The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-09-04
TIuE Usage CzDEO LANDS.
A Letter from senator IsgaIIs.

: A letter from senator IEga1l
To the Editor OF the Atchison Chs.npio
2 The determination of the gre
r controversy between the railroad
D and the settlers upon the Osas
: coded lands, marks new epoch
: the history OF corporations. IL
/ q struggle for the possession of a
, empire, and though au appeal n
, maius TO the highest tribunal res
, ognized by the constitution, the CT
: haustive argument of the principle
involved and the admitted emiu
ence of the judges by whom ia
decision has been made, leave littl
! doubt that the supreme court of tn
United States will affirm the deere
already rendered. 1t is not my in
tent to rehearse here the narrativ
of the causes, nor TO dwell upon tn
legal questions at Issue between tn
contestants. The law aud the fact
will be found deliberately stated II
the briefs of the counsel upon eth
er side, by those who are curious u
know the history of one of tn
most interesting and importan
subjects in the annals of litigation
But l observe in the associated
press dispatches and in the editora
articles of the Topeka Common
wealth, some statements in relation
10 the manner in which the suits
were authorized by the department
| Of Justice, and the efforts that were
made, in behalf of the settlers al
] Washington, that are evidently
based upon an imperfect knowl-
edge of the facts, and as / was cog
infant of the affair from its CON-
mencement, and the proportions OF
the conflict are such as to render il
of national consequence, beg to
| trouble your readers with brief
/ statement of the action in the sem
ate and before the encouragement
at Washington, by which the whole
subject was suddenly and unex-
pectedly transferred from the do
main of politics and legislation to
that of law.
1t Is perhaps not irrelevant here
to say that the question had its po-
litical aspect, and had been no in
conspicuous factor in the problems
of the hour. Upon this fertile
quadrangle, larger in area than
Rhode Island, were Several thous-
and intelligent people who were
very sincere and very much in
earnest about their homes, no mat
ter what might be their sentiments
upon civil rights, the currency, or
the credit mobilier. The title to
their lands was the paramount
question with them, and he who
could best aid them was their
truest friend, be he republican,
democrat or granger. Designing,
crafty and INSCRIPTIONS men of all
faiths and of no faith, were not
slow to avail themselves of the OPP
portuEity thus afforded, and while
ONE were sincere in their profess
ion of friendship for those whose
homes were in peril, it is not i'm
probable that others saw in contin-
ued agitation and protracted unceI-
tainty source of gain, and an OPP
portunity for preferment which
they were reluctant to abandon.
Justice was too blind, and her
scales too evenly balanced to suit
the wishes OF those adventures
who made merchandise of the most
sacred hopes and fears of all the
jewellers upon the ceded lands.
Believing that the questions were
legal and not political, that the
rights of the settlers and tho rail
roads could be safely entrusted to
the courts and definitely ascer-
tanned alone by them, and that the
best interests of the entire state i'm
peratively demanded an early and
final determination of the cOntro-
versy, / consulted during the au-
tumn with the attorneys and with
the influential citizens upon the
lands, for the purpose of devising
some method by which jurisdiction
of the subject matter could be con-
ferred upon the courts of the Unit
ed States.
As the result of these delibera-
tions, Gov. Shannon prepared a
Joint resolution authorizing pro-
ceedings to be instituted in the cir
cult court of the United States for
the district of Kansas, to determine
the title to the Usage ceded lands,
which was forwarded to me at
Washington early in December.
My colleague, Senator CroZier, and
myself, had several interviews on
the subject, and concluded that
some changes in the resolutions
were necessary to render it effect
i've, and secure the early and favor
able action of the senate, and hay
ing modified it, INTRODUCED it on
Monday, December 8, 1873, and
moved that it lie on the table and
be printed, giving notice that on an
early day it would be called up
either by Senstor CrOzier or my
self and its reference moved to the
committee on the Judiciary.
This course was pursued to on
able Mr.. Crozier, who felt q special
interest in the subject, to address
the senate upon the questions of
law which were involved, and to
invoke speedy report from the
committee.
Meanwhile Judge Crozier con-
cluded that the resolution which /
had introduced did not meet the re-
Quirements of the case as fully as
might be, and on Thursday, Dec.
IL, he obtained unanimous consent
to bring in bill for the relief OF
the settlers on the Usage coded
lands, which was read twice and
ordered to be printed,
On December 18th, Mr.. Crozier
moved to take up his bill, which
was agreed to, and proceeded to
address the senate at length upon
the merits of the case, and at the
conclusion of his remarks, moved
to refer his bill to the judiciary
committee. At my request he in
cluded in his motion the joint reso-
luton which Gov. Shannon had
prepared and I had introduced, and
| the reference was ordered.
While Senator CroZier was deliv.
ering his speech, a page handed me
q telegram from one of the attorn.
eys of the settlers, protesting
against the passage of his bill as
| fatal to the interests of the people
and stating that full reasons had
been forwarded by mail.
On Friday evening, Dec. Is, con
gress adjourned over the holidays
and assembled again On Monday
Jan. 5, 1874.
The Kansas legislature was ebop
to meet and 8 senatorial election
was pending. There was an eYi
dent design to utilize the distress
aud uneasiness of the settlers fol
sinister purposes. Accusation
were freely made that the join
resolution of Gov. Shannon ha(
been changed at the instigation o
the railroad companies, though
neither Crozier nor myself had seel
an agent nor an attorney of either
directly or indirectly, and hal
acted with promptness and vigo
in the direction indicated by tn
: settlers friends.
: There was danger that in the NJ
gency of business, no bill could b
passed through both houses till lat
In the session, An intention wa
apparent In sOme quarters to fruI
trate our action, or to misconstru
It, and to impute improper motive
under which it did not seem desil