The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1873-09-11
A Letter from Governor Osborn to
the President.
TOPEKA Septembc.

".
United States:
SIR: On ,he 18th day of September,
1865. treaty was concluded between
the United States and the great and
little Usage Indians, and proclaimed
by the president on the 2lst day of
January. 1867. By its terms there was
ceded to the United States tract of
land fifty miles in length and thirty
miles in width. situated in the counties
of Neosho. Labette, Montgomery and
Wilson. i'll the state of Kansas.
This body of land, comprising nearly
one million of acres, is among the best
in the west and was very soon after
the conclusion of the treaty, and even
before its ratification, extensively set
tied upon. and within two years there
was scarcely quarter section vacant.
The settlers upon these lands are
composed largely of soldiers Of the
late union army. who went there. sup
posing that they were subject TO the
prc-emption and homestead laws of
the United States. and that upon the
proclamation of the treaty, and after
The completion of the necessary pre-
requisites. thev could enter them the
same as any other public lands. The
terms of the treaty. however. forbade
this. Many supposed the conditions
of the treaty forbidding presumption
and homestead entries would not oper-
ate az repeal pro tantO of the laws of
congress upon this subject; others ex-
pected 10 purchase so soon as the sec
rotary of the interior should open them
to market. All, however, went vigor-
ouslv TO work. built their houses. put
out their orchards. and improved their
farms in the confident assurance and
belief that they could purchase the
lands at the government price. or, at
the most. at but slight advance
over it.
In the year 1868, the Lcavenworth,
Lawrence and Galveston railroad com |
panv, and the Missouri, Kansas and
Texas railroad company, located the |
lines of their roads. respectively. |
through this tract OF land, then and
now known as the Dosage cedcd dis
trict.' Soon after this location. appli- |
cation was made TO the interior de-
partmcnt by these railroad companies
TO withdraw the lands within the |
twenty mile limits of each of said To-
Gated lines, from sale, entry, or pre-
emption. on The ground that their re-
spective grants March Sd. 1868, and
July 26th, 1861 embraced them. The
withdrawal was made, and as the rail-
road companies had not received their
full compliment upon other portions
of their lines. these lands were claimed
to make up such deficiencies. taking, |
apprchend. between six and seven hum
dred thousand acres.
The occupants Of these lands, thus
finding themselves at the mercy of
these railroad companies, applied to
congress for relief. That body very
promptly acted, and on the 10th day of
April. 1869. passed 4 joint resolution
which provided that any bona fde set
tier, having the qualifications of pre-
emption might enter the lands-both
odd and even scctions-but limited its
operation to two years from the date
of the act. Under this resolution some
fifteen or sixteen hundred entries were
made, the money paid, the laws of con-
gress regulating prescription entities
in all things observed and obeyed. But
want of means. the restrictions as to
time. and other impedimcnts, prevent
ed the larger number from making
such entries.
Within the past year the secretary
Of the interior. upon Application of
these railroad companies, have vacated
these entries 10 the number of two or
three hundred. more or less. and holds,
rs am informed. that ell of them are
void as against the railroad companies,
Notwithstanding the joint resolution
of congress before mentioned.
This act of the interior department
has caused great apprehsn ion and con-
sternation among these people who
have paid their money, built houses
and fences, and otherwise improved
their farms. upon the plighted faith of
the government Of the United states.
Such n result is not astonishing. as it
is difficult to understand on what
ground the government can justify it.
self in inviting its citizens to settle
upon its domain. receive their money.
encourage them to make improvements
that shall largely appreciate the value
of the lands, and then quietly abandon
them to the tender mercies OF grasping
corporations.
But am confident that such an act OF
ilagrant injustice and wrong will not
be permitted to go unredressed. when
those having charge of the affairs of
the nation shall be informed thereof.
The question of legality of the can
collation. Of the entries has been
brought before the courts, aud will I'M
questionablv, in due time, reach the
supreme court Of the United States. In
the meantime the condition of things
is irritating, uncertain and unpleasant:
and would respectfully suggest that
until the rights at issue can be Judi
ciallv determined. further action on the
part of the interior department. rs TO
the cancellation OF the entries or the
issuance OF patents TO the railway com
panies. be suspended. Any further
move in this direction apprehended
will only cOmplicatc and aggravate
without any apparent good result
The question involved in the contTo-
versy is one that strikes directly nj the
root OF the claim of the railway COM
panies..
The settlers. and some OF the ablest
legal ecntleRen III the nation, conf
IDENTIFY claim that the grant TO these
companies never attached to these
lands, that at the most il only attached
by implication. They contend that
legi -laiivc grants are constructed
strictly in favor of The grantees. and
literally in favor of the public: and
that hence there cannot, and ought not
TO be such q thing as a legislative. pri-
yate grant. attaching by implication.
as against the public. and especially rs
against bona fde settlers and purchaS-
ers. As an cquitdble question, there
can be no doubt of the correctness Of
proposition. and | am assured by en-
incnt legal ability that there is none "a
to the legal rule.
With reference - this class then.
those that have entered. paid their
money and complied with the rules OF
congress-l respectfully ask thar fur
Their action on the part of the govern
ment be suspended until the question
ton can be iudicially determined,
As to the other class-much more
numerous-thc legal status is quite
different. and their remedy not n APP
parent. The supreme court of this
state has recently decided that they
are traBsgressors upen the lands. and
have no legal standing in court-that
they cannot inquire into the title of
the railway companies. This decision
leaves the companies in possession. as
serting. with no one 10 question their
rights except the government. While
these persons eau have no legal claim
against the government for relief. their
equitable claim il exceedingly strong
They went there in good faith. suppos-
ing that these lands would be governed
by the same laws regulating the public
domain. Being disappointed In this.