The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-01
Validity of School Land Sales
Is Attacked.
Claimed State Had No Right to
Sell for Less Than So.
TO BRING A TEST CASE.
VIII Decide whether Old Trans
Rers VIII Stand.
People in Western Portion Of
the State Interested.


Titles tegthousands Of acres of school
land which have been sold by the utate
since 1899 for less than So per acre arr
jeopardized by a discovery which has
been made by some attorneys in the
western part of the state. and reported
to the Office of the state auditor.
It Is claimed by these attorneys that
the state has no right to sell its school
land for less than 50 per acre; that the
right to sell school land was given by
vote of the people of the state under
authority of an act Of the legislature in
1864, and that by the provisions of this
act, the appraisers are forbidden to fix
a less rate per acre than SO.
If this contention is held good, 1t win
be worth thousands Of dollars to the
state school fund, but may cause hard
ship to people who have bought west
ern Kansas school land, and paid there
for at less rate than So.
AS a matter of fact, the sale OF school
lands in recent years has been a good
deal Of q state scandal. BY the fOrma-
ton of little local coalitions and agree
ments, the school land has been brought
upon the market, appraised and sold for
S1.25 an acre, when farms Immediately
adjoining are worth from S5 to $50 per
acre. Su1h things are made possible
when farmers agree not to bid against
each other, and simply divide up the
school land at their own price.
The sale of the school lands is regu-
lated. fundamentally, by a constitution
al provision. Article s, section of the
constitution of the state says:
The school lands shall not be sold,
unless such sale shall be authorized by
g. vote of the people at general cleo
ton
1854. the legislature decided to place the
school land on the market. To do SO
il was necessary to secure the consent OF
the people Of the state. So section Il oI
the act make this provision;
AT the next general election TO pc
held In the state on the Tuesday after
the first Monday Of November, A. IL
1864. a vote of the people shall be taken
for and against the sale 81 the schooA
lands. as provided for in this act"
The last sentence IS the important
faat,lre-ssas provided for in this act
Section 2, after exRlalhing the fleth9el "a
of appraislng the school land 10 pc
sold, and the duty OF the appraisers
"Provided that no appraisement of
land for less than So per acre shall be
of any validity or entitls any person TO
the provisions of this act.
It seems, therefore, that when the
people voted to sell the school lands,
which they did in November 1864, by
about to 1, they also voted that they
be sold ''as provided for in the act,
and the act provides that the price
f
But alon- in 1899, when the grazing
interests in western Kansas began to
feel an itching to get possession OF
large tracts of land, they managed TO
get bill passed hitching some amend
ments to the old public school land
bill This bill, among other things
wiped out the SO per acre limitation
Now the question arises whether the
sales made for less than SO per acre
since 1899 are valid. The people of the
Z annrOUql OF
sales made on this basis. The people
voted that the sales should be for not
/ less than So per acre. And It IS there
/ fore claimed that no subsequent act OF
the legislature can invalidate or nulllfy
/ that old provision. There is one pro-
vision in the law of 1864 which may be
/ construed to authorize the change; it
i is set forth that the act may be amend
! ed by subsequent legislatures. But it is
doubtful whether such a provision
would be valid, as it would to a certain
+ extent at least, nullify the consutu-
tfonaI provision under which the lands
must be sold. The people authorized
the sale on the SO basis; they have
never authorized a sale Tor less tnar
/ that amount.
Hundreds of tracts have been sold
since 1899 at less rate than So pei
acre. In many of these deals there has
4 been collusiOn and fraud, no doubt, SC
lthat the purchasers would have nc
ground for complaint. But in many
1 cases. the appraisers have fixed the
price al. less than So, rot knowing the
1 law IN the matter. It might work
some hardship in such cases.
4 It is likely that a test case will be
/ brought by some of the attorneys in
4 the western part of the state to de-
/ termine the validity of the titles which
have been given subsequent to 1899
where the land has been bid off a less
than So. If they can secure a decision
+ in the supreme court favorable to theil
/ contention. it means the cancellation
+ of hundreds of land patents which
+ have been issued by the state of Kan
sas.