IWP released the following press release today.
NEWS RELEASE
Hailey, August 5, 1999
IDAHO SUPREME COURT DENIES THE LAND BOARD'S PETITION TO REHEAR THE COURT'S DECISION OF APRIL 2, 1999
IDAHO WATERSHEDS PROJECT (IWP) announced today that the Idaho Supreme Court has denied a petition from the Idaho State Board of Land Commissioners to rehear its decision of April 2, 1999 which ruled that the 1998 Constitutional Amendment, HJR-6, was unconstitutional.
The Court denied the petition without comment in an Order dated August 3, 1999 signed by Frederick C. Lyon, the Clerk of the Idaho Supreme Court.
The decision affirms the court's April ruling which determined that the State had improperly included two constitutional amendments in one ballot measure which was subsequently approved by the voters in November,1998. The Idaho Constitution expressly bans the inclusion of more than one constitutional amendment in each ballot measure for voter approval to prevent hidden changes to the Constitution.
The April decision to overturn ballot measure HJR-6 was the first time since 1929 that a constitutional amendment had been ruled illegal by the Court.
Idaho Watersheds Project through its attorney, Laird Lucas of the Land and Water Fund of the Rockies Boise office, had petitioned the Court in December, 1998 to overturn HJR-6 because one of the two parts of the illegal amendment would have eliminated any constitutional requirement that the leasing of Idaho State school endowment lands be subject to auction when two or more applicants apply.
Jon Marvel, President of Idaho Watersheds Project stated: " The Supreme Court has closed the door on this attempt to illegally change the Idaho Constitution. This decision can only help in raising more money for Idaho's school children through the competitive leasing of school endowment lands. Just as Idaho's founders intended in 1890, open and free competition will continue to assure the greatest financial return to the school endowment fund."