The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-10-24
TmENrNErY Million LAWSUIT

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THE NINETY MILLION LAWSUIT.
As has been stated in our telegraphic
columns, the Supreme Court OF the
United States Is this week engaged in
hearing the argument Of counsel in the
great case of the Missouri, Kansas and
Texas Railway Company, against the
United States and the settlers upon the
Usage coded lands, for the possession
of which lands the fight is being made.
The case Is one of great magnitude, in
volving, il is said, the hOmesteads of
ut least thousand families upon the
lands in dispute. The Missouri, Kan
FMS and Texas railroad claims to
have already morlgaged the lands
for about thirty millions Of dollars,
which Is not over one-third of their
actual value TO the settlers. The rail
road company is represented, in the
case, by Senators Edmunds, Conkling
and Erelinghuyscn, and Mr.. Phillips;
the United States by Attorney General
Pierrepont, and the settlers by Hon.
jeremiah s. Black, of Pennsylvania,
Judge Lawrence, Of Ohio, and. Gov
ernor Shannon, of Kansas. The Wnsh-
ington correspondent of the New
York Sun gives the points at issue in
the case rs follows:
1t concerns the reservation set aside
by the United States in 1908 for the
use of the Usage Indiana, and upon
which they resided In accordance with
the terms of the treaty made by them
with the United States in 1869 The
lands were then sold by the Indians
to the United States on condition that
the United would sell them according
to the land laws, and would apply the
proceeds In the form Of food and cloth
ing for the benefit Of the Indians, The
Government, by its proper officers,
made the sale accordingly, and n large
number of persons purchased. The
country was rapidly settled, and is now
occupied by II thriving, industrious,
and intelligent population, numbering
several scores OF thousands. Eight or
nine counties have been established.
They have churches and newspapers,
industrial establishments, and all the
institutions ola prosperous community.
The United States by the Attorney
General, and the settlers by their coan-
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
Interpretation. On the contrary, the
United States and the settlers assert
that those lands were expressly eX-
cepted out of the operations Of the
grant. The Secretary of the Interior,
however, overruled the settlers, and
contrary to the opinion of the Attor-
ey-General, decided in favor OF the
railroad company. He even gave tho
railroad company patents for the lands
upon which this large population We're
living. The settlers insisted that they
have the authority of Congress, of the
Attorney-General, Of the President of
the United States, and Of all the OIL
GERS of the Government upon their
side, and that the act of the Interior
Department in pNtenting the lands TO
the railroad company was n blunder,
ii 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
apparent plauslbilily,
Should the suits, OF which there are
two, be decided in favor Of the com
pany, the decisions will ruin apopu-
lous community, and will place the
United States in the unpleasant atti-
tude 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 u de-
cree entered to cancel the patents is
sued by the Secretary of the Interior
and to set aside the claim OF the rail-
road. The claim has been heard in
the Circuit Court for the District of
Kansas before Mr.. Justice Miller and
Judge Dillon, who concurred in de-
claring that the claim of the railroad
company was without foundation In
law or equity, From this decree the
railroad company appealed, and now
insist upon Il reversal of the Circuit
Courts decree. Senators Edmunds,
Frellnghuysen, and Mr.. Phillips
are here for the railroad. Sem
ator Conkllng is detained on po-
litical business, but is soon expected.
The magnitude of the property in-
terests involved, as well MS the nature
of the claim, excltes much interest.
The railroad claims the lands under
the section IN the general grant which
gives to the company every alternate
section OF land on each side of the
main road and It's branches. The Uni.
ted States and the settlers claim that
the Indian lands then occupied by the
Big and Little Osages We're expressly
excepted from this grant. The attor-
neys for the railroad seek to avoid that
exception by endeavorlng to prove
that there can be no reservation of
lands occupied by Indians. Upon this
technical question oflaw the case seems
TO hang.
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