The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1882-03-30
TAKING RAllR0AD LANDS.

kroooe August Wellington 7 q
Kastner Daniel Wells q w
TAXING aAilRoAD LANDS.
Yrso Tie rcpeks Comnoovsaish-
History Of Attempts to Eject II.
BY the act Of July 1. 1852, Congress
passed an net chartesing the Pacific
Railroad and branches, including the
Kanaas Pacific. A grant Of land We
given, consisting IT alternate sections.
an each side 81 the road for twenty.
i've miles. The bonds Of the coinpa.
ny were also endorsed by the United
States to the extent Of el6. 668 per mile.
BY the terms Of the act Il was provid-
ed that the bonds should issue and the
lands be patented - each forty milss
were accepted, but Il was also provij-
Cd that all Of these lands the company
did not sell within three years Of the
completion Of the road. were to.be dis.
| posed Of for the benefit Of the cOInpa-
ny by the United States Ut &l.2S per
acre.
BY subsequent legislation In 1854
aud 1885 the United States accepted .
second mortgage for its bonds, allow.
ing the company tn place q fret mort.
gage on their property to the same
amount. II va. also enacted that the
company should, before obtaining
patent, first pay a small fee for pay
Ing expenses. This latter. although
ostensibly done In the Interest Of the
United States. was intended to exempt
lands from State taxation, but there
are grave legal doubts whether the
United States had any such power,
under the ordinance by which the
State agreed for certain grants made
to II to exempt United States land
from taxation, but not land that had
become the property Of any other per-
son or interest. To show that the
company considered the land fully it,
own after such legislation In 1888 and
1857 they mOrtgaged It. so fast -
they sold the land the company took
patents for the tracts thus disposed
Of; but this performance could not
have been carried on save under .
| very complainant executive, willing
To construe the lay In their favor. In
this way the different branches Of the
Pacific railway held nearly Any mill
lions Of lands for purposes Of specula.
and taxation but ~ fast ~ they sold
to any man he paid taxes. Other rail.
road companies took their lands and
paid taxes.
Believing the lands to he taxable
number Of counties in Kansas pro-
ceeded to Assess them. and made tax
sales In many cases. Where the com.
pany sold the lands thus sold for taxes
they had to redeem them for the
purchaser. but Immediately sued the
cs,unties 30 taxing for the money.
SO the matter ran on until Col.
VIM. A. Phillips. during his first SEES !
sion In Congress. knowing Of this
abuse, and living in the center Of the
State. where the evil had long been Q |
subject Of complaint. introduced bill
to have the lands taxable from the date |
they issued to the company, where |
they had been assessed and taxed. and |
providing where the company failed
to discharge Its duty that the patent
should be issued to the holder Of the
tax title II he did. This bill would
not only place the lands on the tax
roll, but relieve the counties sued from
bill. after Q hard contest. was put
the house early In the first session Of
the Forty third Congress. 1t however
died In the Senate committee without
reaching vote at the end Of the en-.
suing second session. "a oil pending
bills die at the close Of the last session
OF each Congress. |
The first day the States were called
In the ensuing or 44th Congress the
same bill, word for word. was intro
duced by Col. Phillips. again 1t was
put through the Committee and the
House early In the first session, but at
the end Of the closing session Of that
Congress II again died without reach.
ing vote In the Senate.
The first session Of the 45th Congress
was u short session, but Col. Phillips
once more introduced the same bill,
and once more fought IT through the
Committee. He had In each case sue.
ceeJed In sending II to the Committee
on Public Lands, Of which he was a
member during his first Congress.
While the bill was favOrably reported
from the Committee to the House. II
was placed by the Committee In the
hands Of person who was either In
efficient or treacherOus, and who did
not bring It to vote, although siren
uously urged to do 20 by members
from several Western states.
During the same 45th Congress,
senator Plumb. who was also from the
western or central portion Of this State,
that being his first Congress, introduc-
ell bill differing In character. under
which the back taxes could not have
been collected but would have put
them from Its passage on the tax roll.
That bill he succeeded In getting
through the committee and passed the
close of the last session ofthat congress
and went to the Speakers table with
q large number OF other bills. Al.
though number of gentlemen In the
House, including Col. Phillips, were
to pass the Plumb bill, the
Speakers table was never reached. a.
the majority was determined to pre-
vent several measures upon II from be-
ing reached. The only way II could
have been reached was by general
which Of course could not
have been obtained. The bill indeed
could not have got two-thirds vote.
In the Forty sixth Congress no &C.
ton was taken by the House during
any Of its sessions on any measure Of
that character. In the Senate Col.
Plumb again introduced his measure;
lt again passed through the committee
hut Il failed to reach vote before the
final adjournment. II
In the F0fty-0eventh, or present
Congress, Senator Plumb again intro
iuced his bill, which there II some
will be reached and pass
I'd. Mr.. Anderson In this Congress /,
introduced bill differing from either.
Tt does not provide for the back taxes :
when assessed but provides that nine
" days. notice shall be given the COM.
pany to pay the surveying fee. and
.has they, on failure TO pay, shall be
,ued for Il In the United States Court. }
section 8 provides that after the date
II the notification the lands shall be
'ubject 10 State taxation. Many con-
Iider this bill not - good ~ Col.
Plumb's for the reason, - IL claimed,
hat Il entails litigation that may last
or several years. or - long - the COM
ANY may desire to escape taxation.
David Beebe has eight year old blue
Irass sod to sell; also artichokes,
forth Carolina seeding peach trees
md the very best blackberry vines.
i