Wilmington journal., 1875-10-29
/, Ninety Msss.uON law SUIT.


A Nz~ErX MsLs.uoN law SUIT.
TIsat,sgtr, Ghe p 'ss">sib" Oh the
Ds.sse IA .sd~.
T 70 case OF th4 Missouri, Kansas
al KS 2 .ilrp.d Gompany against |
the z i'd Srat4s apd tn settlers up |
on 'h. Usage cad.d lands will be ar
casd in th.. Uui.ed States SHpreme !
ln.c.t this we k. Tive ca L. il one of
gr.-,,t magni uia The .ilroad COM
pary c!.'ns to have ready mrrtgsged
the ,au,l~ for So 900, 900. shich is not
more than rne third of TIN ir actual
van TO tie se's er@. The raj road
C Iinpan. L. represent Il bv Senator'S
Eillnut~, Co IL hag Il d Efellnsnuy-
sel aud Mir. Paia;lps, the Uni'ed
.%iateS by the -Artnrney-i General, "hd
the settlers hy Judge b dck, Judge
Lawrence. Of OHIO. and Go ern II
Shanro ;, of Krnsas. The case vitaly
effects the hOu e ,;eads ard TIE IL: terl"l
Interests nf a large community cf peo-
pie. l co cttus tIe Reservation Set
aside by the United States III 1873 f'r
the use of t O aga lud;ans, ard up
Oh which they rns,d-d III ac ordanc-
with the Germs If tht treaty made ny
them with Toe Uni ed Stat.s in 1875
l
ans t. tt Unit 4 States on crnd 81 III
that the Uuited Stats QUIZ s9lt them
acoi G.rg 10 the a d avs. ard woe u
, apply tue p.ora ds, Ia Il f fu' in u} I 3'.
aud c ,otiiny for tne b Al IL Of the In
| d;ars. Ihe G. ,v=rnmelt. by its
| proper differs, III i,.a the sale accor-
| t:.,,pi,. ,s;,,i y "a - nnmber of pereous
/ la c;Ia~ed- i.i4 e ,untrv was rapid =
! 5, t.. ii ana IL how occupied by a
! .,:.:E.:tg. iudu~triou3 aud Intelligent
| rupI atiUn, numbering several scores
o1 tuous.snIs. z sht or niue counties
| nave been esl ,biished. They have
81 ircu., and newspapers, industrl ii
| ;2Ai tbiiAt neus, "nd all the institutions
/ OF =, ,,ro-p rous community.
The Unis.,i STATE ly the Attorney
/ GenelaI, abd the settlers by their
cpun~el, d~uy utterly hat the land ,
wh}cL, at the time of the grants, were
IL the occupancy of the Indiaus. bu'
which have since come into tn posses
sion f the settlers, were Included
within the grants to the railroad 10y
ary fair interpretation. On the con
trary, tie UuIted States and the set
4 Tiers ass-rt that these lands were ex
pressly executed out of the operations
of the graut. The Secretary of the
! Interior, however, Overruied the set
tiers, aud. cp.trary to the opinion ol
the Attorney General, decided in ia
vur of th+- railroad compay. He ever
gave the railroad company patents fol
the lands npou which this large popu
Iation were living. The settlers lnsls
ted tia they have the authority o
Congr ss, of the Attorney-Generai, O
the President of the United States, aut
of all the officers of the GoVernmen
, upon their side, and that the act o
the Interior Department IN patentlnt
the lands to the railroad compaD.
was bunder, f not something worse
, But the railroad company holds OF
with the usual tenacity of such cor
porations, and asserts Its claim lf I'd }.
. and with much apparent plauslbllty
Should the suits, of which there ar
two, be decided in favor of the com
papy, the decisions will rum popu
: lous community, and will place III
: United s. att. IN the Unpleasant attl
: tude Of having sold lands to which l
had no ,ltle.
The Attorney General, to reliev
: the United States ffom such an IN
t pile asaut Imputanon aud to quiet IN
apprehru>lo of tie settlers, ha
|
having q Cecise entered to Cancel tn
a patents .-su, d by the Secretary of Tia
iuterior aud to -et as d. the cial Ii q
ne RAJ road The aim has bee
: heard IN it- CilctIit Court from tn
= ID strict Il X ns'ts - fore Air. Ju TIC
: M;ll. AID Jndge DnIion, who Il
CURED ~ declaring that the claim Z
.he raj. Il com oaty without fOunda
non iu law uT eqi " From This de
I cree the raIlrnad company appealed
e aud now INSIST upHn reversal OF t.
, Circu Courts decree. The m,gIr
tude It the property Interests lnvn'Ve
: - VIII As tue nature of the claim, y
cites T,uch interest Eh-, raiiroa
- claInl~ uue iauus unotr tee oecuon l
: the general grant which gives to tn
= company every alternate section {
! !aud on elco -i,ir IF the main road an
:, It's branches. The CnIted States an
I the settlers claim that the India
lands then o, cupied 10y the Big an
/. Little OSages were expressly excepte
from tins grant. The attorneys for tb
!. railroad It ek t. avoid that exc ptlo
D by end 'avoring - prove that there ca
p De no reservation of lads occupied b
Indians. Upon his teconic's qieStlo
Of law the case seems to hang.