ,oa11ed in question, through the,. oplni 'n' ot the Attorn9~ Gonsral of'the Sta.te of lJIyomlng, ', .. ' ,the p war. ot the Board or, state land Commissioners to handleand e 'for tOO l2.nda ot the 'Unlveralty~ ~8S well 'as tJiose ofthe loultural Colloge, and. the query 1s made as towhet r it '1~ not tlie ciutY'Of 'the -.Board ofiTruatees"ta' "direc 1y lease and care tor one or both at these trust!!;'there ore~ be it 1 l~ ~,~ 'i'A ,)~ ','

"RESOLVED: That the state CO!!Jnlsaloner ot Public lendsbe, a d ho' 1s hereby requested and emPowered, under the s'!lper­visla and direotion ot ~~ state Board of Land Commissioners,to 0 ,torland 1eEis~ 'ri:ny and ail ot'l!Iueh J: lands"in ell'resPectsas he cares for eiJd leases other lends belongl:og to 'the stateand' er the "oontrol 'of eald "Board, and that a'renort be mde "'~:"!,to th D Board, .on or before June 1st of each year, -as to hi8do1Jig in ·this regard," '

tion has not been repealed by said Board and s till stands

as the ord r and ~uthortty 'of said' Board' of Trustees, end

~S, the state Board of lend Commissioners, actlI1g yilder

the author ty vested in 1t by the Coneti tUtlo:i1 :ind the statutes for such

nd prOVided, and under the author1 ty ahd pat'/sr veated in 1t by

the sa.id solution o:t,;tho Board Of Trustees ot'the UnlverG1ty, did, on

the 10th. of M'a.y, 1916, issue'a prosPeo'tor's 0"11 ·lease,No,.; 2il48, 'to

sand' J. F.' 'Leeper, for. the 'fol10711ng-deeorlbed unIversity Vlands, to- it. ~Ya~ seo. 4;, Tvi:P: -33 N.; Rg. 76(W., 'NEil N~smt 'Soc~' 5 -:•Twp. 3=\ II•• Rg. 76 W., "

'And, did on tha lOth day of May, 1916; IBBue prospector's oil

lease Ro. 1144, to William Marley, tor"the :following doacrlbsd th1iverslty

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33 N., Rg. 6 W., . -

And di_d, on th~ lOth day or ,:&'y., 1916, 'issue prospector's oil

lease !lo.· 1156, to Ben Lt.' Wood,' for th~ tollO'rtlng described University/

v'

lends, to- it: .~: Nisv.t.t seo. 5, E"-~.: NEitSEt seC.6,'l\7P.33 N.,Rg.76 W,

And did on the lOth day of Msy, 1916, issue a prosPec tor's 011

lease No~ 1147, to H. A. England, for the f'o11ow1ng desoribed Uniov:ersi ty ~

lands, to- it: V1'~t-: Et!\yt; SW.t5W-i Sec. 6; ~.33 N., Rg. 76 W.,

And dld on the 5th day o~ May, 1916, iasue a prospeotor's 011

sity lands, to-wit: stJ: lWSi-: s~ sec.B, Twp. 33 N., Rg. 76 \'I.,

lease No.' 1317, to .A. E. IIul:!Iphreys, tor the following doscribed lrnlver- "

V

And did on the lOth day of Juns 7 1916, ig3Ue a ~rospeotorIB' oil

1ClaSi) Uo. 1:315, to R. :9. ','k11 taeide, for the t"'ollo'l.'1."lg daseribed. Urliversi ty V-2_

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land•• t wit. '~, '8'i;Ji~; ll\I't~;m:{II;.'i;'seo;9. '!!\'rI>. 33 n•• Rg.76 \V.~ II"And did on' the 5th day ,'Of' MaY/ 19i6, 'issue prospeotor's 011

lanse No. 21149:, to' 1lerrltt' Oil'~d ·Gas7'C'ompa.ny, "for" the' following pi'desoribe university lands~ to-~it:" Ail'o~c6;i ~~!n~ Sao. 10,

'ri-m. 33 •• Rg. 76 W.,

.And did on' the 10th dAy of June, 1916, :i~'sua \'prOBPector' 8

011 leaa No. 21Ms, to James' u. 'Douglas, for' the;' follO'.ving desoribed

Univerd

hp. 33 1'.', Rg. 76 W" and"

\msm:A.S, the term9 of these DroB,:>eotors t ~eaBes require the

lassoes 0 eXplore anid '1aD.ds for oil 'dUririg the t~l"!D thereof and to

~y the ato, tor the benefit of the Uhiverslty,'a rental or $100.00

tor each ease; and

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ir'Hf'JWAs. certain~'o~ said lesseos" re.lying 'Qpon tho power and

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opernting

lunds. which are the same lands included in the said pros-

state Board of !and COr!!l:lieoloncra- did, on the 1st dD.y at,leases. t

were ant tIed. under the provisl~n8 ~f said 'io~se~,to~

Septerobe , 1916, issue to the Zl.tch9rn oli' ComPanY. Assignee of Ji3gens

• operating oil lC3ae No_ 21945, for the following described

author! t gI"tmte,d to the SOard ao heretofore provided for the leasing at

sald't~o9~~t~rst la.nDa~" nuiaDered 21148," ~1144, 21317,

21315 an 21149. did cO~iY:With,the'·'te~G·.ol'Baid·.prOB~cto~s! leases

l1nd did Yto the Stat~ ~h~ .~id r.n~1orth. b:m.m ot'the Unive'r­did e~perid. ~s'e sums at u.onoy in e~i~rtne said laDdo for

r . ,., I}" Y" ." , •

id discover all in oommerci$l quantitios on said landa and

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peetor'~ lease. to-wit: ;viw~ ot sec. 4, NE;; niSBl: sec. 5" 'l'wp. 33 'n.,

Rg_ 76 W •

And did on the 1st day or September" 1916, laDue to J.C.Kinney,

Assignee of William )Da;iey, oP6r~t1ng' oil 'leasB ~ro.Zi6S6. for t.M fo'llow­

'!ng de:Jc ibed University lande. whioh are the same. lands included in

the saId pro3?0ctor'a lesse. to-wit: lots 1. 2. 3. SW.lot&i,; ~n3:a:::E1SW.tl

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And did on the 27th.doy of Novc",bor. 1916. los"" til ~rrltt

011 and B Compon"y, Q..'Ol operat1ns. laudo.. uo. 220101, fortbc tollowlna, ~ '! ' ~

de.orlbe Unlversity ionde. 'llbloh nrc till> "om lnndo Inolndod in tile. .~.,

~wp. 33 •• Re. 76 W,.

And. did on the 25th cloy of Jan=lI. 1917. issue to A. E.

Um:z:phroy • operattnu l$aS& ~o. 22188, tor tho ~ollowl!l8 dlIoorlbod

Unl""r>l Y londo. ,.111011 are the ea."", 11lnds 1l101Udlld In tlle o"ld

~~OSPCQt r'o lense, to.....,.l t~ ali-I lfr,a·: ~-; seo. a. ~1p. 33 N.,,

Bg. 76 W •

\Vblte.l • Ol>'lNltillg loneo !lo. 22187. for _ follow1llg de.orlbed

Unlver.l '3 land•• whloh are tile some lonc1s 1l101uded In tile said

.,ro,peet rio lease. to-'.11t.J,; SCI St111rs m~~, li'Ua"~ seq. 9.

'l"NP. 33 •• !tS'. 76 W., and"' . ;~

\m?REAS. untler tho· torms or tho present proopoctora' leasos

on 1k11vasl ty lnnd$ ""d under tlul to""", of tlle operot1llg 011 leao.e

issued 0 University l4ndD, it 10 roqulre~ and tho lesoeea o.re ~dinB

ot~ UI:d a...-e to upend 1nrgo 8".m& ot mney in the fUture.

in ordor to 1'urthor dove10;> ",,1d l3ndo fOr 011, and

~l!i!AS. ""dor oal4 ope:at""<; 10"00. tho 1.oeo•• ore produolng

011 trom aald Unlvore1ty lllnds end mrkotl"ll tho """'" lU>d Jl'lY1tlIl to tile• '.' ", 'J

Stot., f r the bonotit of onld lkllv.roit;;o. tllO royalty theroon. and

t'H?:R..&A.S, the valid1ty ot aa,ld 1~Bo8 haG bce.."'1 quootionod and

current tint the Board. or 'l'ruStcQ9 01' the tlDiveroltN h!1s tho

o""lu.lv ,,"uthortty to loue tho Un1vor.I't. lMd.!. and thot the:r will not

st!W.'1 'by their rt)lIo1ut1on Quthor1z1nJ nnd o=tpa.1or1n(; tho 3tll.te· SOard o~. ,~~d C l~alonera to l~ab~ sald 1anda. en4 that it 10 the purpose of

ot" 'l'rustOC:D of the' Unlvorolty to rotuao to CO!1flrm'tho lCi13Q9

'cantlono4, and timt it 10 tho Lntontlon Of thO Board of

rr-<lDto.es or the Un1voi"oitj to lOl1DO oaid la.tul9 to other appl1CGnto, nIl

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doubt uncertainty' havo boen cast on the va.lld1ty ot the leases

ore mentioned, which has rendered and is rendering It

~or BO=e of the lesseos of oaid lands to obtain the

o continue the developnie'nt \'Iork required'Und.er tho .terms

leaoan. and has MDt suCh iL"1.COl'tolnty 'upon the valid1 ty o't

sa '8:9' 'to create a doubt in' the minds o.'r. B~ld lessee.

u.s to w ther or not they should -proceed wI til the. expendi ture ot

moneY' a the development of these lands, ns provided bY' the te:M:ia

large ot money in the development ot 1ts lends. all or which

od a oondition intolerable to this 'Board; and

~~, it the Board of Trustees of the Ohlversity desires

Its authority given to the state Board ot !end Conrnlssioners

to lease and mr..dle tJ't.e landa of the ~11vors! ty, and to contost the

of laid eases, ~h1eh 1s liable to retard tho development o~ said

1""018; d

~4.S, these 1"UmOrs as to the attltudo or the Board. at

at the ~lveraity and the threa.tened litigation and pro­

oeodinga to invalidate the 104gos made, and heretoforo reterred to,

rotleat pan the integrity not only of the State'Board ot Land

Commiesi norD \Vllch grantod the l&asos but upon 'the Board of TruG~

taes of 'he universlty whl~h authorized t~.o St~te B~ard of Land

COJmloi9s1 ners to grant 841d loases, and retloct u"gon the good 218.me

tuld cast n doubt upon Its good fa.l th and. 1ts ,purpose

out It3 contract with thoso whoT!l it h3.s induced to' expend

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right an nuthol'lty of the state .!3oard of' Iand COm!'.:1balonera, under

the cons ltutton and lawQ ot the state, to leaso anoid University lande,

the st.:1.t Board of bnd. C0l"ll'l11e81onel's nill co-operate with Dald Board

of Truot as ot the Univorsity to seoure n daterc.ll18t1on of that

question in the Courts ~or the benefit of' future transactions, b~t. this

should n t be done with the purpose o~ affecting transectiana

already ntered into by said state Joard or UL~d Commissioners, and

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oaloners in granting thee9 leases,; now, therefore,

,.€..~s. inasmuch o.s the Board ot Trustees has by resolution

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lease tho nds lUld the integrity or ~ action ot the State Board

~mpO'i7ered he state :Board of lD.nd. Co~s81oners to lease and handle

its lands, that th9 question ot' power and authority to gr:mt these

leases Is at involved BO Drl1ch as the good fal th ot the state and

ot

Trustees 1 authorlz~ the State Board ot land C~981oner8 to

-the n:ainte 08 of' the Integri ty o~ tho action of the Board of

in order t r-emove overy doubt and uncertainty as to the valId!ty

ot saId Ie nca, s.nd in order to maintain tho 600d nn.mo of the State

in tho keo lng ot it. oontracts, and to msintain the lntegrit1 and

good. t!l.lt of the Eoard o"f tzrwstoS& of th,8 tJnlTerslty of' "Il)'oming and

ot t!".e at e Board of land Cocr..1ss1onera, and in ordor t!lD.t confidenoe

nny be 1"0 tOl'ed and maintainod by those who detlira to enter into

oontract ith tho state tor the development ot its lands for tho pro­

duction 0 oil, be it

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'SOLVED, by the state Board ot Land Comcdssloners. preoentJ

Govornor olm B. Kendrick. Sacretary of state 1. L. RaUX, Su:perintendent

of Public Instruotion J::dl th K. O. Oluk. in opeclal sesaion, this 25th I<1a7 of' Ja uary, 1917. tha.t tho 90ard of' ~t608 of the University

be requQQ ad to convene at the earliest date :POstdble and to approve

said Ions 8 nnd to deten:line whether or not snld Board. or '.!'rustoQa

desire8 1 the future to revoke ito authority to the sta~e Board ot

Land Com~ selonaTe to loase and handle the lands ot s~id Stato oni-

The officers of' this Board are hareby directed to Bend a

copy of t 8 resolution to eaoh melft!)er or the Board of' 'h"ustess of

tho Unlve sltyand to request Hon. 'l'1J:lotby F. ltoJrko. President of tho

nonrd of rustoes, to call a. maet1nc of the Mid ~oard of Trusteos

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"-.' !·,-•••· ~·r~,n,i. ·.:;t..:•.... '-""" '-'1'" .... ."~ .... ,' "'- .. ~.t.>'-J • .:, ~tY".,.

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,proper'

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in cQ2ito

my glY. t

'ty with ,this ro,olu_t1~nt .~ order, e.' 'J , : " ~

1a re801ution'~ur'~onSlderati~,~~~

action the ocni.

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