The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-04-29

said bottom lands were originally a part
Of the public domain OF the United
States. and by the act admitting the ste;e
of Kansas into the union the stat, he
came entitled for school purposes 20 sec
lions Is and SO OF each government town
ship some of which sections are situated
within the said valley. and a number of
which adjoin the bed of said stream.
Under the act of congress Of March 3.
| 1853. entitled AN act for a grant of lanes
to the state of Kansas in alternate sec
tons to aid in the construction Of GER
tain railroads and telegraohs N said
state" there was granted to the ctate
practically all Of the odd-numbersd sec
tons of land in said valley lying nor tn
OF line four miles south of the ncl III
line of township 20 in said STATE. said
line is about four miles north Of the tity
OF Wichita, and extends to the west line
OF said state; and the grant included all
the territory Of the Arkansas valley west
Of Wichita, being four-ffths Of said val
ley. All the requirements and provisions
| Of said act Of congress were complied with
prior to the year 1874 by the state of
Kansas and by the Atchison, Topeka and
of said lands as were located east of the
west line of Ford county in said state
as now located. Prior to said year 1874
the fee simple title to said lands and all
rights thereunto aDpertafning had been
certified and conveyed by the United
States to the state of Kansas, and by it
to the said railroad company
| Between the years 1873 and 1888 the re-
naming sections of said lands. to-wit,
those lying west of said west line of Ford
county Were SO certified, transferred and
| conveyed to said state and by it conveyed.
The amount of the lands so conveyed.
which were situate in said valley and
were part of the bottom lands thereof
was not less than 10000 acres. a large
portion Of which abut upon and extend
TO the bed of said river. The other lands
| in said valley. being the even-numbered
sections, were and have been at all times
subjct to entry as a part of the Public
domain of the United States and subject
to be taken and have been taken and oc-
cupied by settlers thereon, under the land
laws of the United States
! Prior TO the admission of the state of
Kansas into the union, in 1861, many per-
sons were settlers and residents of said
valley. occupying and holding lands there
in, more particularly along the line of
the Santa Fe trail. which followed the
river from point near the present site
of Hutchinson to the west line of the
state. During the years 1862 1870 and 1871
the entire Arkansas valley, from the
south line of the state of Kansas to the
city of Great Bend, was taken and cccu-
pied by actual settlers. who subsequently
acquired title to their lands I'm Ter tie
laws of the United States of Am erica
and by purchase from the state and the
said railroad company The ether iands
situated in said valley, from Great Etpd
westward to the west line of the state f
Kansas, were taken un during the time
between the years 1872 and 1884. aid Fave
been occupied ever since by actual set
tiers and by purchasers from the stale
and from the said railroad company All
of the lands of said valley have been
thus occupied, held and owned by said
original settlers and their grantees ever
since the above dates of settlement end
these settlers and their successors in in
tereSt have continually held and owned.
and do now hold and own, all of the ri
parian and other rights of every KIND and
nature in any way appertainng or telGng-
ing to said lands.
o. Your orator further says: By an act
of the congress of the United States of
March 2, 1889, it was enacted that the
secretary of the Interior be authorized
to sell and convey TO the .tate of Kan
sas lots numbered 3, 3, s and :, If section
g. township q south. Of range II west,
situated in Ford county, Kansas. on con-
dition that the state should within twelve
months thereafter pay or cause to be 7 aid
the sum of a.25 cents per acre for said
land, and should within three years es-
tablsh and provide for the mainc endnce
thereon OF a home for the care ai,d man
tenance of officers, soldiers. sailors ard
marines who have served in the army
and navy and their dependent parents,
widows or orphans Thereafter and on
the 18th day of June, 1889, he stace of
Kansas made payment to the United
States of $l.25 per acre for said ,Iats,
and on said date they were by the sec
rotary of the Interior, in pursuance Of
said act of congress, transferred 10 The
state of Kansas. and it mas ever since
used said lands for the maintenance Of
a soldiers home thereon, in accordance
with the provision of the aforesaid act
Of congress. The land so used consist cf
l26 55-ioo acres OF the bottom lands of
the Arkansas valley. adjoining, ard abut-
ting upon the bed Of said river. said and
is fertile and OF a character wen adaplfd
to the raising Of grain, fruits ana tege-
tables when supplied with moisture Tie |
ma inf in toa
and insufficient for the maturing of crops
fruits and vegetables. and the value Of
said lands for farming purposes 6eI ends
entirely upon the flow ofs water "a tie
bed Of the river and upon the und flow |
beneath the land. The state u Kansas |
is now and has. during its entire owner |
ship of said tract, used a large portion |
of the same for the raising a. grains. |
fruits, vegetables and grasses thefetq for |
the needs OF its said institution fnd as |
the owner of said land. the state of kan |
sas is now and has been since lSss en- |
Titled 10 the fun. free and natural fiow OF |
al lwaters which naturally would flow in 1
said river and beneath said land: and the |
rights Of the state thereto are prior and |
superior to any right or claim Of the |
stale OF Colorado accruing. acquired OF /
esta blished subsequent to said date
{. Your orator further says: The state
Of Kansas IS the owner az the Zee simple 1
title 20 the northeast quarter ~. the 1
east half of the northwest puarter -. /
the southwest quarter( - and the a3uth- /
east quarter "a Of section nineteen Qsj l
and the south haff o. tie southeast guar
ter O. Of section eighteen rs. ali in /
ownship tweaty-three ts3l south .aase
FIVE 05l west Of the sixth principal meri-