Surveys were made by the department of surveys, under order of the commissioner and computations were made as a basis of the pending suit.

In the case of Tom Briggs lake, Briggs applied to the state for the right to extract the potash, which was the honorable thing to do. There was no law! for mineral leasing in the state, but Attorney General Reed held that the board of educational lands and funds had authority to issue such leases, under the constitution, the legislature having laid down no method of procedure.

Under this ruling of the attorney general, the Nebraska Pipeline & Refining company had asked for and received permission to prospect the lakes of some thirty-nine sections of land with the privilege of selecting not more than five within one year. The amount of publicity given this permit, and inquiries arriving at the office of the commissioner, caused him to insist before the board upon a set of rules, and a lease form for mineral leases. This caused considerable delay, and conflicting applications for the Briggs section, and other sections deemed desirable. Under the rules adopted competitive bidding was required where two or more applications were filed asking for the same tract. Over two hundred leases were issued under these rules, fortyfour of which were in Sheridan county.

The Briggs lake was auctioned, and bids held open for an hour, and the lease was authorized to be given to J. J. Sullivan for $1,000 bonus and twelve and one-half percent royalty. The court declared these mineral leases were without authority, and void. Then at the extraordinary session of the legislature in April, 1918, a mineral statute was enacted, and the board sought to proceed thereunder. Again the courts were invoked, and again the delay. In the end of two or three years of litigation, Briggs secured the potash rights on the section for a five percent royalty, as the potash bubble had so far exploded that he was the only bidder.