Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1913-02-28
EVERYBODY HAPPY
Over the New Island Law. Both Sides
Claim Il As A Victory.

Over the New Island Law. Both Sides
Claim Il As A Victory.
The new island law, which passed
both the house and the senate last
week seems to be the most agree
able piece of legislation ever accom-
plished by a bunch of law makers
anywhere. 1t has been a question
which has aroused a great deal of in
terest in this county during the past
few months from the fac that over
80 filings on island and accreted land
have been made in this county alone,
and the fight in the legislature has
been a rather bitter one over the new
legislation. However. both the ID
parian owners and the settlers are
claiming a victory through the pas
sage of the bill, so it looks like ev-
erybody ought to be satisfied, but
the chances are that the courts will
be right busy for some time to come
Strengthening up the matter. Below
are two different opinions on the
subject. You can take whichever
one agrees with you best.
One Side Of the Case.
Thirty or more Arkansas river is
land squatters wha have filed on Ian
along the river in Reno county will
have to vacate and get out.
And several hundred squatters who
have made similar filings along the
Arkansas river in Rice, Barton, Ford,
and other counties are up against the
same thing.
The river island bill, which finally
passed the legislature yesterday,
makes null and void the filings ON
this land along the river.
The new act is complete victory
for the Riparian Owners Association
organized in Hutchinson several
weeks ago, and as complete a defeat
for the River Settlers Association
which was formed at a convention at
Great Bend last Saturday.
Judge C. NJ. Williams, counsel for
the riparian owners, received word
from Topeka this morning that the
bill, which already had passed the
house, was carried in the senate by
vote of 2S to l.
The filings along the river have
been made on the theory that the
land filed on is really island land, or
has been at some time, and there
fore is state school land and subject
to entry as such.
The new act defines what an is.
land is, and specifies that to be an
island in this sense it must be en-
tirely surrounded by the current of
the stream at low water mark. If it
has not been so surrounded at any
time within twenty years it is to be
regarded as part of the main land
and not subject to entry as school
land.
This practically eliminates the &C.
creted land proposition along the
river" said Judge Williams. Hutch
inson News, Feb. q.
What Lawyer Smith Thinks
According to F. Dumont Smith,
attorney for many of the island set
tiers, the squatters have won a vic
tory in the legislature by the pas
sage of the island bill.
The bill as prepared by the ripar-
ian owners and passed by the house,
required the settlers to file a COM
Iplete survey and plat Of their lands
within twenty days after the passage
of the act, declares Mr.. Smith. This
would have been an impossibility he
says, as there are more than eighty
tracts in Barton county alone, each
of which would require two to three
days to survey. The settlers fought
this proposition and the senate fol-
lowed the Recommendation Of its ju-
dietary committee and extended this
time to four months which will give
ample time for the settlers to have
their lands surveyed.
Lost One Amendment.
The settlers asked one other amend
ment which failed; it was that the
state should pay the cost of the sur
vey if the land should be determined
to be school land. This failed. But
the settlers have not lost hope ON
that. They have twenty years to pay
out and they figure that some other
legislature, recognizing the great ben
eft to the school fund will eventual
ly give them credit for this expense
on the cost Of their land.
But the bill as it stands gives them
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