The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-08-19
SCHOOL LIND WEALTH
Prof. Elder ofNorman on How
to Conserve 1t.
WEAK SPOTS IN THE LAW
Outline of Legislation In the
States interest


mathematics In the territorial university
at Norman. He has devoted years Ct
investigation and thought to the question
of school lands and their disposition, and
his purpose is TO arouse the people OF
Oklahoma, If possible, against the fritter-
ing away of the public lands as was the
case in Kansas and Nebraska. His letter
is as follows:
To the Governor. Secretary and Superin-
tendent of Public instruction Of Okla
homa, las constituting the Board for
Leasing the Territorial School Lands:
Gentiemen-My purpose in the follow
| ing remarks Is much less to call the at
| tention of your honorable selves to GER
! tain facts and conditions relative TO the
| territorial schol lands than to AWAKEN
| the territory itself and to give warning
| of some abuses which II let thrive must
grow to such proportions as hardly TO De
| abolished. Were my purpose other than
this a letter through the ordinary chan-
nels had served as well.
The history of other states show that
speculation in their public lands has been
the cause of untold loss. Nebraska, for
Illustration. failed, in her law OF lSII' TO
limit the number Of acres OF school
land that might be bought or leased by
one person, and as the land appreciated
in the early SOS speculation on an enor-
nous scale began. A money-lender In
Lincoln testified in 1885 before legislat-
i've investigating committee that he and
a partner had leased about eO,OOO acres
at a rate of 6lA per cent on a valuation
of g. 40 per acre and that his part of the
profits was between $4,000 and $4,000.
The partner testified much to the same
effect, but that his profits had been very
small He had bought the first man out
yet still had on hand from 10000 to $1,000
acres. A third had leased 1000 acres,
admitted that It was profitable, but re-
fused to tell what he had made. Another
leased $1,000 acres, another $1,000. Still
worse, in the leasing of these lands 1t
became customary for spectators to wait
until a month or Jess before a regular
leasing date and secure the lease by the
payment of rental for this short remain
ing period. Further payments were gen.
orally refused, and as the state could
not recover it's lands without suit in the
courts 1t sometimes happened that the
first small payment held the lands one
or two years. giving the speculator IN
land paper plenty of time to unload. In
the meanwhile the school fund suffered.
Commenting upon this state of affairs.
the commissioner of public lands said
Report 50, page 5): Educational lands
fok aaF
est and rental are delinquent for more
than a year amount in the aggregate to
$92 9S4. This, In view of the pros
porous seasons Of 1Ss1-2, can, in my opin-
ion, be accounted for in only one way:
Every act amendatory and supplement-
ary to the school land laws passed since
the organization Of this department has
been so framed that purchasers and les
sees have acquired all privileges desired
by them and the interests Of the state
have been ignored. The state has been
legislated into court to contend for the
title to its own lands against the many
irresponsible purchasers and lessees who
have acquired interest in them largely
for speculation. failing In which the pay
ments due the state are refused. In my
opinion, the present law on the forfeit
ure of contracts should be so amended
that, after contractors have continued in
default OF payments for a reasonable |
time, notice Of their delinquency may be |
served on them. and upon their failure |
(after reasonable notice. to make pay |
ments due the state. the board should |
cancel such contracts and put the lands |
into the market. the came as though such |
contracts had never been made. and |
thereby save the trouble and expense Of |
a delayed suit at law" The essentials |
of these suggestions were embodied in |
law in 1883 with most satisfactory re- |
suits. This is one point our future legis- |
lators will do we'll to bear In mind.
Again. in Kansas: Here the lands were |
sold ruinously and neverd leased. 4 par
tial estimate of the oss may be made |
from the knowledge that. to 1895. patents /
acres OF common school land at 1886 per
acre. with perhaps half a million more
under contract of sale and partly pad |
for ut a price that will doubtless aver
age no higher than this. Nebraska, re-
member. sold no lands for less than 81
per acre and the average is more than s.,
as remember. Kansas minimum was
g. In both these states instances have
come TO my notice where the lands were
bought from the state at or near The
minimum price, the first annual INSTALL
ment. one-tenth, paid down. and before
the second or third payment became due
the land was transferred to some second |
purchaser who would assume the re-
payments and pay besides a
bonus Of S to SIS per acre 70 the OF &
Inal purchaser.
From the Icoort of Attorney General |
Bradford IN iSSs %. - evids7 . Is d-s WI |
- further sneculatsons In Kansas lanis |
on much larger scale. II appears tha. |
syndicatcs lad been formed - buy uo |
school lands in certain unorga niaei coun.
ties at ths n'mum price OF 81 PEI acre.
These lands were appraised at this ngaIe. /
advertised ana some III .usands of acres
sold. The attorney general. being In
formed. enjoiTed or had set aside the ssle
ii 1880 acres In Ellis. Pratt AMI FIR
re- Counties tes'des others not spec.co-
llly 'nu:ltistte- The ETtis co1n.v jndt.
pc ocrcS. he reports as 7a-.ng her
'oA ST. etusrtly TO actual s1t.lcrs at IN
advance OF $s2,eoo. nearly g per acre.
The practice" he says, has been BY
'peculators to hire four young men
with q wagon. team Of horses
Ind our little houses so arranged that
hey could be put tgether by bolts IN \
Tery short time. They would move to the
SITTER OF a section OF school land ana
'enain there for day or two. until the |
'Asiiy beguiied appraisers appeared, |
when the land would be appraised as
laving been settled upon and improve |
nents made 20 the extent Of s.. The