The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-11-29

Topeka Commonwealth: M-.srs Clay
ton Il Clayton. attorneys At law, Il Great
Bend, Kansas, are in receipt %; letter
from : J. Crawford, daied at Washing
ton October :;0.h, written ia reply To in
quirirs made by the absyc ~ ntlemen
res pscIing the present sIAias Of the San
Is Fe grant in The initrinr .i-f'artmenI.
which clearly presents the mere ImpOI-
tant points IN The several hrlrIH which
have been submitted 10y Agent CraW.
ford. Mr.. Crawford say:
The railroad company has no rowing
commission IL Is bound, either ny IL I:
line of definite location, oT The line of
road as constructed. IL cannot clam
and hold lands under both. Clearly,
the company hSd no TIghI, as | have
shown, tO change or fhat Its e ant, from
the line as definitely fixed. la Inc line Of
constructed road but the cumpany's at
torneys here are lAbofing hard TO estSb-
lish It's right 20 do so In fact, it is ab
sOluIely necessary for them io take this
position in order To show any right
whatever TO q list of 189 4S4 acres of land
claimed, sud nOW IN the hands OF the
governor. The company right Ia this
i1nO, HuiCu - WttuAu 4uC = tobAOu III tCiI
mile limit, hangs on two points, one az
TO whether the NeoSkO Valley Branch, a.
required by the granting act, WIS ever
constructed, and the other as above
mentioned, |. e., the liHe at definite loca
ton having been established by the
cOmpany's map thereof, approved by the
secretary OF the interior aud fled In the
department, the odd sections with
drawn and the even sections increased
10 double minimum. the line could
not therefore be changed without the
assent of congress. This could not
be lawfully done because Of other inter
vening rights. Those settlers who took
homestead and prescription claims with
In the limits of the first withdrawal al
double minimum would he defrauded
thereby. Congress never contemplated
anything of the kind. Yet the change
has been made. and the floating of the
grant attempted. Having abandoned
the line of definite location, il became
necessary to float the grant to the road
as constructed.
$50 you see the company must either
let go on your cases and all similar
ones, OF surrender all claim to the 1888,
1874 acres new in the hands ot the Gov
ernor. II cannot claim lands from the
United States under one location, and n
the same time contest the right OF set
tiers TO lands under another location.
Following, in this letter. Agent Craw
ford makes an extended argument OF
the indemnity question. stating, IN re
spone to q special inierTogatnry by TIT
Messrs. Clayton, that for "all tracts ly
ing within the ten mile or grantee
limits, that were settled and filed upoI
prior to the date of definite location, thI
company has already reeeiCed indemnify
therefor, and hence are not entitled 4
then" Also, "if said tracts are within
the indemnity or second ten mile limits
and we're settled and filed nn before The
so called indemnity lands we're selectef
fan lieu of lands lost by the company
the settlers will hold them" Mr.. Craw
ford says:
The company has already received in
demnity tor every acre of land within
| the granted limits, which had beer
| taken by settlers, reserved or otherwise
disposed of prior to the definite loca.
| ton, and thousands of acres besides
and after the grant had been more thar
satisfied, the right OF the identical land
for which the indemnity has been given
Is being contested by the company
| Hundreds of settlers in Kansas have los
| their homes in this way, because they
were unable TO contend with such cor
pOratiOn Tor their rights. Every one o.
such cases ought to be ripped wide Oper
| bV the courts, and the company com
PEELED to restore the lands 10 the right
tul owner and refund the money wrong
fully wrung from such owners.
In conclusion, Agent Crawford usei
the following language, which will
doubtless stimulate score of lerC
agents along the line of the Santa 81
railroad to enter upon similar worl
with the Messrs. Clayton:
al am glad that you have taken hole
of the matter IN earnest Iou have I
WIDE field in which TO work. | trust
that you will leave no stone unturned
but prosecute every case with all posi-
BILE energy and vigor until every such
wrong in your part OF the state IL
righted.