The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-06-11
THE FAMOUS "osAGE LAND CASE

THE FAMOUS "O3AGE LAND CASE
This is one of the largest--in fact, We be
lieve, the ldrged land case ever tried in thu
United States. i, involves the title Of nc a r
ly a million acres OF the mos. valuable land
in the w.st, and embracing the homes q
over five ,lor.and families in Southwestern
kansas.
The action is brought by the Government
against the railroad companies in behalf Of
the settlers. 1he land involved is the
Osage Indian reservation, which, at the
time the or ,nts OF land We made to the rail-
roads named, was held in trust by the Gov
eminent, to be sold for the be neiit Of the Ossge
indian, The question OF Law at issue,
stripped of all legal techn:caiities, is simply
whe,her these lands, conditioned a. they
were in 1868, when the railroad grants were
made, were public lands; if SO, they belonged
to the Government, and passed with other
public lands into the posss ssion Of the rail-
road: if not, Congress had no right TO dis-
pose If them Till the Indian title should be ex-
lingui Sled, and they therefore belong - the
settlers under the homestead act.
The case WAS token before the Commits
sione,s of the United States Land Office,
several years ago, and was by him decided
in favor of the set lens; subsequ decisions
in the State courts have made the same dis
position OF the matte but dec : on 10y Mr..
Browniny :, Secretary vi the Interior, recog-
nized the right of the railroads 10 locate
their grant through this reservation as well
az III on other lands along their LINES. The
Attorney General of the Cni.e States oi:-
ssnts from this ruling of the Secretary, and
the case comes now into this count because of
an order from the Attorney General TO Mr..
Peck, U. :. District Attorney for the Dis.
trict of ksnsss, to bring suit in the name of
the United States sg ainst the railroads, and
in behalf Of the settlers, 10 secure to the set.
tiers their title TO the lands claimed in this
Usage tract by the railroad companies above
named. The Gaze came up for hearing in
the U. s Circuit Court yesterday morning,
Judges Miller and Dillon On the bench. The
action is brought sgainst the roads by the
through its Attorney, Mr.. Peck;
The settlers upon the laEd in question inter-
vene, as parties in interest, snd appear by
heir Attorneys, Ex-Governor Shannon and
Judge Nice and the railroads are re-
by their respective Attorneys,
Judge Thacher for the L. L. 4 G., and
Judge Seas for the NJ. X. Il I.
The arguments in the case are printed
md are able and very voluminous. The
,rAl arguments by counsel before the court
70 steruay we're in the main reviews and ex-
of their printed briefs. The Gaze
vas opened by Jvd,e MoComas, for the set
lers, who sI,nke for an hour ard half,
,oing Over the whole ground, making an
bile argument.
Mr. TEACHER, for the L L. 4 G. Road,
o lowed, speaking briefly and to the point,
citing forth the dt fense coGciseiy and with
,bili,y.
Following Judge Thacher, MIR. Peck spoke
Tor the Cove rnment. He commenced with
The organization Of our public land system,
by the treaty of 1873 between the
United States and the Usage Indians, 6y
which the lands in question were oeded to
the government in trust for the Indians, TO
be sold for their benefit.
Judge Sears. on behslf OF the NJ. h. Il 1.
Roai, followed MIR. Peck. presenting an
array Of arguments to show that the
intention ot the act OF Dngre.s hahnS
a grant Of land to the State OF kansas for
railrosd purposes, was to include the LANDS
within the Usage country as we'll Al Else
where.
The case was closed by Gov. shannon, on
the part of the sci isr'. The Governor stated
that he had set forth nesrly everything he
had ID say in his printed argument, ana his
speech WAS directed manly 10 explaining
and snbstantisiing the arguments set ont In
his bret
BeforeH"nclnding argument, and al
Ter speaking Tor about an honr, the Low
error Wa overcome hy The intense heat
and was obliged TO rfiire, the court Pos'pon-
ing the ccIs deration ct the case tili this
morning. Ii was txcesslviy hot IN the conrl
room, and yolng men iound II Trying upon
their sire, g;h to werS under Such pres
cure, AID H. was not surprising that one who
IL several vears past the allotted three score
snd ten shouid have been unao:e to endure
the effort of IroIacted speech. When the
Governors argument - concluded, the court
will take the Care under Amusement and no
matter in favor of which party it may be de-
cided, il will be carried up to the Supreme
Court, and the end may not be reached for
many no iih-.
THIS case involves significance
vastly more important than Ia
shown by the money value
of the property involved; thousands of peo-
tie have made their homes upon the land in
dispute, under patents issued to them ty the
United States, and the case going against
them will involve, to them, the loss of their
homes ard the fruits OF years OF toll, but
aside from this, it is case which interests,
to greater or lees extent, the whole State.
II is question which has engros'ed the At
teption of a large number OF our people for
years past, and has constantly been disturb
ing elem. MI i'm our Safe politics; it has also