Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1884-07-05

he consideration of this bill as the
company whose grant should first be
forfeited, if any forfeiture should take
place, because of this seeming right re-
served TO continue the construction
and the right to mortgage as long "a
the construction should continue un-
by act of congress or other
act on the part of the government
which should amount TO a forfeiture.
There are number of other con- |
siderations which enter into this case,
which it is proper for me 10 mention |
at this time, as of Importance in de- |
termining the action Of the senate. a
question has always existed as TO
whether the grant attached to land in
the Indian territory The word 'ter-
ritories" is used in the act, but that
word in its ordinary significance
means the organized territories of the
United States, territories with civil
jurisdiction, territories with courts
aud other machinery provided by con-
gress, territories which are in that
preparatory or inccptivc state which
leads to the ultimate of states for adj
mission into the Federal union.
1t has been denied always that This
grant covered any land in the Indian
Territory. \ condition Of things is
now existing in the territory which
makes it to my mind certain that with
in a very short period of time some
portion at least of the land in that
territory will be open TO settlement,
and il makes little difference in point
of fact whether action of congress de-
clarinS the fact of the opening of these
lands shall precedc settlement or fol-
low il. because in the very nature Of
things, Judging by what has taken
place continuously upon the frontier
for the last forty years, no consldera-
BILE body of land which can be made
subject To the public land laws OF the
United States by action of congress
will remain long in condition not
subject to those laws.
Settlers are, As heretofore they al
ways have been, going ont upon the
| frontier. They are crowding upon
the arid line. They are all the time
seeking the good, the valuable. the
agricultural lands of the country. Ii
has been SO long the policy Of the gov
|
time a. the necessities of the situation
seemed to require, such lands as were
subject to its jurisdiction, that it has
come TO Re generally understood that
wherever there is land which is not
occupied, which the government may
acquire even though ii has not acqulr-
ed, persons seeking homesteads are
privileged to 90 upon it, and whether
the action of the government opening
it up precedes or follows that settle
ment is matter Of no consequence,
because the action will come in time
to answer all the practical purposes OF
those who seek the land.
Senator Plumb believes that The rail
road company did not acquire by rea-
son OF this act. any right in the Indian
territory, for the granting act di.tin-
guishe- between the government ol
the United States had control over
and those which were controiic by
the Indian tribes, and. instead of max
! ing the grant through the land, owned
by the Indians, it provided simply
that the railroad company itSel; might
negotiate. which ii has never done
with the Indians for such session a. il
might deem desirable, or might b ablC
to able to obtain from them There
does not seem to be any reason to be-
lieve that within Il reasonable tim,
| this railroad is To be constructed, al
least by those who own it at present
lie more fully explains by the follow.
ing statement
There is a large body of laRd in tht
Indian territory not occupied by any
tribe and not subject to The jurisdic,
ton of any tribe, land to which tho
government of the United State, IL
believe has title, subject, however. io
a conditional use which is made the
shield or pretext for Withholding il
from settlement. do not mean To
say that it is in the power Ofthc cy.
ecutive to open the land to settlement
because do not know that it is true
but certainly il is land which congress,
may open to settlement. and more
than that, it is land which congress
will be obliged TO open TO settlement
within brief period of time.
They arc lands now being sought
after by men who seek to make homes
upon them, and they are lands which
will be settled whether the govern,
ment takes action or not, within .
very brief period of time by men who
want homes, and who, seeing tho
lands open and being mindful
of the policy of tho government
heretofore, will 20 upon them, the
government to the contrary, notwith.
standidg. if that becomes necessary
in order that they may occupy them
Then we shall be brought face TO fac,
with condition ofthings which vii
require the openings of these lands t,
settlement; and if At that time the bur.
den of this railroad grant has not beer
removed the grant will immcdiatel,
attach, and the railroad company
stimulated undoubtedly by the settlers
will proceed TO construct their Road
and will. according TO the decisions 81
the supreme court, as we believe then
10 he. acquire each alternate sccIioi
of country which will then be occu
pied By settlers. and undoubtedly on
of the conflict which will cnsuc be
tween the railroad company and III,
settlers great difficulty will occur, ano
the general government will be Gale,
upon TO settle the difference between
the settlers who have gone upon IN,
lands and the railroad company.
There is no class of cases. so far rs
am advised. along the line of the road
in which interests have grown NJ
which require adjudication cXcep
they may be those of the railroad com
pany, and as | have stated. | do no
believe the railroad company has an,
right 10 assert against the govern
ment. Therefore there is no com
pleXity which requires iudicia! deter
mination. Ii is, believe, plail
question between the railroad com
pany. which has forfeited the gran
by reason of the failure 10 build. an,
the general government, which mad
the grant. and which, by reason Of il
having made it. and having made i
upon conditions which have been for
feited. has right now 10 step in an,
say that il will not permit any furthc
construction. but will take away Tia,
lands which have not been earned b,
the construction of the road.-Com