, 1874-08-27
THE OSAQE LANDS.
Dccrcc Of Tho United States Circuit
Court In tae Test.CaSc.
Great Rejoicing Among the
Settlers.
A Brief History of the Case, and
Skotcll Of the Lands.

&WFsbeHdohea ~ 3Ns Chff tNh 1T1bhnss
IEAyENwonTH, KRn., Aug. %, 1874.
The famous tract If lnnd known for and Wide
ns tho "Oaago Coded Lantls," extends 80 mi1os
north and Houth by so east aud wost, In
tho southern part Of tho esntc Of Kansas. It
comprises about 100000 scres OF fertile aud
beautiful country. aud ia covered by tho Coun-
tics Of Noosho aud Labctto. and parts Of A1lon.
Wllson, Montgomery, Woodson, aud Crawford.
Thirty thousand people have madc their homes
upon 1t, aud arc to-lay rejoicing over tho result
OF kheir groat contest with the railroads.
For many years tAcso lauds wero tho ol1ocost
hunting grounds Of tho Osago tribo Of 1ntliana !;
but in 1866, tho advancing lido Of civilization
forced them to ramayg to tho Indian Territory,
and to ccdo tholr lands to tho United States.
since which time they hare been known az tho
osAGR oEDEp LARps -
To fully comprehend tho great struggle which
has lust eliminated In tile dGciHion of Judges
Miller and Dillon, 1t ia necessary to 70 buck 10
tho year 1903, threo years prior to tho treaty.
At TINT time tho Indians wore In full possession
Of tbcao lauds, md hbld them by \ plonr title ~
reHorvation. The year 1868 waa Gle great year
OF land-grantR in KanBas. Magnificent ra,lroad-
enterprises wero projected md llborafly sub
sidizcd by Congress. Among others thero wero
two roads Loading to tho Gulf of Mexico. both
Of which wore to run through the
Osage reservation. Ono WAS callol tue
Loayenworkl,, Lawrence i QnlvcBton, and
tho other tho Missouri, Kansas l. Tetas Rnt'-
rond Company. Congress granted oach road ten
sections Of land to tho rniio, Oh each Bido Of
tholr respective lines. Tho grants wore made In
the usual language Of Congressional land
grants, with nothing showing any intention on
tho part Of Congress 10 giant anything but The
public lands. There wHe also proviso Ia the
act especially excepting from 1t "all lands horeto-
folo reserved by act Of Congress. or otllef conf
petent authority. for tic purpose OF aiding any
work Of internal improvement or for
AHY QT1tEN ruHro4E WHATSOEVER"
1t would Bcem to be plain that this proviso
covered these lanas. ns they lai for many years.
been ,eserYod by the Government aH d home for
tho OHagaa, and thoir title to them soourod by
holomu treaty. In 1866. three yoats subsequent
Indians cetlod tbo iands to tbs Uutod States,
under an agrce1neut TINT they Should bo sold BY
tho Government at tho highest price for oasll,
and Tho proceeds be paid into tho Indian Oivill-
2asion Fund. Aa soon as the 1n!llaus wcro
removed from tho. lands. tue railruad COM
panloa began to 1oo1 with eager eyes at
the beautifnl Aalds, and noon set up claim
to them under tho act of 18G3. When the lalida
calno into possession Of tho Government. NOT 3
foot Of road had been built, but tho Companies,
conlmenced operations. During tho year 1871
tl,oy finished their roads through the lands.
Meanwhile Congress had, by JOINT resolution.
opened tho tnndB 10 Bettlemont and Aale, and
thousands Of Hottlerd, from all pnrta of the
Union, nockod to ,hom With view OF making
homes. Thon
COMMENCED THE STRUGGLE.
Tho railroads claimed tho lailia, while tho aot-
tloys inals,ed that thay alone were the rightful
oocupapte Tho Secretary of the interior uocdi-
cd that tho railroads were ontitled 70 them. and
directed tho entrcB made by tho settlers ut tho
Land Oh1co to bo cancelled. ln many indtvid-
un1 cgsea tho sottlera rceiBted, and oleotmont
suits were brought in the courts, with varying
results. 1mp0ilel by q aanHe Of ootntuon inter-
cst, the settlers organized. determined to MIKE
8 united effort, for thelr homes. Hut tho rn,l-
roals Kept Bteadly gaining in spilo Of all thcir
efforts, until after four yesrs Of harahs'ng ana
government taSa, ''sE' TOOK hoii @ Of Of the % %mattor,
and ortlorod the United States Distrlct-AttoneY
to commence suits agaiuHt tho Companies for
the purpose Of tossing tho validity of the patents
which had heen Issued to them by she Secretary
Ut .lo Iutcrlor. Tho order to tho Dlstrict-Attor
ney vas made Jan. ~ last. He Immediately
filed billn 10 equity against bolh Companies in tho
United States Circuit Court, compelling then, to
co1uo iu and dofond their title, thua testing tho
whole question. The set!lers had already en-,
ployed doy. Shannon. md Messrs. AleOpmas and
hiekeighan, Of Fort 8oost. Theme genuemcn,
by Invitation Of tho District Attorney. united
tlloir forces withhla, and formed an excoed-
ipgly strong combination. The caso calno on
for tIal ~ the June TORN OF the Court, aud were
elahorataiy argued ou both Hidea, and takeQ
uuuar atlyisement By the Court.
The Court convened in this city today, Judge
FoBtct aitno on the Bench, and
THE FOLLOWING DECREE8
In the celebrated suit were hunuuncod;
CIRCUIT COURT OF THE UNITED aTAFEg, DISTRICT
OF KANaAH.
zhe United States q A,nertea aaainst At ltssourf
Aa'ta' d 2!A xtsaI xa,s"p pxonnp Supa"4-f" s4'uv
hs saase sams on to b. hesr It tho ans 9s
@ Dan oa saa doa h.
sssaea BY Ssergs t. fssE A.tofasy Wilson
complainant and T, 9. hs4r4 solicitor ior :cfsndaAt
aud the COURT, hc'lg nov, Aag. 2s. 19;4 fully ad-
Ssea IN hs premises on hna ad .hs az gay o. nra Inc
ndge. md decree, that the legal siso to tue 'anas
described In tho blll Of complaint and claimed by hp
said tract Of land above described, IN thu first article
o said trea'y. proclaimed Jun ~ 3sS3 between y tns
H. an Of right taloaga to, te Uptea ssstsy u trast
teF ths nsaa aud purposes specified In saa Aras article
And Ills further ordered, adjudged, and decrend,
tAat tho aad pnents to tho aul tsotenaant l9r por;
ton Of Eaia nas escrile M the first usi91o Of saia
sd e,ssa sa fsAes a sad vo sat ssssit
mon ,as legal t!fs Of tne compainant aad that
/
bo perpetnAy eujolued from settlpg up any clailn,
either n law or in equity, In or TO any Of said sndsl
situate, lying and being within tho boundaries Of Hatd
OSaHe Coded lands. described Rfaresail In sa rst
article Of said troaty With the said 0sage tribe of liz
dfanB. under and by virtue Of said patos or eher OF
| them. Bald ptcnts thua described to ba Aull and
yad and for naugA held. are dAtoa and recorded aa
| follows to wit:
ratent from the United 6tatea to the Missouri Han.
sas Texas hallway Company, Fob, H. 1a72. lseSor4t
iii tho oIico OF tho Register Of Decide Of Ncoaho Cul.
ty, Kan., March 49, 1874. Recorded also in this occ
Of the Register Of ueela Of Montgomery County, Ka
June TO- lB73. Recorded also In thn o1l!ee Of tho eR-
! atcr Of Deela Of IAbettc County, Kan, March 4
| 1871.
Iatens from the United States Of hmosica to III.
| Afsaouri, Kansas 4 Tu1as hallway Company, Feb c9
1874 Recorded IN tho oscs q te Hegistef 1t Dcedr
| OF Nsosho County. KHn., selt. H. 1874 Aacordud
a!sa III the oca pf tho eglstor Of Deeds Of Lahettt
! County. Kal.t, March 70 1872.
It ii further ordered that tho defendant nay tht
coata of thts suit, taxed at lol!srt: aud tAat e.
| acuti0n tsHuo therefor.
From this decree the defendant prayed au appca!
which was allowed, and the bond in spI,eai ased
900. 9AMQ1L I. MitAEA,
Judges.
CIRCUIT COUNT or THE UNITED srArEs, DISTRICT
| or RAN6Aa. :
TAa United Atafx Of 4tMfrica aaatnst fhs Leart,t
| ,rorth, Laurence Il Ga'rfslo" isastroad cnMpaUy-