, 1874-08-28

THE oSAGE LAND DECISION.
Tho decision Of United statoa Judgea Mlltcr
and Dillon In tue Osago land caso will commend
tself to the senso OF Justice Of tho people Of
tho United States. Few caBes as important az
tliie have evnr como boforo tho courta of this
country. It was case Involving the title to
tract Of country fifty miles in north and south
direction, mud thirty mlleH in an ems. and west
direction, containing 0C0 600 aorcs. On tho Que
sido woro two railway companies, on tho other
90, 900 people who had sottlod Oh the lands. Tho |
struggle WIS an exciting QUO. It WAS 4 real case |
OF grasping monopoiioH rerJus the poopio. Tho |
people won. 1t is we'll that tho law was On thoir
side. Had tho case boon decided In favor Of tho !
roads and against tho sottlers, thoir case would
be ~ bad ns, II not worse than, 1t they had |
suffered from loousts, or from fire. or from
flood, or from famine. Thirty Thousand !!
human beings honolosB. houseloss sent bog
gins into the world, is not cheerful picture to
contemplate; aud got, had tho case takou dit
ferout turn, tho wholesale eviction Of tic Hot~
tlorH would hayo roduocd 10000 people to state
Of dostitution. The railroad companies wore all
tho moro anxious to obtain possession Of the
lands as they arc exceedingly rich and fcrtilc
Thoy had boon tho choicest huntiug-grounds Of
tho osage tribe Of Indians, from whom they do
rived their name. To understand how basetoss
was tic claim Of the railway companies to those
1ands 1t Is sufficient to tako glance ut the faots
Of tho case. Several extensive land'granss
we're made to Kansas railway companies IN tho
year 1863 OF the roalB thus subsfdizod by tle
doyornmont, two were intended to run
to tho Gulf Of Mexico. These two
roads wore to run through tho 0aago Roacr-
! va.ion. They woro the Leagenworth, LAWRENCE
| & Galveston, and the Missouri, Kansas &
| Texaa Railroads. To each OF these roads Con-
J gresa grautod ton sections Of land to tho milo
on each aide Of ita line. In tho act making tho
grant 1t vas expressly provided that al lands
heretofore reserved by act of Congress for tho
purpose Of aiting any work Of informal improve
neut, or for any othor purpose whatsoever,
should bo excepted from the grant. This was in
1869, while tho 0sage tribe still held possession
| Of tho lands latoy in controversy, and three
yoars before tho Indans had sold them to tue
United States. It WINS not, Of course, tho in
tontion Ut tho Unitod States to convoy to tho
Railroad Companies what It had already sot apart
"a an Indian reservation. Tho ti!lo was at tho
time In Indians and not in the United States.
Tho lands were excluded from tho grant to tho
roads by tlo express terms Of tho restricting
CLAUSE Of tho act making 1t. After they came
into tho hands Of tho Goverumont In 1866, Con-
gross, by a resolution of both Houses, opened
them to acttlors. Thousands ayailed thomsoIyca
Of tho opportunity to find homes fos themselves
and their families, and tho settlors were not dis
turbel by the Companies until 1871, when tic
roats vero completed through tho former reser.
yatiou. Then oamo the tug Of war between tht
two Railway Companies and the thousands Of pool
peoplo who lad made thoir homes OIL tho osagt
lands, Tho Secretary of the Interior took tht
aido of tho roals, aud decided that tile tract Wa!
included In their graut Tho entrios matlo bJ
tho settlers ut tho Land oiAce wero ordered can
coled. Suits Of ejectsnent wore brougL
against tho resisting settlers. In some instances
the settlers wero uofeated III others, they wer
: not, For four years tho Companies kept up th
, war, 10 put an ond to the controversy. tho Soc
rctarY Of tho Interior ordered tho United State
District Attorney to institute legal proceeding
to dotormine IN whom the title to tho lands va
!, | vested. Tho case dragged along until tho 23d 0
. this mouth, when annl decree was antornd, pei
potually eujoining tho Companies from sotsin
up any claim to tho lands in controversy. Th
= Railroad Companies have to pay the cost Of th
, suit,
= It IL natural that there should be groat rojolt
= ing oypr tho victory by ths 80 900 settlers; ths
- thora ahould bo ringing of bolla. and ariug {
- cannon, and other demonstrations.
|