The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1891-12-18
THE EVEN SECTIONS,
An Authoritative Statement OF The
Scope of The Late
SUPREME COURT DECISION
And a Clear Definition of The Rights
OF All Parties.

I w ~ ~ Di@Ns ~ AcoA'
VIM. Cunningham Esq, County
Treasurer, lola, Kansas.
Sir:-I am in receipt, by reference
! from the Department, of your letter
of November %, 1891, urging immed-
late action in the matter of the even
numbered sections, within the ten
mile limits of the grant to the Leaven-
worth, Lawrence and Galveston II. X.
| Co., in Allen Co., Kansas, which the
Supreme Court recently held had
| been patented to the Missouri, Kan
sas and Texas Ry. Co., without
authority of law. You state that nu-
merous parties are attempting to es-
tablish residence upon these lands
which have been in possession of the
I transferees of the Rail Road Company
for years, and you ask if the Anderson
I Bill, that was passed few years ago,
applies to these lands.
/ Inreply you are advised that the
Anderson Bill, became the Act which
was approved March 3, 1887. and the
rights of claimants, whether under
! the general land laws, or as purchas-
ers from the Rail Road Company aOW
| hare to be determined in accordance
1 rith the provisions of that act.
/ l enclose for your further infOrma-
/ ton copy of the circular of instruc-
tiOns issued under that law.
: The case of the United States VS.
Missouri, Kansas and Texas Railway
Company, involving the question of
the COmpany's right to even number
ed sections of land in Allen county,
was before the Supreme Court on APP
peal from the decision of the Circuit
Court, which sustained the demurrer
of the Company. That decision was
reversed and the case remanded with
directions to override the demurrer
and require the Company to answer,
also for other proceedings not incon-
sistent with the opinion.
When that case is finally disposed
of and the patents, issued for such
lands, have been cancelled, this De-
partment will then have jurisdiction
to determine the questions that may
be raised by settlers or the grantees
of the Company, or both.
Notice of the time when applications
may he accepted by the local officers,
will be duly published, and no pre-
ference rights can ROW be acquired by
settling upon tie tdad prior to the
cancellation Of the patents, and the
RELOCATION of jurisdiction to this De-
partment.
The purchasers Of sWch lands as
tCere free from ddrcrsc claims, at the
date Of selection BIZ the Company, seem
to he protected by The provisions Of the
act of March 3, 1887, also those settlers
who had preeXisting claims to the
land, which were enormously cancel
ed. Respectfully,
THOS. H. CARTER, Commissioner.
The foregoing letter from the COM
missioner of the General Land Office,
for permission to publish which we
are indebted to the kindness of Mr..
Cunningham, is of very great interest
and Importance for the reason that it
is the first official utterance that has
yet been made touching the scope and
effect of the late decision of the United
States Supreme Court i'll the Even
Sections case. The italics are ours
and are used to call special attention
to the points which seem to US. to be
of the greatest Importance. 1t will
be observed that this letter sustains
y
particular. "The rights of claim
ants the Commissioner asserts, twill
have to be determined in accordance
with the provisions of that Act"
[The Anderson bill. That is what
the REGISTER stated when the decis-
ion of the Court was first announced
And in the last paragraph of his let
ter the Commissioner puts the same
construction upon the Anderson law
that the REGISTER has always placed
on it, namely; That it absolutely pro-
tects the rights of innocent purchas-
ers.
We would direct special attention
also to the Commissioners announce
ment that "no preference rights can
now he acquired by settling upon the
land prior to the cancellation of the
patents" and that due notice will be
given when filings will be received.
The case has now been remanded to
the Circuit Court for trial and the
readers of this paper will be kept
duly posted on all the proceedings.
The circular of instruction referred
to simply publishes the Anderson
act section by section and CONSTITUTES
its meaning. The circular puts the
same construction upon,the fourth Sec
ton of that act that the REGISTER
has always put upon it, namely: That
after the title to the railroad lands
has been restored to the United States,
''persOns who have purchased the
land i'm good faith, their heirs or as
signs, shall be entitled to such lands
upon making proof of purchase at the
proper land office"
Coming from the source they do,
this letter and the accompanying cir
cular settle two things beyond farth-
er cayiI: First, that no rights can
now be acquired by humping unoc-
cupied land; and Second, that the
title of bona tide purchasers will be
confirmed. And with these two
things settled the course of every pru-
dent and law abiding citizen, in re-
Iation to these lands, must be plain.
KANSAS IN CONGREss.