Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1906-03-10

lOTtudblOii VI iittie local cOdllblOuS
and agreements. the school land has
been brought upon the market, APP
praised and sold for Sl.25 an acre,
when farms Immediately adjoining
are worth from S5 to $40 per acre.
Such 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 constitu-
tional provision. Article 6, section 3,
of the constitution of the state says:
1.-The school lands shall not be sold,
unless such sale shall be authorized
by vote of the people at general
election
This was adopted in 1859. In the
year 1864, the legislature decided to
place the school land on the market.
To do so it was necessary to secure
the consent of the people of the state.
So section 21 of the act made this pro-
vision:
'sAt the next general election to be
held in the state on the Tuesday after
the first Monday in November. A. D.,
1864, vote of the people shalk be TAX
en- for and against the sale of the
school lands, as provided for in this
act.''
The last sentence is the important
,eature-''as provided for in this act"
Section ?, after explaining the meth
cd of appraising the school land to be
sold, and the duty of the appraisers,
| says:
provided that no appraisement of
land for less than So per acre shall be
of any validity or entitle any person
to the provisions of this act.''
1t seems, therefore, that when the
people voted to sell the school lands,
which they did in November, 1864, by
about to /, they also voted that they
be sold ''as provided for in the act,"
and the act provides that the price
shall not be less than So per acre.
| But along 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 a bill passed hitching some amend
ments to the old public school land
bill. This bill, among other things,
wiped out the $3 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 state have never voted in ap-
proval of sales MADE on this basis.
The people voted that the sales
should be for not less than SO per acre.
And it is therefore claimed that no
subsequent act of the legislature can
invalidate or nullify that old provi
sion. There is one provision in the
law of 1864 which may be construed
to authorize the change; it is set
forth that the act may be amended
by subsequent legislatures. But it is
doubtful whether such provision
would be valid, as it would to GER
tain extent, at least, nullify the con-
stitutional provision under which the
lands must be sold. The people au-
thoriZed the sale on the S3 basis;
they have never authorized sale for
less than that amount.
Hundreds of tracts have been sold
since 1899 at a less rate than 50 per
acre. In many of these deals there
has been coilusion and fraud, no
doubt, SO that the purchasers would
have no ground for complaint. But
in many cases, the appraisers have
fixed the price at less than So, not
knowing the law in the matter. 1t
might work some hardship in such
! cases.
1t is likely that a test case will be
| brought by some of the attorneys in
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
at less than S3. If they can secure a
decision in the supreme court favor
able to their contention. 1t means
the cancellation of hundreds of land
patents which have been issued by
the state of Kansas.-Topeka jour
nal.
For Sale-Jones header in good con-
dition. w. Fl. Swiggett.
Have w. H. Swiggett make your
legal papers. He makes them cor
rectly.
Lands bought and sold by r. L.
Bolts Land Agency, Wa-Keeney.
IKans.
FOR SALE = Good corn fodder