U.S. Supreme Court
Ervien v. United States, 251 U.S. 41 (1919)
Ervien v. United States
Submitted November 11, 1919
Decided December 8, 1919
251 U.S. 41
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.2d 7 affirmed.
The case is stated in the opinion. chanroblesvirtualawlibrary