The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1884-03-14
THE KANSAS LAHD.aRAsTs.

THE KANSAS LAND.0RANTS.
Views Of Representative Hanback,. Of Kan
sas, in Regard 70 the Pacific Beads Be-
ing Inquired to Take Out Patents ON
TAear Lands In Order that Thy May be
sTAxeA.
In a late conversation with Representative
Hanbaek, of Kansas, the Washington CORES
pOndent Of the Kansas City Journal asked ::
you have had the question up before your
Committee on Pacific Railroads in the House
to cunpel the Pacific Roads to pay fees for
surveying and conveying their lands ?'' He
said, ''Ycs, the question has been fully dis
cussed before the committee. The commit
tee is not divided in opinion as to the neces-
sity for the passage of a law compelling the
roads to take out patents on lands granted
them in the acts of 1852 and 1854. By di-
rection of majority of the committee,
Mr.. Crisp, of Georgia, reported bill to the
House, which provides that it shall be the
duty of the railroads, within ninety days, to
file their certificates of selections of lands
granted them, in the Land Office, and pay
the cost of surveying and conveying said
lands, heretofore advanced by the Govern
ment. The bill further provides that in case
of default Oh the part of the company to do
so, then it shall become the duty of the
Secretary of the Interior to notify the
Acknowledgement of the United States,
whose duty it shall be to Immediately
cause suits to be brought against the
defaulting roads for recovery Of money adj
vanced by the Government in the surveying
and conveying of the lands. l objected to
the bill in that shape, for the reason that
under the laws delays, at least five years
go by before the question could be. settled as
to what amount was due by the railroads to
the Government Of course the great OBJ
ject in view by this legislation is to have the
lands placed for taxation, so as to relieve
the burden that rests on the shoulders of
the pioneers who are making the West an
assured success. If the bill of the ma
jority should prevail and the railroad COM
panies refuse to pay the fees, the Secre-
tary of the Interior would be by operation
OF law prevented from issuing patents and
thereby conveying titles to the companies,
the effect of which would be to make the
lands taxable. The first step in default in
the companies would be for the Attorney
General to commence suit in some Circuit
Court of the United States through which
the road defauiting runs. The railroad COM
pany would Immediately interpOse a de-
murrer to any bill on the ground that the
lands were not subject to patent until they
were acquired by the company under the
twenty-first section of the act of
1864. This involves question of
law which would necessitate carrying the
case to the Supreme Court for settlement
The suit for the recovery of the money due
remaining in allegiance until the decision of
the Supreme Court was made. Outside
their are many delays which would be easily
brought about. The final question would be
as to what amount was due the United
States. This would give the company de
PENDANT an opportunity to set up connter
claim and the question would be one of fact to
be tried by jury. As the amount involved
in the Union Pacific Railroad Is in
the neighborhood of 100000, it is safe
to say that probably the same trouble
would arise to arrive at unani-
NOUS verdict opposed this delay.
1 want these lands patented to the
companies and subjected to taxation, the
same as other property is. l believe it the
x,riSa anl fer d.,
fic and Union Pacific to pursue anyhow. l
know it would be best for the States of
Kansas and Nebraska So l have in con-
junction with Mr.. Wilson, of Iowa, filed
minority report accompanied by bill which
provides that it shall be the duty of the
Secretary of the Interior to issue patents
and cause them to be recorded in the Gen
eral Land Office of all the lands granted the
Pacific Railroads under the acts of 1862 and
1864. That when the patents are issued and
recorded, he to notify the roads that he is
ready TO deliver them on payment of the
fees due from said roads to the Govern
ment. In case of default ON the part of the
roads to pay the sums certified by the Sec
rotary to be due, then it is made the duty of
the AttOrney-General to cause suits to be
brought for the amO,sait of money due. That
the lien which the Government has on the
lands shall not be discharged by reason of
such patents and transfer of titles to the
roads. The difference between the two bills,
is this The first sues to recover the
amount due before issuance of patents sub
ject to the laws delay. The other issues
patents whereby the lands become imme-
.diately taxable and cause suit to thereafter
be brought for the recovery of what amount
is due by the railroads to the Government.
I hal baf no nff ha rxxrin
be adopted. 1t is certainly right. Because
the Government can far better afford
to wait for any sum due it from the railroads
than the people can afford to bear alone the
burden of taxation that has been imposed on
them by reason of failure of the land grant
road to take out patents as they should have
done long ago. think there ought to be an
additional provision and believe there will
be, that in sec ions of the country where
large portion of railroad grants are situated,
from the west line of Kansas through hun
dreds of miles, the lands should be divided
up in large bodies, ten to twenty miles, al
ternating one to go to the road, one to the
Government, and by this means
the question of immigration, and put
ting these lands into pasturage might
be far more easily solved than it would be
with the subdivisions so small as they now
are. As | said, the lands would immedi
ately become taxable on the issuance and
recording Of the patents by the Secretary of
the Interior, and 1 need only call your
attention to decision of the Supreme
Court in the case of the Railroad VS.. Nc
Shane, Do Wallace 444, where 1t is expressly
provided by the court that the issuance by
the Secretary and recording your protest to
laws granted to the Pacific Road, immedi-
ately divests the United States Of all patents
and Of course said lands at once become
subject to taxation"