Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1884-12-16
THE TURNER LAND CASE.

Walnut Grove Valley Farm, Dec. IL, "a.
To the Editor of the EAGLE:
l. this day, have proved up on my land
the second time, besides buying it once
from the Atchiscn, Topeka Il Santa Fe rail
road. The facts of the case, briefly stated,
are these: In the spring of 1871 ] came
into this valley and bought claim title on
unsurveycd government land of one VIM.
Dibbs, now deceased, paying him two hum
drcd dollars for his improvements, which
consisted of small frame house and some
broke-land. When it was surveyed by the
United States and the plats and files were
returned to the local land Office, then at
Augusta, / filed ID. s. 1913 TO preempt said
land July 10. 1871. | had settled on the
land April Sd, 1871. On August LIST, 1772,
| located military bounty land warrent No.
lO,953 in payment fer the same, and certifi
cate No. 1874 was issued thereon. On Octo-
Der 8, 1874, my preemption filings were can-
celled for the benefit of the Atchison. Tope-
ka x Santa Fe railroad as corporation
doing business in the state of Kansas, but
owned and controlled by monopoly living
| IN the city Of Boston, in the state Of Massa-
| chusetts. | had no knowledge of thi; trans
| action till some time in 1875, as | was then
stopping at Joplin, Mo. As soon as / was
appraised of the fact l commenced proceed
| ings for hearing in the case, which was de-
| MED me by the land commissioner, J. A.
Williamson. On April 2lst, 1876, an act
was passed in congress declaring that no
railroad should attach to any lands until the
plats and files We're returned to the local
land office in which the land was located.
In July, 1876, | commenced proceedings
with the Interior department to be reinstat-
ed under this act which was rejected by that
great reformer, the Hon. Carl Schurz, whose
every decision was in open violation of the
diSussion Of he Supreme Court, aud in ia
vor of the monopolies, the railroad compan-
les and against the settlers that he was the
bought demagogue for the railroads, there
is not question in my mind. On July
18th, 1879, | compromised with the railroad
| and bought the land Of them knowing at the
time did so that they had no lawful right
to the land, but there was no other altcrna-
tive AS the railroad had me sued withsa writ
of cjectment to get me off of the land.
About year ago last November, while the
railroad was knocking at the heart Of the
government for more land in the western
part Of the state which was rejected by
| the Hon. \. c. Farland, present land COM
missioner, in his letter to the secretary Of the
| interior, Mr.. Teller, stating that there had
been thousands of acres more certified to
the railroad than their grant called for |
wrote to the Hon. S. J. Crawford state agent
for Kansas, the full particulars of how had
been wronged by the interior department,
under the unjust decisions Of Carl Schurz,
and how / was forced to compromise with
| the railroad 20 save a home for MY family.
| lie wrote me that had bought my own
| land from the railroad and for me never to
pay them another cent, as i had already
paul tHtHi tHitf iIsti liiAitiilo, anu ht ih'
proper time he would institute proceedings
with the secretary of the interior for "A re-
opening of my land case. He filed his
brief before the secretary of the interior
Nov 80, 1888, asking re-opening of the
case. which letters, with one from the Hen.
Thomas Ryan, John A. Anderson and 5. X.
Peters or the same subject, were referred to
viewed the whole transactions iii the case
and in the conclusion of his very able and
lengthy report to the secretary says it is
therefore evident that the company was not
entitled TO this land and the approval Of the
same to the state was not in accordance
with the provisions Of the grant. This deci-
sion was reached in my favor January the
9th, 1884. About six weeks ago the railroad
relinquished their right to the land, il they
ever had any, and | homesteaded the same
and am in to-day with my witnesses to make
final proof. Ii will be readily seen | have
been over twelve years trying TO obtain title
to one hundred aud sixty acres of Uncle
Sans land. This has been one of the most
vexed cases, and don't suppose has a par
allel on record, and would make preacher
swear if he had any religion.
Very respectfully yours.
w " TrRNER