Will Become Custodians of School Lands

The Marietta Daily Times, May 18, 1917

Township trustees, clerks and treasurers are to become custodians after June 29 of school and ministerial lands held in trust by the State of Ohio for the support of schools and advancement of religion within the townships.

On that date an act of the general assembly, passed last March goes into effect. This act provides for the better administration of the school and ministerial land held in trust by the state to codify the laws relating thereto, to safeguard both the trust and the rights of the citizens of Ohio holding leasehold or fee simple titles to those lands, and make more certain the rights and obligations of the state and the lessees.

Charles W. Withum, Muskingum township clerk, is in receipt of a letter from Auditor of State A. V. Donahey calling attention to the act, which is designed to bring up-to-date records of this department, neglected for a generation.

In the first act of Congress, passed in 1785, providing for the survey and sale of lands in the Northwest Territory, it was especially provided that Section No. 16 in every township should be set aside for the support of schools within the township.

When the Ohio Company obtained its grant of lands these sections were excluded from the grant.

When the Ohio convention met pursuant to the act of congress providing for the organization of the state of Ohio, it specially asked Congress in relation to these lands, that every township receive its section and that in the special districts, land equal to one-thirty-sixth part of the district be set aside for the support of the schools, and that all these lands be vested in the state as trustee. By acts of congress of 1802 and 1803, this was done. Hence today the state holds these lands as trustees.

Until 1826 those lands could not be sold. Prior to that year leases were granted for terms of years varying from one year to perpetual terms. These old leasing acts in respect to perpetual leases all provided for annual rents of six per cent upon the valuation of the lands. Revaluations were required to be made, usually every 33 or 35 years.

Administration of these lands was originally placed in the hands of officers of the original surveyed townships. Because the lines of the original surveyed townships have been largely broken p in the formation of our present civil townships, and because of local indifference or lack of knowledge of the conditions of the trust, boards of trustees and treasurers have been but infrequently elected. So there has been practically no administration of these lands in most of the townships.

Rents have accumulated, in some instances for fifty years, ands have been impoverished, timber has been cut, oil and coal  have been taken without remuneration to the trust. Lands have been sold and only partly paid for, and outstanding interest has been defaulted.

Schools of nearly every county in the state have suffered, some of them to the extent that they are now financially embarrassed when they should have a surplus in their treasuries.

The new code is designed to give a better administration to the generous gift of the nation to the schools of Ohio, to secure the rights of citizens now occupying these lands, and to bring to the schools the revenues to which they are entitled.

The lands in Washington county are bringing a revenue of from $1800 to $1700 annually.