The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-03-29

RAILROAD LANDS IN KANSAS.
Kansas City Times: The brief of Hon.
s. j. Crawford. attorney for the state OF
Kansas, in the matter relating to an ex-
cess Of lands certified To the AichisOn,
Topeka 81 Santa Fe Railroad company
within the state of Kansas. has been
printed and is now before the public.
AS attorney for the state of Kansas Mr.
Crawford claims that iands 10 large ex-
cess OF what was Intended as the orIgi-
nal grant by congress in 1858. have
already been certified by the govern
meni, and that further amount is still
claimed by the company. and the object
of this plea before The secretary OF the
interior is TO stop any further ceriIfca
ton of the lands Of the company.
After stating the facts July, the con-
clusion Is this: II ask you. therefore,
for these potential reasons, not TO certify
n this company the remaining lands
within the grant until the amount Of
lands in granted limits. heretofore i'm
properly certified, shall have been made
known, and whatever remedy lies within
the administrative power Of the govern
ment to adjust the excess, has been APP
Piled"
The whole case is simple enough.
Congress granted this road every alter
nate section within the ten mile limit;
the whole length it ran through govern
ment land in the state of Kansas. For
the first 100 miles from Atchison west
ward, the road runs through Indian
lands, or lands already disposed of for
the benefit of the indians under treaty
stipulaiIOns, and these lands were ex-
pressly excepted from this grant to the
Atchison, Topeka and Santa Fe. The
total mileage of the road in Kansas is
1865 miles; deducting this 100 miles,
for which there was and could be no
grant made. as the lands through which
it ran did not belong TO the United
States, and there were but 26911 miles to
which the grant attached.
The company would be entitled to
$500 sections or 2.3Gl,6 acres. The
company has already 2.645. 03s acres sp-
proved and certified by the government,
and it demands 10000 more, making a
total OF 672, 1888 acres more than was
granted or intended 10 be granted TO
this road by congress. This is clear
enough. Mr. Crawford makes out a
further excess of 10000 acres, because
there had been prior disposal of lands
along the line Of the railroad for "home-
stead, presumption, school and internal
improvement purposes"
The contention of Mr.. Crawford is
simply this, that the company was en-
titled TO every alternate section for ten
miles wide along the line of the road of
all the lands not previously disposed of
by the government. What the company
claims is this, that IL is entitled to land
equivalent to alternate sections within
the ten mile limit that had been dis
posed of, to-wIt: The hundred miles of
Indian lands. and wherever else the
government no longer controlled the
lands, IA we'll as where the land was yet
IN control of the government.
Decisions of the supreme court are
cited against the company in cases
analogous 10 theirs, and instructions of
Mr.. Secretary SchuTZ, overriding and
Designating the rulings of the supreme
court, are the grounds upon, which the
interior department Ia now proceeding.
This is an important question, and
the stzte of Kansas seems determined to
push 1t to a hnal decision. In very
many instances the railroads have not
complied with the conditions under
which they received their grants. In
such cases they refuse to surrender their
presumed rights. In others, they claim
more than congress intended to give or
could give, and insist that their claims
shall be made good, on the opinion of
au attorney general and in face of the
rulings of the supreme court.
This is but one phaze of the great
railroad struggle that is impending in
this country. The power of these cor
porauons Is now so great that no mere
individuals could stand the least chance
for success against them. If such claims
as these which Mr.. Crawford is examin.
ing were prepared by an individual they
would be summarily dismissed. That
they have been favorably entertained by
the department of the interior is very
plain, aud now will Mr.. Teller stay pro-
ceediDgs?