The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-09-12

would NOT operate as REPEAL pro
fGat0 of the laws OF Congress upon
his subject others expected to pur-
chase So soon as the Secretary of the
Interior should open them to mar
ket- All. however, went vigorously
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 government price, or, st
the most, At but 3 slight advance
over il.
= In the year 1868, the Lesyenworth,
Lawrence & Galveston Railroad /
Company, and the Missouri, Kansas |
SC Texas Railway Company, located |
the lines of their roads, respective
ly. through this tract of land, then |
and now known as the Dosage ceded |
district" soon after this location,
application was made to the interior |
department by these railroad COM
panies to withdraw tie lands with
in the twenty mile limits of each of
said located lines, from sale, entry,
or presumption, ON the ground that
theii respective grants March Sd,
1903, and July rs, 1867 embraced
them. The withdrawal was made,
and as the railroad companies had
not received their full complement
upon other portions of their lines,
these lands were claimed to make
up such deficiencies, taking, Iappre-
bend, 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 . joint resolu-
ton which provided that any bona
fde settler, having the qualifications
of presumption might enter the
lands-both odd and even sections
but limited its operation to two
years from the date of the act. I'm
der this resolution some fifteen or
/ sixteen hundred entries were made,
the money paid, and the law of Con-
gress regulating presumption en-.
tries in all things observed and
obeyed. Bat want of means, re-
strictions as to time, and other i'm.
pediments, prevented the larger
number from making snch entries.
Within the past year the Secretary
of the Interior, upon application of
these railroad companies, has va
Gated these entries to the number of
two or three hundred, more or less,
and holds, as am informed, that all
of them are void as against the rail-
road companies, Notwithstanding
the joint resolution of Congress be-
) fore mentioned.
7 This act of the Interior Depart
ment has caused great apprehension
and CONSERVATION among these peo-
pie who have paid their money,
built houses and fences, and other
wise improved their farms, upon the
plighted faith of the Government oil
the United States.
Such q result is not astonishing
as it is difficult to understand on
what ground the Government can
f Justify itself in inviting its citizens
TO settle upon its domain, receive
their money, encourage them to
/ make improvements that shall large
r ly appreciate the value of the lands
and then quietly abandon them tc
the tender mercies of grasping cor
porations.
: But 1 am confident that such an
f act of fragrant injustice and wrong
, will not be permitted to go unre'
= dressed when those having charge Of
the affairs of the Nation shall be in
formed thereof.
: The question OF legality of the
: cancellation of the entries has been
brought before the courts, and will
unquestionably, in due time, reach
3 the Supreme Court of the United
States. In the meantime the condi
ton of things is irritating, uncer
tain and unpleasant; and would
respectfully suggest that until the
rights at issue can he 1udicialiy de-
, termined, further action ON the par
/ of the Interior Department, as tC
> the cancellation of the entries Of
; the issuance of patents to the rail
! way companies, be suspended. Any
/ further move in the direction appre
: hended will only complicate and
e aggravate without any apparent
; good result.
The question involved in the con
troversy is one that strikes directly
at the root of the claim of the rail.
way companies.
D The settlers, and some of the
ablest legal gentlemen in the nation
confidently claim that the grant tC
4 these companies never attached -tC
. these lands, that at the most 1t only
attached by implication. They con
tend that legislative grants are con
structed strictly in favor of thu
= grantees, and literally in favor o.
the public; and that hence there
, cannot, and ought not to be such &
thing as legislative, private grant
attaching by implication, as against
the pnblic, and especially, as against
bona fde settlers, and purchasers
. AS an equitable question, there car
be no doubt of the correctness Of
the proposition. and l am assured
: by eminent legal ability that there
f Is none as to the legal rule.
: With reference to this class then
q those that have entered, paid theil
money, and complied with the rules
of Congress- respectfully ask thai
7 further action on the part Of the
7 government be suspended until tbs
question can be judiCally determin'
ed. @
As to the other class-much more
: numerous-the legal status is quite
r different, and their remedy. not as
, apparent. The Supreme Court Of
, this State has recently decided thai
they are trespassers upon 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. asserting, with no one
to question their rights except the
government. While these persons
can have no legal claim against the
government for relief. their eqgita-
Bile claim is exceedingly strong,
They went there in good faith, sup
posing that these lands would be
governed by the same laws reguls.
ting the public domain. Being dis
appointed in this, they have ever
been ready TO phErchase at prices
that disinterested parties should
say were Just and fair. They have
been ignored utterly, and the rail-
road companies and the government
have determined npon their equities,
and adversely, without leaving
them the poor chance of having
"their day in court.o
They will abide by the laws of
the land, which many of them have
offered their breasts, as bulwarks,
to defend, in the struggle for the
life of the Government whose aid
and interposition they now invoke
in their behalf.
These railroad companies hav ap-
praised the lands, and hold them
entirely beyond the ability of the
settlers to pay-the prices ranging
from four to forty dollars per acre.
/ now respectfully ask that the
Federal Government interpose in
their behalf, aud afford them, if in
its power, opportunity TO investi-
gate and determine, before some
court having iurisd iction,, whether
these companies are in Law the own
ers of these lands upoD which they