Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1886-03-20
OPINION OF ATTORNEY GENERAL
GRADFOED


Relative to the sale of School Lands.
Attorney General Bradford has furnished
State Superintendent LaWhead the following
opinion OF Importance TO settlers OF Kansas
THAT by senate bill No. 20, which tool
effect February 10, 1886, section j, article
H. chapter -, compiled laws was amended
so as TO prohibit the sale of school land
unII three years after the organization o.
the county IN which the land lies. The pOiui
has been made that this prOVisO only applies
to counties unOrgaDlzed at the time of tn,
passage Of the act. In this I do not concur
think that 1t applies TO newly organized
counties as well, IN fact to all counties IN the
state, and prohibits the sale of all sch0O.
land until three years after the organization
of the county without regard to Its cOndi
tons organized or unOrganlzed, at the time
OF the passage of this act. Proceedings
pending at the time of the pas
sage of this act viii be saved from
ITS operation by chapter 1O4, section i
10 be "a proceeding pending means Ju
dlclal proceeding. a petition by q settler
asking for the privilege of purchasing at tn,
appraised value pending ia the pEobaIt
court at the time Of the passage Of this ac
would be such proceeding.
Appraisement and advertisement by county
treasurer would not be a proceeding pend,
ing. 1t is not of a Judicial nature. Land
not included IN petitions pending in the
probate court cannot be Sold though prev.
Ousiy advertised.
By house bill No. 4, which took effect Feb
ruary 18TH section 4, article Il, chapter 81
IB4-LLfAlGA HIVES is aL44ElLLc4 SO 10
additional facts to be alleged and proved IL
and under petitions in the probate court.
A SIX months residence is required, and
such residence must have been exclusive. OF
a residence or home in any other place.
improvements TO the amount of 500, in.
GLIDING permanent dwelling, are requirsl
to have been made prior to the appraise-
ment.
The petition must aver and the peti.
TONER must prove that he has not before
taken school land to the amount of one
Quarter section.
Notice IN a newspaper of the presentation
OF the petition Is required. In the hearing
of all petitions before the probate cOur
since the passage of this amendment this
act must be complied with.
The facts therein required to be shown anC
found must be found by the probate court IL
order to entitle the petitioner to purchase
the land. In case where the land was Occu-
pied by a settler actually residing on the
land, but who has not resided thereon fol
SIX months, it is provided that such lane
shall not be brought into market until six
months after the commencement of suck
settlement and improvements.
Land appraised and occupied by a settler
but not for SIX months prior to the appraise.
ment cannot be sold by the treasurer al
auction or IN any other way until after the
SIX months necessary to enutle the settler td
purchase.
Mr.. Kelley asks, ''suppostng a settler com
plies with house bill NO.4 and gets his
certificate OF purchase from the probate
Judge can refuse to sell him the
landF' The question is asked in regard
TO unOrganlzed counties, and the
answer is, that If the petition was pend
ing IN the probate court when senate bill
No. 20 took erect, the treasurer should re-
ceive the money and the clerk should issue
certificate, but If suCh petition was not then
pending the treasurer should refuse to take
the money, as there would then be no author
ity to sell school land in the unOrganized
counties.
He further supposes ga settler had his Ger
bhcate Of purchase from the probate Judge,
Che means the finding that petition is trUe)
20, can Irefuss to sell the land, he having
complied with the old law" This, as viii
be seen from the preceding remarks VIII
be answered ''NO."
Again, suppOslng parties had settled on
land under the old law and had applied to
the probate judge for a certificate Of PUP
chase, and the case had been appointed for
hearing, so that the time lapsed over into
the new law, how am Iact2 If this question
gained counties, considering senate bill No.
20, 1t IS already answered. If it relates to
the method and qua1tg OF proof required ia
proceedings pending considering house bill
No. 4. viii say, If purchasers proof was sat
and sufficient, when the petitions
were hled IN the probate court it VIII be suf-
hclent now. In other words, these proceed
lngs continue unaffected by the change in
the law, by virtue OF the statute OF construc-
alton laws.
think thatI have fully covered the points
raisea by Mr. Kelly and yourself, aud upon
which YOU desired my opinion.
F6EV respectfully yours,
5. B. BR4DFOHD, Atty Gen