The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1899-06-09

Sons OF the llain Points Explained By
the Attorney General

TIE SCHOOL. LAND LAW.
some OF the 1lain Points Explained By
the Attorney General
In answer to qnery BY County At
tOrney Hoyt Andrews for explanation 1
Of the school land law, Attorney Gen
eraI GODDARD has rendered the follow /
ing opinion:
Where a party was residing on
piece Of school land at the time Of the /
going into effect Of the act Of 1895, in 1
regard to the withdrawal Of unoccU- /
pied school land west Of the 9Sth meri- I
dian, the rights of such party to the
land occupied by him was IN no wise
affected BY such act am Of the op-
inion, also, that such party would not
now have to file an affidavit of settle
ment under the act of 1899. do not
believe il was the intention that the
portion Of the act Of 1899, in regard to
the affidavit Of settlement, should az
feet any party who had settled upon
school land prior to the going into
effect Of such act on the 18th Of this
month. The rights Of the party set
Ting on school land prior to the going
into effect OF the new law are governed
by the provisions Of the new law in so
far as the same repeats the old law.
The only material change that notice
in the new law which affects parties
who had previously settled upon school
lands is that which requires shat any
person who has resided on school land
/ for 2 period of one year, and who has
neglected or refused to purchase the
same within said time as hereinafter
provided, shall forfeit all rights, title
and interest to the same" I have al
ready held that this provision of the
new law simply requires that a settler
upon school land shall procure the
certificate Of purchase of such land
/ within one year after the time the
same shall have been appraised, or
forfeit all right to the land and his i'm
provements thereon. The new law
does not repeal the section Of the old
law in regard to the appraisement Of
school lands. Where a party, since the
going into effect of the new law, has
fled his affidavit Of settlement 1 am
satisfied that be has a right, any time
before the meeting Of the board Of
commissioners in their July session, if
! he so desires, to surrender his certifi-
cate Of settlement issued to him by the
county clerk, and bid for a lease upon
such premises at such meeting of the
board of county commissioners could
lease such premises to him, provided
he was the highest responsible bidder.
Where a party has surrendered his
certificate of settlement and aban-
doned the premises be undoubtedly
would have the right, after that time,
to settle upon another piece of school
land, and to purchase the same in ac-
cOrdance with the provisions Of law.
Simply fling an affidavit of settlement
upon school land is not a purchasing
Of such land within the meaning Of the
provisions Of the school land law.
In regard to a lease on school land,
in my judgment, the best course TO
pursue would be to collect the rent for
such lands at the time Of the making
of the lease at the coming July session
Of your county board for the balance
Of this year, and then these payments
would become due on the first Monday
in January Of each year thereafter
during the life Of the lease. It would
be better to make these leases run
three and One-half or four and One-half
years, so that they would all mature
on the 31st day of December, 1902, OF
1903, then if the land was again leased
the new leases would commence with
the month Of January. I do not con-
slider it TO be the duty Of the county
clerk to make out list of school land
mot located for settlement OF leased to
deliver to the sheriff, this year, IS the
first of May has passed, and no leases
have been made under the new law,
and undoubtedly very few locations
for settlement. Notwithstanding this
I believe it to be the duty Of your sher-
iii, at any time after the July session
of your board, when he ascertains that
parties are using school land without
any right to the same, to collect rent
from such parties in the manner pro-
vided in the act if possible.
TIE REPUBLIC one year one dollar.