The Enduring Legacy of "An Honor the Most Sensitive"

Here at Advocates for School Trust Lands, our mission is clear: to ensure school trust lands are managed with the utmost care and for the sole benefit of our public school children, both now and for generations to come. This isn't just about managing land; it's about upholding a sacred trust, a duty enshrined in law and principle, often described by the powerful phrase: "the punctilio of an honor the most sensitive."

Alexander Hamilton

This eloquent expression, first penned by Alexander Hamilton in a moment of personal crisis, found a profound and lasting legal home thanks to the wisdom of Judge Benjamin Cardozo in the landmark case Meinhard v. Salmon. Cardozo, in defining the responsibilities of a fiduciary, declared that they are held to something far beyond the simple ethics of the marketplace:

“Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior."

Trust Lands

What does this evocative language mean for school trust lands? It means that states, as the trustees of these lands granted by the federal government, bear an uncompromising duty of loyalty to the beneficiaries – our public schools. This isn't a casual obligation; it demands the highest level of ethical conduct and a single-minded focus on maximizing revenue for education.

Roy Andes

This principle has been fiercely defended in Montana, most notably through the tireless work of attorney Roy Andes. Through his landmark legal battles, he championed the idea that the state's management of these lands must adhere to this exacting standard.

One of his suits, Montanans for Responsible use of School Trust, successfully challenged state practices that undervalued trust land resources, such as below-market lease rates for private cabin sites and outdated valuations for easements. The Montana Supreme Court itself echoed Cardozo's sentiment, emphasizing the "undivided loyalty" required of a trustee and the necessity of acting with "the utmost good faith" to secure the "largest measure of legitimate and reasonable advantage" for the trust. Learn more about Roy Anders https://liberallawyer.net/about/

Advocates for School Trust Lands

Roy Andes' continued advocacy through our organization, Advocates for School Trust Lands, reinforces this crucial point. Whether fighting against discounted grazing rates that deprive our schools of potential revenue or ensuring fair compensation for the use of trust land resources, the underlying principle remains the same: the state's duty is defined by "the punctilio of an honor the most sensitive."

This isn't just legal jargon; it's a moral imperative. It means every decision regarding school trust lands must be made with the sole intention of benefiting Montana's students. There can be no room for self-interest, political expediency, or the prioritization of other agendas when managing these vital assets.

As Advocates for School Trust Lands, we remain committed to holding the state accountable to this high standard. We believe that by understanding and upholding the "punctilio of an honor the most sensitive," we can ensure the long-term financial health of our public education system and provide the resources necessary for Montana's children to thrive.

Download your copy of ASTL’s “Duties of States as Trustees of School Trust Lands” share it with your state government officials or post it on your social.