Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 2
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 edition. Excerpt: ...on this subject, there have been appropriatimzs to public use, made by withdrawing from the mass certain portions of territory for public seminaries, towns, salt springs and other objects." 12 W/wat., 590. I refer to this case to show a recognition of two plain principles. One, that a reservation is an appropriation of lands, and the other that seminaries. and schools are considered pub The State of Kansas v. Stringfellow. i lic uses. I will not, as I might, also rely on this as an authority to show the light in which the Supreme Court regards the form of making such " appropriations;" a mere withdrawal of land from the mass of public land being sufiicient, in the opinion of the Court, to create an appropriation of the land to public use. No form is necessary. In the case of the city of Cincinnati v. White's Lessee, the Supreme Court, on the question of the form and manner of making such dedications, says: " T/wre is no particular farm or ceremony necessary in dedicating land to public use. It only requires the assent of the owner of the land, and the fact that it was used for the public purpose intended by the appropriation." 6 Peters, 240. The act of the Kansas Legislature providing for the sale of these lands, was passed in the summer of 1855. A copy of this, with the other acts of the same session, was not only laid before Congress, but was reprinted by order of Congress in 1860. Not only was the act providing for the pre-emption of these lands thus under the immediate consideration of Congress, but the act providing for the establishment of a system of common schools, by which the proceeds arising from the sale of these lands was appropriated, was included in the same volume, and was also then...
- Paperback | 184 pages
- 189 x 246 x 10mm | 340g
- 13 Sep 2013
- Illustrations, black and white