The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1876-01-13
wv SIDE OF TmE QUESTION.

Mr.. EhToR- Now that the election is over and my
name no longer useful to call up spirits of evil shten
voting adversaries permit t, say a few words in
own defense regarding my acts Commissioner in
ses~ns damages to lands taken by the Atchson Ne
braska Railroad for right of way purposes.
of the fact that still the subject of
make complaint h,l thlt the public act, of all
men should be open tn scrutiny otherwise there wlu
be no correcting evil where the law does afford
adequate remedy.
If there be anything wrong in the of sail Com mis-
sioners, am willing it should be known. We
to perform duty the Law directs and expressed
in the statute of 1868 tp 2i2 - and where in den
ing the duty of Commissioners ampns other thin il
the land should he carefully surveyed an after
ascertainng carefully the quIny Of land necessary for
such purpose out Of each quarter section other lot of
land through which said route sletracks &c, is To-
Gated and GPprdse the raiHe Of suck portion Of such
quarter section other lot Of land aud damages
thereto This is the whole duty of the
defined BY law and sworn perform tn At duty
according TO idT and the law says ni ''the
vaus Of the land taken, and the damage thereto AMI the
only trouble was t. ni out isre t. apply this dImIys
whether to the whole farm, first held the lanl
taken rs expressed inshe statute the other Conms
soners held and sir roya British talk AMI pure Amer
can nso bears them out in this construction of the law
The language is clear; its import alone was clondy and
at that time there had been legal construction
clause and their construction entitled mnch
respect As mine TO the least Of it. AMI yeIdsl the
point and sought to find the value of the land taken
Once only did set lower value the land and damage
than the other Commissioner and that was in the hat
below Doniphan where the river cutting away fast
The real value less than that allowed in my uIs
ment and without the railroad imp rovement the land
would have been swept away long since he road made
this land valuable by protecting and but only
if my memory serves me-did the dImlge at
less than i've dollars and that through slough
White Cloud and at that time doubt any in his
sober would have valued the Ian tissn hithsr
than We did. valued the enclosed lanI from five
twenty dollars per acre except in the valley Of Fan
ming That said worth SIS per at least. The
road runs along the brakes Of Rock Creek and of Cab
bard Branch and is generally the least valuable of the
whole tracts but there large tract of wild dnls
under water, below Iowa Point that valued IS or
less per and would have paid more at the time,
and made effort to raise the value of this land The
most of the damage to farms along Rock Greek and
Gabbard Branch: and there the road runs along the
brakes Of said streams and the land taken is generally
the poorest Of the farm
In vauing these lands sir know did my duty to the
best o my ability, and believe the other Commissioners
did theirs they understood and if there
II was Of the head and not the heart 1t not place
TO become faetous about dieren in judgment
and 50 signed the report agreed upon by the majority
True of the land would have raised considerably
out they differed with me- and had good right TO
Judge Of the matter myself and compromised the
report
Having done my duty cousciencoasly. AMI believing
that those who know will regard it. leave the
natter hoping those who agsreveI will not blame
Or our misconce ptiOn Of the law.
Yours, respectfully.
DoSIPHAS. Jan. 4 1876