The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-11-22
MORE ABOUT The A.. T. s. F. LAND
GRANT
SUPPLEMENTAL Brief FILED by state Agen
a,rawGnrd

CfSULOE0s
Commonwealth: Through the cour-
tesy of State agent Crawford, who is
still in Washington pressing the claims
of the state of Kansas against the several
land grant railroad companies in the
department of the secretary of the inter
ior, the Commonwealth has received
copy of his latest brief fled with Lends
Commissioner Mcfarland, IN the matter
of the Atchlson, Topeka 81 Santa Fe
land grant, a synopsis of which we here
with present for the benefit of our
resders.
In this breif Agent Crawford, after
tersely referring to the point empha-
sized in his previous argnmenls. name
lY, the lands exempt from the operations
of the grant such as Indian reservations
grants previously made to other railroad
companies, military reservations, school
lands, etc, proceeds to discuss the terms
OF the granting act in relation 20 the
construction OF the
NEOsHo BRANCH,
which the law declares should be built
from the main line CROSSES the NeoshO
q own The said NeOshO valley 20 the
point where the said first named road
H.. l.. l. q, Il. RI enters the said Neo-
shO valley"
Upon this point, quoting the law
which declares that IF part OF said
road and branch is not completed within
tell years from the passage Of this act,
no further sale shall be made, and the
land unsa'ld shall revert to the UnIied
StHtesp Mr. Crawford aaVs.
The NeOshO Valley Branch, as the
honorable secretary of the interior has
been officially informed, has never been
constructed either by the AtchisOn, To
peka II Santa Fee railroad company ar
bV any other company.
There is no such road IN existence.
Net only has the secretary been official
ly informed of the failure of the com
pAny tO construct this part Of the road,
bnt the fact is still further shown by the
absence of any such road on the com
pany's map al constructed road, now on
file in the general land Office. This map
shows the main line of said road from
| the city of Atchison via Topeka and
westward.
But as for branch from where the
main line crosses the NeOshO. dOGOn the
Ne0ShO Valley TO the point toheFe the
LedUeRtOOrfh, Laurence d GGt0estOn road
enters Sdid galley, the map does not
show it.
1t does show, however. a railroad from
Junction City via Emporia and down
the NeOshO Valley, Intersecting the l..
l.. and q. road at Chanute, some twenty
five miles from the point where tho last
named road enters said valley.
This road is marked ON said map as
the NeoshO Valley branch of the Atchi-
son, Topeka & Santa Fe railroad. But
the said map shows that it does not run
within tweiVes miles of the point where
the Galveston road enters the NeOshO
| Valley
Besides, on file In the same Office is
another map Of the same road, or, rather
over the same ground, showing the
| same curves, sinuOSities, bridges and
stations from junction City via En-.
pOria, and down the NeOshO Valley to
Chanute and southwark. This road,
| however. is marked on the map as the
Missouri, Kansas & Texas railroad, and,
as the record shows, was built under
charter from the state and separate
land grant from the United States.
FORFEITURE OF GRANT.
| The maps of definite location OF the
AtchisOn, Topeka and Santa Fee railroad
show wide departures from the line of
road as constructed. Starting at a
point SIX miles south of Topeka, the
road AS constructed DIVORCES from the
| line as definitely fixed" and that di-
veTgency wldens To distance of several
miles, until Burlingame is reached.
The same is true of the two lines be-
tween Burllngame and EmpOria.
Again, at the sixth principal meridian
the two lines diverge, and the diver
gencY continues for distance OF thirty
| FIVE miles. The limo as definitely lOca-
ted, and upon which II withdrawal was
made running via Wichita, while the
constructed road runs some twenty
miles north of Wichita. Again, at
| range thirty-seven west the road diver
| ges from the line as definitely fixed, and
| the emergency continues and widens un-
1 til the west line of the state is reached.
| For distance of more than one
hundred and fifty miles, between the
city Of Topeka and the west line Of the
| state, (Where there was no natural obstA-
Gle WhateveT) the line as definItelV To-
Gated was abandoned by the railroad
com ,1anY, and the road constructed on
an entirely different line.
One Of ttoO proportions is indispNtGbiy
true: Either there a6GS no UdGid Gofth-
Syatodl Of lands until the line ofthe TOGd
sods fired gchere IL Sods actually 6u9lt, or
| SO much Of the grant godS abandoned as
lods affected by a chGngeQf location after
Isthe aoithdrGaodt lOGs made =
II, therefore, the company had no right
to change its route from the line Of
definite location, the grant could not he
changed, or floated from where such To-
cation placed it.
And if this could not be done, az it
clearly could not. if language has any
meaning, then the granted sections with
in the limits of the first withdrawal were
forfeited, and, under the grating act, re-
yeried to the United States.
The lands so forfeited. as you will oh
serve by comparison of map of the
road as constructed with that of definite
location, are more than sufficient in
quantity To cOunterbalance the list of
1875, 1884 30 acres recently certified TO the
state, hut not yet conveyed tn the rail
road company.
RIGHTS OF SETTLERS.
When the limo of road was definitely
fixed. the odd sections withdrawn, and
the even numbered sections increased IL
double minimum, other rights then in
;erYenel.
Homestead and pre- emptiOn settlers
in consequence OF such location and
3 withdrawal, selected and purchased the
even numbered sections at double mini
|
+ acres were taken instead Of one hundred
. and sixty; and pre- emptiOn claims O
eighty acres were purchased AT two dol
lars and fifty cents per acre instead o.
I one hundred and sixty acres at one dol
:. lar and twenty five cents per acre.
r Settlers selected these double mini
mum lands on account of the definite 10
cation of the road And il, after such
] selections, the location could Ia ehanget
4 the double minimum system is a delu
= sion and a fraud.
THE GRANT OvERsATIsFIED.
Concerning this important point
;. Agent Crawford thus speaks:
Il "The following official statement
made up from the Fecorda of the Genera
|. Land Office, and furnished by the hon
orable commissioner shows, the Presen
status 9th grant, and what the rail
4 road has received, with the exception q
one list Of 1893 ,::;S4 30 acres within grant
q ed limits. which has been certified to tn
state and is now in the hands of the gov
ernor, who, as am informed. will with
e hold the same until the whole gran
J. shall have been adjusted according u
f law:
Statement IF Grant to d, 4. d. s. i
l. Il. e. 90.
s Area Of odd sections in ten mile limit
II of same 1890 ,574 % acres, which appea
\ on the records of this office as follows
tO.wit:
Kiekapoo Re ervation. ......... coo
g Delaware Reservation .............. Ig9 236 Z
PottaWRtomie Reservation - 3I,3a3
q Sac and Fox Reservation .... 1O5, 0l3 Z
10 | Kansas Reservation. ....... IS.l3 =
. KaW halfb breed (estimated) -.... 4.767. 4
Usage Gtrustl Observation-Disclosures. 3i.l40.a
Fort Larned Reservation. ..-....... 5,OSl.d
Fort Dodge RESERVATION. l6, a9le
Patent 70 4. r. Ry. CO...... 2,O70
Patent to T.. Il. U r. Ry. Co.,. 1896
,. Patent to n X & 7. RY. 20 -. a3.4429
Disposed OF by entries etc .... 467, US 9
y Approved for II q s. re GO. :. 5123, 96s. .
!, | Vacant .......-......,-.I.-.. SOD
1
J. Total area ap1O.s74 ]