Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1912-09-06
Aaour sleArs, WHEN FILING.

SO many people hav{ been mlsled re-
earding filing on sthool land that I
desire TO make the following stah.
ments. The county clerks office haat
been real iand office the past few
weeks on account Of the decision q
the supreme court. Of the state RIA,
tive to the settlement Of island N.
naVisable streams being school land.
There has been fifty or more settle.
ments made along the bed and tAs
adjacent lands Of the Arkansas tysr
In Barton county the past few daeA
Doth by persons wanting homes ana
also bv the adjacent land owners. IN
many cases the farmers. have been
compelled to settle on his own land
IN order to keep off intruders. Ina
great many cases the land Is decided
and in such cases have refused to
accept filings, under threat Of man.
damus. There are persons In the vi.
eintV who have been informing the
settler that they had authority to I
make filings for them, taking a fee of
$50 and charging $500 per. acre In
ADDITION, the five dollars to be paid.
ss soon as they had proved upon the
same. There has also been local
agents who have been settling men
on land and charging them for the
same. In a great many cases the men
are total strangers. The county CLERK
Is compelled according to law to &C.
cept filings. Il the person states that
he has tract Of school land to ffie
on, and makes such oath In writing.
However, in eversal cases / have
refused to accept filings from the
TACT that the records have shown tha
the same was decided and was accre-
ton land. have held all along that
only islands are subject to settlement
but Fred Dumont Smith of Hutchdn-
son, Kansas, the attorney for the set.
tiers, has held that they could settle
anywhere in the bed Of the stream,
or along the bank Of the river callinx
1t island land.
In some instances parties have filed
on the same tract Of land, setting up
the fact in my office that they both
had made settlement on the same. =
realize fully that the duties a
the county clerk, relative to school
land is only clerical, and alsoaI real.
ize that there is no fee attached To
the same. But so far as the fee h
concerned, l have not cared, but I
have tried to inform each panty, con-
cerndng the law, and what knew
about the description Of the, land
and how much was taxed and a great
many other questions bearing upon
the school lands. For the benefit Of
the public and parties Interested I
desire to have the following letter
published.
C. F. YoUNKIN, County Clerk.
August 20. 1912.
Jennie B. Momyer, County Supt.
Dear Madam: a,
Referring to the matter Of appoint
ment OF appraisers for the sale OF Is
lands in the navigable streams,
wherein the title to said islands -
vested IN the state, permit me to sug.
gest that you should not appoint sp-
praisers upon any petition unless sal
isfied that the lands covered therein
are such as are authorized to be dis
posed CS by Chapter S7S, Laws Of
1907, which is as follows:
Section l. That all islands ly-
ing in the navigable streams Of
this state wherein the title to
said islands Is vested in the
state Of Kansas, may be sold ac-
cording to the procedure for the
sale Of state school land, and the
proceeds of such sale shall be- @
come part Of the permanent s
school fund.
Section. 2. That this act shall
take effect and be in force from
and after its publication in the
statute book. March Z, 1907. Q
You will please note that only 10
lands are subject to settlement and
sale under this authority, and the aS
pointment Of appraisers to apprslse
lands not authorized to be disposed
OF would only be to entail expense 10
the would-be purchaser and to the
state without benefit to either.
In case d doubt as to the lands Pc
titioned being such as. are subject
to sale ON school land, would sug- q
gest that you refuse to appoint ap-
rraises and act only by direction Of
the court. .o
Very truly yours.
W. E. DAVIS,