KANSAS

KANSAS U.S. MILITARY RESERVATIONS, CEMETERIES AND MILITARY PARKS

Source: "United States Military Reservations National Cemeteries and Military Parks"
Prepared in the Office of the Judge Advocate General United states Army
Revised Edition 1916
Washington Government Printing Office

transcribed by a Transcription Team Member

Whereas, The abutments and the wagon approach to said bridge on the Iowa shore are located in public streets and on the bank of said river in the said City of Davenport by the consent of the municipal authorities of said city: Therefore, Be it enacted, etc.,
SECTION 1. That exclusive jurisdiction is hereby ceded to the United States over that part of the Rock Island Arsenal Bridge across the Mississippi River at Davenport, Iowa, which is north of the middle of the main channel of the said river, and also over the plat of ground occupied by the abutments and the wagon approach to the north end of said bridge, more particularly described as follows: * * * Provided, however. That so much of said public streets (of the city of Davenport) as are occupied by said wagon approach shall be forever kept and maintained as a public highway without expense to the said city of Davenport: And provided further, That this act shall not be held or construed to add to, diminish, or prejudice any rights or privileges now held by any railroad company to use said approach for the purposes of a railroad track. Nor shall the jurisdiction hereby conceded be held or construed to impair, prejudice, or effect [affect] the right of the city of Davenport, or any other taxing power, to assess and collect taxes upon any franchise, right-of-way, or other property, or privilege, which any railroad company may now or hereafter have, hold or possess In said bridge. (Laws of Iowa, 1878, chap. 1(13, p. 149.)

KANSAS,

GENERAL ACT OF CESSION.

SECTION 1. That the United States shall have power to purchase or condemn in the manner prescribed by law, upon making just compensation therefore, any land in the State of Kansas required for custom-houses, arsenals, national cemeteries, or for other purposes of the government of the United States.

SEC. 2. The United States may enter upon and occupy any land which may have been or may be purchased or condemned or otherwise acquired, and shall have the right of exclusive legislation and concurrent jurisdiction, together with the State of Kansas, over such land and the structures thereon, and shall hold the same exempt from all state, county, and municipal taxation, (Approved Mar. 28, 1872. Genl. Stats. Kansas, 1905, 3960-3961.)

BAXTER SPRINGS NATIONAL CEMETERY.

This cemetery is situated about 1 mile from the city of Baxter Springs, in Cherokee County, and comprises a lot of about 1 acre, near the center of the Baxter Springs Cemetery.

Title.-1. Deed from the city of Baxter 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.

Deed from the city of Baxter Springs, dated May 3, 1875, conveying lot and right of way. Recorded in book J, page 119, or same records.

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 strip adjoining cemetery. Recorded in book Q, pages 99 and 100, of same records.

Deed from the city of Baxter Springs, acknowledged June 11, 1887, conveying additional ground for cemetery. Recorded June 29, 1887, in book 17, page 449, of same records.

Jurisdiction.-See " General act of cession."

FORT LEAVENWORTH.

This reservation is situated on the Missouri River, in Leavenworth County, Kans., and Platte County, Mo. It contains a total area of 6,781.78 acres, exclusive of the tract of about 505 acres set apart for a United States penitentiary by act of June 10, 1896 (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 known 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 35, 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 443, 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 637, 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 633 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 way 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, 1868 (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 feet 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 or 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.

February 9, 1886, to Grant Monument Association to erect monument on 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.

October 27, 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 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, to 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 known as the Fort Leavenworth reservation, in said state, as declared from time to time by the President of the United States, 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 franchises and property on said reservation. (Genl. Stats. Kansas, 1905, 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, 1870, 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 1/2 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 March 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 or 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 1 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 regulations, etc., as should be approved by the Secretary of War. Instrument 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 Electric Railway, Light & Ice Co. to construct and maintain an electric railway on the reservation.
March 18, 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 1/4 sec. 32, T. 25, R. 25 E. Recorded in book G, page 520, of the deed records of Bourbon County.

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.

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.

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.

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. J of sec. 32, T. 25, R. 25. Recorded in book R, page 493, of same records.
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, or 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, or same records.

11. Deed from Charles H. Morley and wife, dated September 1. 1880. conveying a roadway. Recorded in book No. 30, page 238, of same records.

12. Deed from Annie R. Bowden and husband, 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 234, 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, or 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, or same records.

20. Deed from Milton Hollingsworth and wife, dated October 26, 1880, releasing a roadway. Recorded in book No. 30, page 241, or 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.


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