The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-10-19
A NINETY MILLION LAWSUIT
THv EI0DT EOR THN ross - ,IOH or
TUE OSAGE LANDS.


Tive n,'-- ouri, Wcrcas and Teas H"'iTend's
Mortgage ef $40. CnO.0O0 Case that
hnt,ts Thourand i'Nppt 'cmc"if fnd1.
WAsuiNUrOR, DOT. tS.-'ihe case OF tho
Missouri, X ,ue,s aud lcxis ltnlroad Company
ne inst the United states and the settl 'rs uVVn
the Osagc ccdcd landr will 10 argued Ia tho
Uni,ed states Euuremc Court TITS week. ihc
case g. one Of nttat magnitude. Tho rniltcad
company cllms 60 have ilrcady mor,gagcd the
lands fcr { ti00Dl,NO, which 4, not moro than ONE
thiri of thor actual value to the settlers. Tho
i'road oompany is rCptosontcd 10y Senators
Edmunds, Conkling. and FrclinehuSsen, tnd
Mr.. Pbillips; the United States by the Attorney
General aud the settlers by Judge Black. Judco
Lawrence Of ONO, and Gov. shannon OF Kan
eas. This CAGE vitality affects the homostends
and the material interests Of large community
of peopir H. concerns thu reservation set nside
h the United Stitcs in ISS Tor the use o. Tue
Osage Indians nnd upon w",." .noN ~ M r,.ic i
by them with the United states ~ lebn. no
lands were then sold hy the Indians 70 !ne
Uni cd ~ itcs on condition that w. unitv1 a
ktAtes would sell them according To the land
laws and would Apply the proceeds 10 the form
OF food and clothing foe the bonent oil the in-
diane Tho Government, by its proper onicers
~ mqdo tho sale accordingly, aud rye hummer
OF persons putchased. The country was rHrdly
settled, and Ia now occupied hya thriving, tu-
dustriuus, and Intelligent population, huuoer
| ing several scores OF thou. nnd-. Eignt or nine
chnrchcs nnd ncwspapcrs. Industrial estabsh-
menta, and all the institutions Of a prosperous
The United st1tes by tho Attorney General,
and the settlers hy their counsel, deny utterly
| were i'm tho occupancy Of tho Indian, but
| which h We since come into the possession OF
| the settlers. were included within the grants 10
| the ralrO ld BY any fair Interpretation. On tne
| contrary, the United States aud the settlers as.
sert that these lands werc expressly rex eSeep.ca Srt
| 'ary of the Interior, however, oNerrulcd the set
tiers. and contr ~ TO the opinion OF tue Attor.
| ncy-G encral. decided III favor OF the rallroan
| company. lie oven gave the railroad COMPANY
| patents for the lands upon which THIS large
| population were living. The retters insisted
that they have the authority q Congress, OF tho
Attorney General, of the PRESIDENT OF tno
| United ates, and of all the otnceTs oil the IoN
eminent rp0n their side, and that the aci OF the
Interior Dep rtment IN patenting the lands TO
the troad company wa. niunueI, @ u no, 1o,hI hI
on with tho usual tenacity of such computations
and asserts its Claim loudly aud WITH much an
should the suits. of which there are two be
decided In favor of the COMPANY, the decisions
will ruin pOpuious community, and VIII place
the United States in the unpleasant attitude OF
having sold lands to which IL had no title;
| Tho Attorney General, to relieve the lniteu
States from such an unpleasant imputatlon and
| to quiet the apprehensions oil Tue sett!eTH hAs
brought these suits with tho ooIect OF na.,hs h
| the secretary OF tho Intcrtor ana W set ASIDE
the claim Of the railroad The clsim his beer
heard IN the Circuit Court for the District O.
Kansas before Mr.. Justice Miller aud Judge
Dnlon, who concurred in declaring that th'
claim OF the railroad company was wlthOu
foundation IN law or equity. From this decree tn
railroad company appealed. and now insist upol
a reversal of the Circuit Courts decree nenator
Edmunds, Freling huysen, and Mr.. Phillips ar
here for the railroad Senator COnklng Is dc
talned on political business. but Is soon expected
| The magnitude of the property interests IN
yolyed as well as the nature OF the claim, excite
much interest The railroad claims tho land
, | under the section Ia tho general grant whio
gives 20 the company every alternate section . .
land on each side OF the main road and u
| branches. The United Statee and the eettler
, | claim that tho Indian lands then occupie
by the big and Little Osages were OF
|, | pressly excepted from this grant Tue attorney
| Tor the railroad seek TO avoid that exception b
| endoavoriug to prove that there @ an be no reaei
| vation OF lands occupied by Indians. UPON I'M
| technical question vi law tho cAss seeins l
| hang.