The Congressional Enabling Act providing for the State of Washington's admission to the Union granted certain lands to that State 'for the support of common schools.' Section 10, 25 Stat. 676, 679. Section 11 of the Enabling Act provided that these lands should 'be disposed of only at public sale, and at a price not less than ten dollars per acre * * *.' The State Constitution, art. 16, §§ 1, 2, provides that these lands shall not be sold except 'at public auction to the highest bidder' at a price which may not be below both the full market value found after appraisal, and 'the price prescribed in the grant' of these lands. In 1943 the State Commissioner of Public Lands held a public auction for the sale of timber on school lands. At that auction the Soundview Pulp Company, one of the respondents, bid $86,335.39 for some of the timber. This amount exceeded by approximately $9,000.00 the ceiling price fixed by Maximum Price Regulation No. 460. The Price Administrator advised Soundview that consummation of the sale at the bid price would constitute a violation of the Regulation and of the Emergency Price Control Act. Thereafter Soundview and the unsuccessful bidder, Coos Bay Pulp Corporation, commenced actions in the State Courts, seeking an adjudication as to the legality of Soundview's bid and of the proposed transfer of timber to Soundview. This resulted in a holding by the State Supreme Court that the Emergency Price Control Act did not bar the sale of school-land timber at prices above the ceiling. Soundview Pulp Co. v. Taylor, 21 Wash.2d 261, 150 P.2d 839. When, after this judgment was rendered, the parties were about to complete the sale, the Price Administrator commenced this action in the federal District Court to enjoin the State Commissioner of Public Lands and Soundview from completing the timber transaction at a price above the ceiling fixed by the Regulation. The District Court held that the Emergency Price Control Act did not grant the Price Administrator authority to set maximum prices for school-land timber sold by the State. The Circuit Court of Appeals reversed. 9 Cir., 149 F.2d 777. Because the Circuit Court's decision conflicted with that of the Supreme Court of Idaho in Twin Falls County v. Hulbert, Idaho, 156 P.2d 319, we granted certiorari in both cases.
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2026-11-16 06:24:11 · The Daily Ledger
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