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§ 3. Force of act; school lands; university lands; public buildings; conditions; taxation. That nothing in this act shall be construed as an assent by congress to all or any of the propositions or claims contained in the ordinance of said constitution of the people of Kansas, or in the resolutions thereto attached; but the following propositions are hereby offered to the said people of Kansas for their free acceptance or rejection, which, if accepted, shall be obligatory on the United States and upon the said state of Kansas, to wit:
     First. That sections numbered sixteen and thirty-six, in every township of public lands in said state, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to said state for the use of schools.
     Second. That seventy-two sections of land shall be set apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the approval of the commissioner of the general land office, and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid, but for no other purpose.
     Third. That ten entire sections of land, to be selected by the governor of said state, in legal subdivisions, shall be granted to the said state for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof.
     Fourth. That all salt springs within said state, not exceeding twelve in number, with six sections of land adjoining or as contiguous as may be to each, shall be granted to said state for its use, the same to be selected by the governor thereof within one year after the admission of said state, and when so selected to be used or disposed of on such terms, conditions and regulations as the legislature shall direct: Provided, That no salt spring or land, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this article, be granted to said state.
     Fifth. That five percentum of all sales of all public lands lying within said state, which shall be sold by congress after the admission of said state into the union, after deducting all the expenses incident to the same, shall be paid to said state for the purpose of making public roads and internal improvements, or for other purposes, as the legislature shall direct: Provided, That the foregoing propositions hereinbefore offered are on the condition that the people of Kansas shall provide by an ordinance, irrevocable without the consent of the United States, that said state shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations congress may find necessary for securing the title in said soil to bona fide purchasers thereof.
     Sixth. And that the said state shall never tax the lands or the property of the United States in said state: Provided, however, That in case any of the lands herein granted to the state of Kansas have heretofore been confirmed to the territory of Kansas for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act.

History: 12 Stat. 127; ch. 20, § 2; Jan. 29, 1861.

CASE ANNOTATIONS

1. Taxation of Native American lands; recognition of Native American treaties considered. Blue-Jacket v. The Commissioners of Johnson County, 3 Kan. 299. Reversed: In re Kansas Indians, 72 U.S. 737, 18 L. Ed. 667.

2. Kansas accepted admission on condition that Native American rights remain unimpaired. Parker v. Winsor, 5 Kan. 362, 367.

3. Taxation of lands granted to railroad company considered. Kansas Pacific Rly. Co. v. Culp, 9 Kan. 38, 47. Reversed: Railway Co. v. Prescott, 83 U.S. 603, 21 L. Ed. 373.

4. Grants of land for railroad construction considered. Kansas Pac. Rly. Co. v. Missouri, K.P. Rly. Co ., 15 Kan. 15, 21. Affirmed: M.K. & T. Rly. Co. v. Kan. Pac. Rly. Co., 97 U.S. 491, 24 L. Ed. 1095.

5. Claims of railroad companies under land grants considered; Osage ceded lands. L.L. & G. Rld. Co. v. Coffin, 16 Kan. 510.

6. Provison setting aside lands for state university construed. The State v. Lawrence, 79 Kan. 234, 269, 100 P. 485.

7. Section considered in determining right of state to build roads. The State, ex rel., v. Knapp, 99 Kan. 852, 854, 163 P. 181.

8. Right of state to tax Native American lands considered; recognizing tribal organization. In re Kansas Indians, 72 U.S. 737, 18 L. Ed. 667.

9. Taxation of lands granted to railroad company; issuance of patents. Railway Co. v. Prescott, 83 U.S. 603, 21 L. Ed. 373.

10. Cited in holding Laws 1939, chapter 92 (10-417, 10-421), relating to refunding bonds, unconstitutional. State, ex rel., v. School Fund Commission, 152 Kan. 427, 432, 103 P.2d 801.

11. Right to tax lands owned by federal reconstruction finance corporation discussed. Boeing Airplane Co. v. Board of County Comm'rs, 164 Kan. 149, 155, 156, 188 P.2d 429.