The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-03-26
SCHOOL LAND
BOARD HAVE
ALL RIGHTS
In Disposing of Property
Under Its Jurisdiction.
RYAN MAKES A RULING
On Application of Luther for
More Land for Townsite.

Guthrie, o. T., March 25.-The question
of the authority Of the board for leasing
public lands Of Oklahoma to cities and
towns for townsite purposes has been
one that has caused lot of trouble in
the past, the attorney general holding
that the board had no such power and
being partially supported in this Folding
by the commissioner Of the general land
cfcice. The matter finally reached the
seer Ietary of the interior, upon an aprlica-
ten Of ]. J. Houston secretary of the
board, acting upon the advice Of the
Loard, and that Official has made answer
that it is discretionary with the board
how the land is leased, TO whom, and
for what purposes; and that his depart
ment had no supervisory Jurisdiction in
the premises.
In reply to a question as to what ac-
ton was contemplated by the board under
the ruling of the secretary Of the interior
Secretary Houston said that where it
was for the benefit Of the territory. and
it could be shown that It was entirely
II order to let towns and cities expand
IN natural manner, and further, that no
other lands were contiguous and availa-
bic. he thought the board would consent
to leasing school lands TO towns and ci-
ties where the needs of such a course
were apparent The letter from the Office
OF the secretary OF the interior is as fol-
lows:
''Sirs: In a communication of February
u 1902 from 7
Of the board for leasing school lands in
the territory of Oklahoma, addressed to
this department, It was stated that the
town OF Luther, a railroad station in
Lincoln county. is plated on forty acres
OF ground now fully occupied for business
and residence purposes, and that no other
ground is available for the purposes of
the town except school land Immediate
~ adjoining it on the east: that the for
mer lessee of this land has allowed the
business men of the town TO erect about
twenty houses thereon: and thas the
lessee has since relinquished eighty acres
thereof to the territory It is further sta
ted that by having this land plated for
townsite purposes and renting the lots.
the board can obtain a much larger rent
al therefrOm than by compelling the oc-
cup2nts to vacate it and renting it for ag-
ricultural purposes. And that the citizens
OF the town Of Luther unanimously unite
in asking the board to allow a proper
amount of this land to be used for town
site purposes. In view of the premises.
it is requested that the secretary of the
interior give his assent TO the surveying.
plating and renting Of lands under the
control of said board for townsite pur-
poses.
This communication was referred to
your office, on February 27. 1862. for re-
port, and under date of March 10. 1902 /
your Office calls the attention OF the de- /
partment to section sc Of the act Of March /
3, 1891, co stat, $50. 104s) the regulations /
OF March 10, 1891. Hereunder. Cnot re- /
ported and the act Of May l. fso4. (2s /
stat, I'D and advises against allowing /
the request of said board
The said section 96 of the said act of /
March ,, 1891. provides:
" That the school lands reserved in the /
territory of Oklahoma, by this and former
acts of congress, may be leased for n
period not exceeding three years for the
benefit OF the school fund of said terri /
tory, by the governor thereof. under reg
ulations 10 be prescribed by the secretary
Of the interior.
The said regulations Of March 70. 1891.
provide, among other things. that the
governor Of the territory shall execute
the leases according to the legal subdi
visions Of sections, townships and ran
Ses, which shall be forwarded TO the
(of the INTERIOR for his ap-
rroval before being executed by TIE gov
ernor.'
The said act of May 4. 1ss4. provides
that al school lands in the territory
Shall be leased under such laws and
regulations as may be hereafter IRE
scribed by the legislature Of said terrific
ry; but until such legislative action the
governor. secretary Of the territory and
superintendent OF public instruction shall
a board for the leasing of said
lands under the rules and regulations
heretofore prescribed by the secretary of
the Interior. FOR the respective purposes
for which such reservations were made.
except that It shall not be necessary TO
submit said leases TO the secretary Of the
Interior for his approval
1t would seem that this last aamtd act
ieprives the land department Of any fur
.her Jurisdiction in the matter of the leas-
ing of these lands. Il IL is not necessary
to submit these leases when made for
The approval Of the secretary OF the in
terror. It is not APPARENT IN what way he
,an exercise a supervisory control over
-he matter. Whatever may have been
ne purpose Of the act OF May &, Is9s its