BAXTER SPRINGS NATIONAL
CEMETERY
Located one mile outside of the city limits of
Baxter Springs. The National Cemetery is about one acre at the center of the City of Baxter Springs Cemetery.
Title.-1. Deed from the city of Ba adjoining cemetery.
Recorded in book, Q, pages 99 and 100, of same records.
4. Deed from the city of Baxter Springs, acknowledged
June 11, 1887, conveying additional ground for cemetery. Recorded June 29, 1887, in book 17, page 44xter Springs,
dated April 10, 1869, conveying lot known as the "National Block." Recorded in book A. pages 217 and
218. Of the records of Cherokee County.
2. Deed from the city of Baxter Springs, dated
May 3, 1875, conveying lot and right of way. Recorded in book J, page 119, of same records.
3. Deed from the city of Baxter Springs, dated
November 21, 1877, and action of the city council ratifying same, dated February 8, 1878, conveying a strip9, of
same records.
Jurisdiction.-See "General act of cession."
FORT
LEAVENWORTH
This reservation is situated on the Missouri River,
in Leavenworth County, Kansas, and Platte County, Missouri. It contains a total area of 6,781.78 acres, exclusive
of the tract of about 505 acres set apart of a United States penitentiary by act of June 10, 1898(29 Stat., 380),
of which 4,060.27 acres belong to the post reservation proper and 1,782.14 acres, including the prison farm, comprising
111.69 acres, to the military prison reservation, both of which are situated on the west side of the river in Kansas,
the remainder, 939.37 acres, being a timber reserve on the east side, in Missouri.
Title-Included in the Louisiana purchase from France
in 1803, it became a part of the public domain. A Military post was established upon the present site May 8, 1827.
By Executive order dated October 10, 1854, the area of the reservation being ascertained by what is know as "Hunt's
Survey," it was reserved and set apart for military purposes. The timber reservation on the east side of the
river, in Missouri, was declared such for military purposes by Executive order dated June 21, 1838, and reduced
to its present size July 12, 1843. The reservation in Kansas was later increased by the following additions:
1. Deed from Lorenz Kern, dated July 28, 1902,
conveying 14.21 acres. Recorded in book D, page 34, of the transfer records of Leavenworth County.
2. Deed from John J. Steinbach and wife, dated
July 28, 1902, conveying 20.35 acres. Recorded in book 188 of conveyances, page 440, of same records.
3. Deed from Leo Hund and wife, dated July 28,
1902, conveying 20.09 acres. Recorded in book 188 of conveyances, page 442, of same records.
4. Deed from Mike Kern and wife, dated September
9, 1902, conveying 35.45 acres. Recorded in book 188 of conveyances, page 442, of same records.
5. Deed from Minni Schroeber, widow, dated October
16, 1909, conveying fifteen-twentieths of 43 1/3 acres, and deed from same, as guardian, dated and approved by
probate court October 13, 1909, conveying remaining five-twentieths of same premises. Recorded, respectively, in
book 221, page 28, and book 209, page 365, of same records.
6. Deed from Lorenz Kern et ux., dated October
23, 1909, conveying 22.98 acres. Recorded in book 215 of conveyances, page 638, of same records.
7. Deed from Enoch Dischak et ux., dated October
23, 1909, conveying 43 1/3 acres. Recorded in book 215 of conveyances, page 627, of same records.
8. Deed from Joseph A.Wacker et ux., dated October
23, 1909, conveying 56 acres. Recorded in book 215 of conveyances, page 634, of same records.
9. Deed from Mike Kern et ux., dated October 23,
1909, conveying 24.55 acres. Recorded in book 215 of conveyances, page 639, of same records.
10. Deed from Leo Hund et ux., dated October 23,
1909, conveying 99.91 acres. Recorded in book 215 of conveyances, page 639, of same records.
11. Deed from Stephen Curran et ux., dated October
23, 1909, conveying 27.43 acres. Recorded in book 215 of conveyances, page 635, of same records.
Easements.-By act approved July 20, 1868 (15 Stat.,
121), the Kansas & Missouri Bridge Co. was granted permission to build a railroad, transit, and wagon bridge
across the Missouri River upon or near the military reservation of Fort Leavenworth. A right of was not exceeding
300 feet in width was also granted to any railroads leading to said bridge from either side of the river.
By act approved July 27, 1868 (15 Stat., 238),
a right of way, not exceeding 100 feet in width, was granted to the Leavenworth & Des Moines Railway Co. to
construct and operate a railway across the reservation on the east side of the Missouri River.
By act approved July 27, 1869 (15 Stat., 238),
a right of way, not exceeding 100 feet in width, was granted the Leavenworth, Atchison & Northwestern Railway
Co. to construct and operate a railroad across the reservation.
By act approved July 27, 1868 (15 Stat., 238), a strip of land 100 feet in width along the southern boundary of
the reservation in the State of Kansas, extending from the Missouri River to the western boundary thereof, was
set apart for the perpetual and exclusive use of a public road.
By act approved June 23, 1884 (23 Stat., 50), the
Leavenworth Bridge Co. was granted authority to construct a bridge across the Missouri River at the city of Leavenworth.
By act approved July 3, 1886 (24 Stat., 122), a
right of way, not exceeding 100 feet in width, was granted to the Leavenworth, Northern & Southern Railway
Co. to construct a railroad across the reservation. Right of way designated by the Secretary of War May 6, 1887.
By act approved September 10, 1888 (25 Stat., 474), a right of way, 50 feed in width, was granted to the Leavenworth
Rapid Transit Railway Co. to construct and operate its railroad, from its terminus at the south boundary of the
reservation to a point near the military prison, and to construct a depot and necessary side tracks, turntables,
etc. Location of railroad and depot grounds approved by the Secretary of War December 17, 1888.
Lease.-June 15, 1889, to Leavenworth City and Fort
Leavenworth Water Co. of tract containing 9.75 acres, more of less, in the southeastern portion of the reservation,
pursuant to act approved March 2, 1889 (25 Stat., 863), for the purpose of constructing and maintaining thereon
a reservoir.
Revocable licenses.-June 17, 1863, to Leavenworth
City Railroad Co. to cross the reservation.
June 27, 1889, to Louis M. Fink, bishop of Leavenworth,
to erect church and school building on tract of land 200 feet square set apart for that purpose.
August 25, 1900, to the Kansas City-Leavenworth
Railway Co. to construct and operate a line of electric railroad across the reservation, with permission to place
a "Y" and waiting room.
February 28, 1901, to the Postal Telegraph-Cable
Co. to erect and maintain a line across the Fort Leavenworth timber reserve in Missouri.
April 8, 1901, to People's Telephone Co. to extend
its lines across reservation on the east side of the Missouri River to the highway leading to Platte City, Mo.
July 12, 1901, to Leavenworth, Kansas & Western
Railway Co. to lay a spur from its main track on the military reservation to the line of the new penitentiary grounds.
October 1, 1901, to the Postal Telegraph-Cable
Co. to construct a telegraph line along the southern boundary of the reservation.
Oct 2l7, 1905, under act approved May 31, 1902
(32 Stat., 282), to the international committee, Y.M.C.A., for building on reservation.
July 10, 1907, to the Army National Bank to occupy
space in the post headquarters building. Occupation of an additional space approved July 20, 1908.
March 5, 1908, to Lodge of Perfection, No. 1, A.
F. and A. M., to occupy rooms in "Quartermaster's Building No. 102" for lodge purposes.
August 29, 1908, to Missouri & Kansas Telephone
Co. to occupy a room in administration building.
November 9, 1909, to Rock Island Lines to construct
spur track on reservation.
December 22, 1910, to Department of Justice to
construct railroad tracks of the Federal penitentiary across the reservation.
July 13, 1912, go the Peoples Home Telephone Co.
to construct, operate, and maintain a telephone system upon the reservation.
June 26, 1913, to the Peoples Home Telephone Co.
to occupy space in college building (Sherman Hall).
Jurisdiction.-Kansas was admitted into the Union
as a State January 29, 1861, but the United States failed to retain jurisdiction over the original reservation.
This was remedied by jurisdiction over that part of the reservation situated in the State of Kansas being ceded
to the United States by an act of the State legislature, approved February 22, 1875, which provides as follows:
SECTION 1. That exclusive jurisdiction be and the
same is hereby ceded to the United States over and within all the territory owned by the United States, and included
within the limits of the United States military reservation know as the Fort Leavenworth Reservation, in said state,
as declared from time to time by the President of the United States, waving, however, to the said state the right
to serve civil or criminal process within said reservation, in suits or prosecutions for or on account of right
acquired, obligations incurred, or crimes committed in said state, but outside of said cession and reservation;
and saving further to said state the right to tax railroad, bridge and other corporations, their franchises and
property on said reservation. (Genl. Stats. Kansas, 10-5, sec. 3963.)
(See Appendix, pp. 498, 503, and 517.)
FORT LEAVENWORTH
NATIONAL CEMETERY
This cemetery contains an area of 5 acres and is
a part of the Fort Leavenworth Military Reservation. (See "Fort Leavenworth" for title, etc.)
MOUND CITY SOLDIERS'
BURIAL LOT
This lot is situated at Mound City, in Linn County,
and contains 9,164 square feet.
Title.-Deed from the Mound City Cemetery Association
of Mound City, dated July 11, 1879, conveying the above tract. Recorded in book 15, page 254, of the deed records
of Linn County.
Jurisdiction.-See "General act of cession."
FORT RILEY
This reservation is situated on the Kansas River,
about 3 ½ miles from Junction City in Geary County, and contains 19,446.735 acres, exclusive of right of
way (about 73.72 acres) of the Union Pacific Railroad Co., with metes and bounds as announced in G. O. 112, W.
D., 1908.
Title.-Included in the Louisiana Purchase from
France in 1803, it became a part of the public domain and was, by Executive order, dated May 5, 1855, declared
a reservation for military purposes.
Under authority of act of Congress, approved July
26, 1866 (14 Stat., 289), the President, by Executive order, dated July 19, 1867, set apart and granted to the
Kansas Pacific Railway Co., 20 acres in the bottom opposite Riley City. This latter tract was surrendered to the
United States by the successors of the above railway company by the following deed:
Quitclaim deed from the Union Pacific Railroad
Co., dated August 19, 1902, conveying 20 acres. Recorded in book 5 of deeds, pages 355 to 358, of the records of
Geary County.
By joint resolution of Congress, approved Marcy
2, 1867 (14 Stat., 573), a portion of the reservation was granted to the State of Kansas to aid in the construction
of a bridge over the Republican River, but upon the express condition that the grant should be accepted by the
State with a guaranty to be given by an act of the legislature thereof that the bridge should be kept up and maintained
in good condition and should be free to the use of the Government of the United States for all transit purposes
forever without tolls or charges. Said grant was accepted and the guaranty therein required was given by an act
of the State legislature, approved February 26, 1867.
Easements.-Act of Congress of February 26, 1908
(35 Stat., 36), authorized the Secretary of War to grant to the State of Kansas one acre of ground, being the site
of the old station building used as the first Territorial capitol at Pawnee.
Permission granted January 15, 1902, to the boards
of county commissioners of Geary and Riley Counties to extend a public highway across the reservation from its
northern boundary to the Washington Street Republican River bridge, under authority of act of Congress, approved
July 5, 1884. (23 Stat., 103).
Act of Congress of March 4, 1911 (36 Stat., 1363),
authorized the Manhattan City & Interurban Railway Co. to construct, operate, etc., an electric railway upon
the reservation upon such location and under such regulation, etc., as should be approved by the Secretary of War.
nstrument fixing location, regulations, etc., approved
by the Secretary of War April 26, 1911, and modified as to fares July 5, 1911.
Revocable licenses.-August 30, 1900, to H. P. Wareham
to erect and maintain a telephone line across the reservation.
January 16, 1901, to the State Historic Society
to take possession of the ruins of the old station building which was the first Kansas capitol at Pawnee.
January 15, 1902, to the Electric Railway, Light
& Ice Co. to erect a depot at the terminus of its line on the reservation.
August 25, 1902, to the Union Pacific Railway Co.
to extend its two tracks beyond its right of way on the reservation, one 800 feet, and the other 1,050 feet.
November 21, 1903, to the Union Pacific Railroad
Co. to maintain the spur tracks and platform erected by said company on the reservation.
October 10, 1905, to Union Pacific Railroad Co.
to maintain side tracks.
October 10, 1905, to Union Pacific Railroad Co.
for dwelling, etc., for use of station agent.
July 19, 1906, to Missouri & Kansas Telephone
Co. for telephone line on the reservation.
September 11, 1907, to Union Pacific Railroad Co.
for spur track to new granary.
July 23, 1914, to the Union Light & Power Co.
to extend its electric light and power line across the reservation.
Jurisdiction.--Ceded to the United States by an
act of the State legislature February 14, 1889, which provides as follows:
SECTION 1. That exclusive jurisdiction be, and
the same is hereby, ceded to the United States over and within all the territory owned by the United States and
included within the United States military reservation known as the Fort Riley military reservation, in said state,
as declared May 5, 1855, by the President of the United States, and reduced by joint resolution of the senate and
house of representatives of the United States, approved March 2, 1867, saving, however, to the said state the right
to serve civil or criminal process within said reservation in suits or prosecutions for or on account of rights
acquired, obligations incurred, or crimes committed in said state (but outside of said cession and reservation),
and saving further to said state the right to tax railroad, bridge, and other corporations, their property and
franchises, and the property of citizens, not otherwise exempt, on said reservation. (Genl. Stats. Kansas, 1905,
sec. 3964.)
FORT SCOTT
NATIONAL CEMETERY
This cemetery is situated at Fort Scott, in Bourbon
County, and contains an area of 10.26 acres.
Title.-1. Deed from the Fort Scott Town Co., dated
October 16, 1868, conveying 5 acres in SW. ¼, sec. 32, T. 25, R. 25 E. Recorded in book G, page 520, of
the deed records of Bourbon County.
2. Deed from John G. Stewart and wife, dated October
16, 1868, quitclaiming all interest in above 5 acres. Recorded in book G, page 519, of same records.
3. Deed from J. G. Scott et al., dated May 19,
1873, quitclaiming all title to 56 rods of land. Recorded in book Q, page 400, of same records.
4. Deed from B. F. Hepler and wife, dated June
3, 1873, conveying 56 rods of land. Recorded in book Q, page 403, of same records.
5. Deed from board of trustees of "The First
Presbyterian Church of Fort Scott," dated August 15, 1873, conveying the "Presbyterian Cemetery,"
being part of the SW. ¼ of sec 32, T. 25, R. 25. Recorded in book R, page 493, of same records.
6. Deed from John G. Stewart and wife, dated August
15, 1873, conveying 4.91 acres. Recorded in book R, page 491, of same records.
7. Deed from W. S. Relfe, superintendent of insurance
department of Missouri, dated August 6, 1880, conveying a roadway to the national cemetery, etc. Recorded in book
No. 30, page 244, of same records.
8. Deed from James R. Bowman et al., dated August
7, 1880, conveying a roadway, etc. Recorded in book No. 30, page 248, of same records.
9. Deed from John Farnsworth and wife, dated August
16, 1880, conveying a roadway, etc. Recorded in book No. 30, page 235, of same records.
10. Deed from Ira D. Bronson and wife, dated September
1, 1880, conveying a roadway, etc. Recorded in book No. 30, page 239, of same records.
11. Deed from Charles H. Morley wife, dated September
1, 1880, conveying a roadway, etc. Recorded in book No. 30, page 238, of same records.
12. Deed from Annie R. Bowden and husband, wife,
dated September 25, 1880, conveying a roadway. Recorded in book No. 33, page 243, of same records.
13. Deed from James H. Wilson and wife, dated November
6, 1880, conveying a roadway. Recorded in book No. 30, page 242, of same records.
14. Deed from James M. Lee et al., dated February
25, 1881, conveying a roadway. Recorded in book No. 30, page 242, of same records.
15. Deed from Eliza A. Marr and husband, dated
March 1, 1881, conveying a roadway. Recorded in book No. 30, page 236, of same records.
16. Deed from Cyrus Newkirk et al., dated March
4, 1881, conveying a roadway. Recorded in book No. 30, page 246, of same records.
17. Deed from Fort Scott & Gulf Railroad Co.,
dated April 1, 1881, conveying a roadway. Recorded in book No. 29, page 378, of same records.
18. Deed from George W. Williamson and wife, dated
April 12, 1882, conveying a roadway. Recorded in book No. 32, page 606, of same records.
19. Deed from Eli Hollingsworth and wife, dated
November 15, 1880, releasing roadway. Recorded in book No. 30, page 240, of same records.
20. Deed from Milton Hollingsworth and wife, dated
October 26, 1880, releasing a roadway. Recorded in book No. 30, page 241, of same records.
21. Deed from C. H. Morley and wife, dated March
9, 1881, releasing a roadway. Recorded in book No. 30, page 253, of same records.
22. Deed from the board of county commissioners
of Bourbon County, dated May 23, 1882, releasing the roadway in said city of Fort Scott to cemetery. Recorded in
book No. 33, page 311, of same records.
The title of the Government roadway was released
to the city of
Fort Scott for street purposes by act of Congress
approved March 4, 1907 (34 Stat., 1347).
Jurisdiction.-Ceded to the United States over a
portion of the cemetery by an act of the State legislature approved March 2, 1870, which provides as follows:
SECTION 1. The assent of the State of Kansas is
hereby given to the purchase of land heretofore made by the United States, under the act of Congress, approved
February 22, 1867, for the purpose of a National Cemetery at Fort Scott, Kansas, said tract of land being the five
acres situate near the City of Fort Scott, in Bourbon County, known as the "government cemetery"; and
the jurisdiction of the State of Kansas over said tract of land is hereby ceded to the United States of America,
and said land shall be forever free from taxation by or under the laws of this State; Provided, That nothing herein
contained shall be so construed as to interfere with or prevent the service of process issued out of any of the
courts of this State upon such tract of land, or to interfere in any way with the jurisdiction of this State to
punish crimes and offenses against the law of this State committed thereon.
See "General act of cession" for jurisdiction
over remainder of cemetery.
