The Andrew County Republican. [volume] (Savannah, Mo.) 1871-1876, 1875-10-29
A nInETY-KILLI0N DOLLAR LAWSUIT.
The Missouri, Kansas and Texas Rail-
road's Mortgage of 0O,O0O-A
Case that Affects a Thousand Happy
Homesteads
From the New York SUM-

~ AN 4Ai'o'"Ai1 VIZ s'
road Company against the United
States and the settlers upon the Usage
ceded lands will be argued in the United
States Supreme Court this week. The
case is one of great magnitude. The
Railroad Company claims to have al
ready mortgaged the lands for S3O,0OO,-
900, which is not more than one-third
of their actual value to the settlers.
The Railroad Company is represented
bv Senators Edmunds, Conkling and
FrelinghuySen, and Mr.. Phillips; the
United States by the Attorney-Gencral,
and the settlers by Judge Black, Judge
Lawrence of Ohio, and Governor Shan
non of Kansas. This case vitality affects
the homesteads and the material inter-
ests of a largefcommunity of people. 1t
concerns the reservation set aside by
the United States in 1903 for the use OF
the Usage Indians, and upon which they
resided in accordance with the terms of
the treaty made by them with the Unit
ed States in 1868. The lands were hen
sold by the Indians to the United States
on condition that the United States
would sell them according to the land
laws, and would apply the proceeds i'll
the form of food and clothing for the
benefit of the Indians. The Govern
ment by It's proper officers made the
sale accordingly, and Il large number of
persons purchased. The country was
rapidly settled, and is now occupied by a
thriving, Industrious and intelligent
population, numbering several scores of
thousands. Eight or nine counties have
been established. They have churches
and newspapers, industrial establish
mentS, and all the institutions of a pros
porous community.
The United States, by the Attorney
General, and the settlers by their
sci, deny utterly that the lands, which,
at the time of the grants, were in the
occupancy of the Indians, but which
have since come into the possession OF
the settlers. were included within the
grants to the railroad by any fair inter-
probation. On the contrary, the United
States and the settlers assert that these
lands We're expressly excepted out OF
the operations of the grant. The Secre-
tary of the Interior, however, o]verruled
the settlers, and, contrary to the opinion
of the Acknowledgement, decided i'll
favor of the railroad company. He wen
gave the railroad company patents for
the lands upon which this large popula-
ton were living. The settlers insisted
that they have the authority of Con-
gress, OF the Acknowledgement, of the
President of the United States, and of
all the officers of the Government upon
their side, and that the act of the In
terror Department in patenting the lands
to the railroad company was a blunder,
if not something worse. But the rail-
road company holds on with the usual
tenacity of such corporations, and as
serts its claim loudly and with much ap-
parent plausibility.
Should the suits, of which there are
two, be decided in favor of the COM
pany, the decision will ruin a populous
community, and will place the United
States in the unpleasant attitude Of
having sold lands to which it had no
title.
The Attorney-General, to relieve the
United States from such an unpleasant
imputation, and to quiet the apprehen-
sions of the settlers, has brought these
suits with the object of having a decree
entered to cancel the patents issued by
the Secretary of the Interior and to set
aside the claim of the railroad. The
claim has been heard in the Circuit
Court for the District of Kansas before
Mr.. Justice Miller and Judge Dillon,
who concurred in declaring that the
claim of the railroad company vas with
out foundation in law or equity. From
this decree the railroad company APP
pealed, and now insist upon a reversal
of the Circuit Courts decree. Senators
Edmunds, Frelinghuysen and Mr.. Phil
lips are here for the railroad. Senator
Conkling is detained on political bust
ness, but is 500 expected.
The magnitude of the property inter-
ests involved, as well as the nature of
the claim, eXciteS much interest. The
railroad claims the land under the Sec
ton in the general grant which gives to
the company every alternate section of
IFS branches. The United States and the |