The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-04-27
over TITLE TO AN ISLAND
A Case Involving Valuable Real
Estate at Kansas City.
The Commissioner of the Land Of
flee Called Upon to Determine the
Ownership of Ground " orth Mil
IiGnS-CIaiTns of the NensinGS-

flee Called Upon to Determine the
Ownership of Ground worth Mil
Iions-CInims of the Nensings-
An island stranger than the one Of
which Jules Verne wrote. IS the subject of
dispute between lawyers in the State of
Missouri The controversy involves a
I tract Of land that was IN the middle OF
the Missouri River and that now adJoinS
Kansas City, and upon the Land Office Of
the Interior Department has dcvolved the
solution Of the problem of ownership The
question was argued a day or so ago be
! fore Binger Hermann. the Commissioner
| of the Land Office The case might be
/ CALLED that of the Vanishing Island, be
cause the question is:
Was there or IS there, an island2'
1t is certain that there exists today a
tract of land at the point named in the
controversy, but maps made by the Unit
ed States surveyors half century ago
do not show it.
The muddle rises out of the unfortunate
and Maynard tendencies of the Missouri
River The Missouri is not noted for re-
naming in the straight and narrow path
/ any more than it can possibly help On
/ the contrary, it seems to take a delight
! in going out Of its way just in order to
! make trouble for landowners and work,
as well as to provide fees. for the lawyers.
! The Missouri River. in this instance, took
a notion to commit a freak of fancy just
| in front of the great Kansas and Missouri
| metropolis, Kansas City. Hundreds of
thousands of dollars are involved, and the
points in dispute are such that a decision
upon them is likely TO affect the title to
millions of dollars worth Of improved
property. Concerned IN the suit directly
are many big railroad corporations, a
bride corporation. the Government of the
United States, the city of Kansas City.
and the State of Missouri. Many other
corporations are coflateraIIy interested in
the decision Against all these stand J.
H Mensing and his heirs. who are fight
ing for a title to the land
The land under dispute is, OF rather
was, an island in the middle of the Mis-
souri, River. just = little north of Kansas
City The Missouri River many years ago
ran between the island and the city, but
/ later it became lazy, and discovering d
quicker and easier path, took il. It was
helped in this selection by an accumula-
ton of drift and alIuviaI deposit, on the
mainland side of the island, which finally
choked up the river channel Ia conse-
! Quence the land. formerly an island, is
now a part of the mainland The part
which was between the island and the
mainland, deserted by the river. comes
naturally in dispute and the people who
have built warehouses and other buildings
upon it are trembling for fear Commits
sioner Hermann should render decision
which would inyalidate their title. part OF
which they claim from the State
The facts IN the peculiar case are in a
way simple, and yet complicated The
case involves many interesting points of
law which are merely incident 10 the main
contentious. In 49, the United States.
through its Surveyor General, had sur
Feyed a small island In the Missouri Riv-
er- Opposite TO it we're number ~ small
/ houses, the nucleus of what was destined
to be Kansas City. = short time after
the SURVEY the Government erected upGa
a portion of the island some fine barracks
IL 1S5S J. H McnSinG landed upon the isl
and and made himself comfortable on the
portion net used by the Interior Depart
meat. He began to homestead the land
IN All the land does not amount 10 much
! over 100 acres. and his homestead settle
. Inent was Tar below the l6D acres to which
he would be entitled under Law
In 4 few years the Government did
away with the barracks, and under the
rule. the land Of the barracks should have
reverted TO the Interior Department. as
public land Bot the Government or
ered that the reservation should be APP
praised and SOLD. The land was ap-
praised. some Of the lots being valued at
about SI.gpg A day for the sale was or
deTcd- bat no oDz appeared to bid the
land in. J. n Mensing protested against
the sale of the property He held that ia
1858 he had gone on the land 10 home
stead 1t. He claimed not only the land
which he owned prior to the removal Of
the reservation bat the reservation land
also. The main point. comes in the con-
tefitlon Of the opponents TO the Meusiug
heirs They hold that according To Il
map of the Missouri River. near Kan
sas City, made IN 1871 no island such as
that under discussion appears. They
show islands above il and Islands below
il. but no island at that point. This Is
material because they base upon If their
claim that the island never could be pub
lIc land, and must have always belonged
70 the State. Ihey assert that il has been
crea ted since that first survey
The river bed Of d stream always be
longs TO the State through which the rfy--
ct passes Islands in navigabIe Strearm
under ordinary circumstances. belong to
the United States and are pubic land.
IT, therefore. the islands we're public
lands AenSIng had 4 right to homestead
them. particularly as they had been STU
Tcyed. If however. the islands did not
belong to the public land domain. but to
the State. then those who claimed their
title from State grants OF otherwise
claimed.
The opponc-ts Of densfng hold that the
land was foG4 d upon the bottom Of the
river. and consequently belongs TO the
State; especially as it has been formed
since the state was admitted INTO the
Union, 1920. The contention of MeuSinE
Is that the first map may be faulty and
that though no island Is shown, il proba-
bly, existed He further claims that the
survey Of the United States was an invi-
tatiOn to settlers to homestead the land
and that the surveying practically made
the island public land The State author
tiles insist that the United States Is tres
passing upon the island. and decline TO
give any proof Of ownership. saving that
the burden Of proof lies with the tinted
States
The Land Commissioner has already
rendered one decision in favor Of 40
Mensing heirs, allowing them. however
only that part of the land. which Men
sing hOmesteaded before the removal Of
the military post He now comes with a
request for a revision of the decision
granting him the whole island
AR Hermann has the matter under ad-
visement and it is expected. VIII pass
upon the question in a week OF ten days
THE DAKOTA APPOINTMENTS.
Two Places FILLED by the Presidents
Nominations Today.
The following nominations made 10y the
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