The Butler weekly times. (Butler, Mo.) 1881-1918, 1882-01-04
Right of Way.

= Right Of Way.
Washington, Dec. 3I.-Secretary
of the Interior Kirkwood said to-day
with reference to the reported hitch
in the proceedings toward giving
certain railway companies the right
of way through the Choctaw nation,
that he had received letter from
the governor OF the Chickasaw tribe,
informing him that adelegation from
that nation was en- route here to en-
ter a protest against the granting the
right of way. unless the matter was
presented for their consideration and
consent. The secretary said he did
not know what reason could be as
assigned by the Chickasaws for this
objection. The proposed line OF
railways passed through the lands
allotted to the Choctaws, and did not
at any point touch the Chickasaw ter
ritorY; consequently they had no
right to protest on the ground OF in
reference. The only reason he could
think of for the action of the Chick
asaws was a fear on their part that
the granting of the right of way
would open up the reservation to a
flood of emigrants; but such a fear
would, he said, be groundless, as
the right of way would be granted
with such conditions attached as
would make trespass on the lands OF
the Indians impossible withou their
consent.
THE ELECTIONS COMMITTEE.
Immediately after the reasscmbling
of congress the attention OF the house
elections committee will be given to
the motion which has been filed by
Mr.. Frank J. Donovan of St. Louis,
counsel for Representative Frost in
the Sessinghaus-Frost contest. The
motion is to suppress the dispositions
submitted in the case, on the ground
that the notary who took the deposit
ions permitted the written testimony
to pass from his custody and into the
hands of counsel for Sessinghaus, and
that while cut OF his hands it was al
tered, many names and places of
residence of voters beng changed
and parts of testimony erased, and
all this without the consent or knoYl-
edge of Frost or his counsel. OF
course the elections committee will
be compelled to consider the motion
made by Mr.. Donovan, which is ac-
companied by affidavits setting forth
the above allegations. AS the testi-
mony IN the case is very roluninous,
and as 1t cannot go to the printer
until after the motion is disposed of
the delay in final action in the case
will be greatly prolonged. 1t is
difficult to see how the committee
can justly refuse to grant the motion
made by MFR. F'rost's counsel.
GROUNDS FOR THE MOTION.
F. 7. Donovan OF St. Louis, Mo. +,
counsel tor Representative Frost, has
filed motion to suppress all affida-
Wits in support OF the contest in the
case of Sessinghaus VS.. Frost from
the Third congressional district of
Missouri. The grounds of the mo-
ton embody very grave charge,
which the affidavit OF the notary who
took the depositions admits to be
true. In brief, the allegations are
that since the testimony was written
: it has been out of the custody of the
notary and not safely kept as the law
demands that it has been in posses
sion of strangers not under the con-
troll of the officer; thot it hos been
by them handled, written upon and
altered; that without the knowledge
or consent of Frost or his counsel, it
was all taken from the notary by one
of the attorneys for Sessinghaus, kept
in his office and written over by him.
Many names and places of residence
of voters are changed and parts of
testimony erased. Affidavit further
state state that the attorney denied
that be had any OF the dispositions
except that of one day; but his let
ters are fled acknowledging the re-
ceipt of the testimony of a great many
days, and the notary swears that he
had many other letters to the same
burport. and that he got FROM him
every page of the dispositions.
The house committee on elections
meets Thursday, when it is expected
definite action will be taken upon
Donovan motion.