The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-11-22

which were not ineluded In the above
statement Of 1885, 734.63 acres, and
Which have been secured and approprI-
ated to its own use by the said railroad
company; and this. TOO, after indemnity
had been received for the lands so sc.
cured.
PROPER MEASUREMENT.
The attorney general says that the
company is only entitled TO land for
straight miles of constructed road, and
that no lands can be claimed for curves,
switches, side-tracks and sinuositieS
Attorney General Devens says, q claim
for Sir or eight sections for ercrg lineaI
mile Of road and its branches, idctudiRg
all Sinu0sities aud detiections from a
straight line. could not be tendbEe
The opinion was approved by the Sec
rotary OF the interior, and on October Is,
1880, transmitted TO the Commissioner
Of the general land Office, with q letter
for the guidance of that officer In the ad-
jnstment of all similar grants, g. L. o.
Report, 1881, p. 1853
Therefore, If the length of the road is
70 be measured by this rule, it will be
necessary 90 deduct from the 4691%
miles, as claimed by the company, the
length OF all curves, switches, side
tracke and sInuosities which have been
measured and counted by the company,
in order to make up the length claimed.
II is not 4691< miles in q straight
line from the city of Atchis0n via Tope-
ka To the west line of the state IN the
direction of Santa Fe. And hence, ten
sections per mile, for every mile less
than the distance claimed, must be de
Quoted in the adjustment of the grant.
Ten sections per mile on the excess of
miles claimed will more than offset the
list OF 169, 3S4 30 acres heretofore cerli-
fled and now in the hands of the COVER
nor of Kansas.
CONCLUSION.
In conclusion of this supplemental
brief, Agent Crawford says:
A great corporation like the Santa Fee
company, after receiving from congress,
as gratuitY, muniticent grant of land
ought, il would seem, to be satisfied,
without seeking, first under one pretext
and then under another, to enlarge its
grant at the expense of the government,
without condescendlng to contest on
technical points the rights OF homestead
and presumption settlers to cabin homes
on the prairie.
As q general thing, these people are
poor aud not able TO contend against a
powerful CORPORATION in the prosecution
or defense of suit either in the courts
or the department. Besides, they lack
the facilities of knowing all the techni-
calities of the law, and often yield their
rights without knowing what they are.
If the same rigid rule had been ap-
piled 10 the railroad company in con-
structing its grant that has been applied
to the settlers under the homestead and
presumption laws by some of the former
administrations the said company would
never have received an acre of land un-
der its said grant. l, therefore, in view
of the fact that the railroad company has
already received indemnity for every one
that its pretended title thereto be can
celled and the lands restored to the set
Element rights Of the people.
That the railroad company should De
allowed to contest and dispossess these
settlers of their homes in view of the
reckless disregard of the plainest pro-
visions of its own granting act, Is an
outrage that should not he possible,
much less tolerated, under civilized
government.
That this has been done; that the rail-
road company has dispOssessed settlers of
lands to which said company was not
lawfully entitled, and sold the same
lands back TO settlers at railroad prices
and upon railroad terms, is beyond dis
pute.
That it is in your great heart. as we'll
as the honorable secretary, in so far as
lies within your power. to correct all the
wrongs, protect the interests of the gov
eminent, the state and restore to the set
tiers mentioned their lost homes, / have
not the slightest doubt.
That you and the honorable secretary
have the courage and will to do your
duty in the premises, have the utmost
confidence.
The brief, which has been submitted
by Agent Crawford at the request of
Land Commissioner Mcfarland, follow
ing the denomination of the land grant
recently made in the department at the
solicitation of the attorneys of the COM
pany, we understand closes the case, and
decision in the matter will probably
be given before long by the secretary of
the interior