The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-01-23

nat tl4o idtkQ suOutu De sOtu dS pro-
fided in the treaty, on The most sd s
terms, for cash The
policy of granting lands 10 aetnal
settlers oniy had 2: that time many {
friends in congress, and its early
adoption b. the government ap-
Deared to be certain; hence the con-
clusion by the settlers that when
the lands shall be offered for sale,
The government would be inclined
to favor those who had gone there,
in good faith, to settle and make
their homes; and hence the expen-
diiure OF labor aud money by the
settlers in the improvement of
their farms, the building of house,,
cultivation of orchards, and estab |
iishment of schools.
Since these settlements and i'm
proyemeDis, the secretary of the in
terror hiss decided that large pro-
portion of this land belongs to the |
LeavenW orth Lawrence aud Calves
ton railroad company. and the Mis-
souri, Kansas and Texas railway |
company, under their respective |
grants from congress of March Sd,
1855, and July 26, 1866. The acts
of congress making these grants
were passed before the ratification
of.the treaty, and both contained
provision 10 the effect that all lands
prior thereto reserved for any pur-
pose whatever should be excepted
from the operations of the respec-
tive acts, except so far "a it might
be necessary to locate the routes of
such roads through such reserved
iands. Thus, Notwithstanding the
positive prohibitions in the acts of
congress, and ia seeming defiance
of the provision of the treaty which
requires that it should be sold for
cash, about six hundred thousand
acres of this body of land, occupied
and improved by actual settlers,
have been patented to the railroad
companies without any considera-
ton whatever.
The settlers claim that the grants
never attached to the Usage ceded
lands that the patents issued to the
railroad companies should be va
Gated aud that the lands should be
sold, as provided in the treaty, on
the most advantageous terms, for
cash.
The growth and prosperity of
that part of the state Immediately
affected are. by reason of this con-
troversy, being seriously retarded,
and it is of the utmost importance
to the entire state that the dispute
should be speedily and definitely
settled. The settlers cannot enter
the courts for the purpose of inquir-
ing into the validity of the patents
issued to tie railroad companies,
and am unable to see how this
the real question in the controversy
is to be determined, except by q
suit in behalf of the government OF
the United States. On the I'd OF
September last, addressed a COM
munication to the president, in
which called his attention to this
land controversy, and asked him to
intercede in behaIf of the settlers
and the state, to the end that suits
might be brought in the federal
courts for the purpose of testing the
Legality of the claim of the railroad
companies to the lands in q 1estion
The suggestions contained in the
le.ter were allowed to go UNDECIDED
and 10 such suits have been
brought. ..
1t is estimated that there are
more than twenty thousand people
1 on the disputed lands. The courts
of the country are, for the pur.
poses of this controversy, closed
against them, and will remain
closed unless the government of the
United States should come to their
relief. To conclude that these PEG.
pie are to be deprived of theiI
homes without having first had an
opportunity to test the legal queS
tons involved, before the properly
costit tied judicial tribunals of the
country is to arraign the govern.
ment as a fragrant oppressor and
wrong-doer. l am not prepared fol-
such a conclusion, but, on the con.
trary, believe that congress will, il
properly appealed 10 by you, adopt
such legislation as will result Ia 6
final settlement of this troublesome
: controversy by the properly consti'
tuted courts.
THE DEBENTURE LAW.
The law passed at the last session
of the legislature "to provide fol
the incorporation of savings and
trust companies" commonly
known as the debenture law, con
tains some very Questionable fea
! SdlOHg anu OC ICRCoIGtls
MoRTAGE EXEMPTION.
No attention has been paid BY
the various assessors to The act ex,
empting mortgages from taxation
i, A careful examination of the ques.
= ton satisfies me that this law is in
conflict with the provisions of the
, constitution, and therefore I recon-.
mend its repeal.
CENTENNIAL CELEBRATION.
a communication from Hon
John A. Martin, United States cen.
tenuial commissioner tor Kansas
and Hon. Geo. a. Crawford, alter.
nate commissioner, recommending
the creation of d state board, By
the legislature, to cooperate with
them III securing for the state q
proper representation of its re-
sources at the centennial inter-
national exhibition to be held in
Philadelphia in 1876, is herewith
laid before you. The commuaica.
ton co.-tains many valuable sug.
gsstions, and it is hoped it may re-
ceive that consideration which the
Importance OF the subject of which
it treats seems to demand.
SENATORIAL ELECTIONS.
On the oath of March last Hon
Alexander Caldwell rendered his
resignation as United States SEN
ator from this state, and on the
26th day of November l appointed
Hon. Robert Crozier to serve in his
stead until the filling of the vacan
cy by the legislature. Although
this duty is dcvolved upon you ex-
clusively, the subject suggest con-
sideration which may be appropri-
ately noted by the executive.
While the election of a senator
is always an important matter, it
cannot justly be said that the sub
ject has not received at least its due
share of attention in this state. In
deed, If the progress and issue of
our several senatorial contests had
beer in just accord with the degree
of popular solicitude which they
have evoked, we should have
reason for congratulations addi-
tional to those conceded 10 us to-
day. Thoroughly united aud Wig
orousiy directed, the predominant
! public sentiment of the state would
have averted results which we have
ample reason to deplere. But uni
ty of purpose and common direc-
ton of effort have not usually pre-
vailed. aud the issue has been left
be to decided by the superior energy
of this, or the unworthy arts of that,
| faction. Important as the proper
choice of a senator may Justly be
considered, it is by no means of
| no rs mo0nf consaauonon The sNa,,