Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1899-06-29
Ia Regard to School Land.

OF opinions among the people OF this
county interested in acquiring title to
school lands, as to the legal effect
OF some of the provisions of Chapter
24I Of the Session Laws Of 1899, and
in consequence thereof considerable
anxiety and alarm exists, l deem it a
duty to such persons to publish cor
respondence had between the Honor
able Attorney General and myself in
relation thereto. The following is a
copy Of letter addressed to the At
torney General:
Philllpsburg, Kan, May s, 1899.
Hon, A. A. Goddard, Atty Gen'l,
Dear Sir;-Settlers upon school
lands are considerably alarmed over
that part of House Bill, No. 663,
known as the School Land Bill, in
which it is provided that "any per.
son who has resided on school land
for a period of one year, and who has
neglected or refused to purchase same
within said time, as herein provided,
shall forfeit all title and interest in
the same" Now many here are told
! that all persons who have resided up.
on school lands for one year and have
failed to purchase the same, have for
feited their right and title thereto,
and many of these people believe 80,
and are thus alarmed, have told
all to stay right by their land, and il
the same is brought into market for
sale, to comply with the provisions of
the new law If they can; that until
it is so brought into market, they have
no reason to fear. Some of these
men have valuable improvements on
the land, and 1t is their home in good
faith, and IN many instances the i'm
provements amount to the value Of
thousands of dollars. The county
superintendent has requested me to
writeto you and get your opinion on
this phase Of the law, as he is receiv-
ing inquiries every day from inter.
ested parties asking about their rights,
andI d. woul1 like your viewl,rp pea
the matter. Will you kindly answer
and obIige, Yours truly,
W. II. PRATT, Go. Atty.
In answer to this letter the Attorney
General replied as follows:
Topeka, Kans., May 8, 1899,
Hon, W. Il, Pratt, County Attorney:
Dear Sir:--Yours of the 9th inst.
duly received, and in reply thereto 1
desire to say, that under paragraph
5769 of the General Statute of 1889,
it was provided that ANY person who
has settled upon any portion of school
land, and has actually resided thereon
continuously for a period of six
months, and has made it his only
home for said period, and has i'm.
proved said land to the amount of
one hundred dollars, including a per.
manent dwelling, prior to the sp,
praisement may within sixty DAYS
after its appraisement, file in the pro.
bate court of his county a verified |
petition stating that be has settled |
upon said land, and resided thereon
continuously for period Of not less
than six months Immediately prior to
SAID appraisement; that SAID land has
been appraised and the amount there.
Of. Provided further, that school land
which has settler actually residing
upon and improving said land in &C.
cordance with this act, shall not be
brought into market until Six months
after 1.-The commencement of such
settlement and improvement" This
was amended by the legls-
lsture at its recent session, but the
portion Of the paragraph above quo
led remains identically the same in
she amended paragraph. Under par
agrsph 5767 of the General Statutes
IF 1889 it IS provided that "Whene YER
twenty householders of any organized
township in which the land IS situated
shall petition the superintendent of
public schools Of such county to ex-
pose to sale any portion or portions
If school lands, describing the same,
le shall, with the consent of the
county commissioners of his county,
appoint in writing three disinterested
louseholders, residing in the county
u which said land is situated, who.
,eIng first duly sworn by an officer
to administer oaths, to
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