The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1886-11-12
GLORY HALLELUJAH /!
The Land Question Settled At Last
And Settled Right!
BREWERS DECISION REVERSED

BREWERS DECISION REVERSED
The Supreme Court Decided that tn
|. Railroad Title to the Odd Sec.
tions is Perfect.
Tuesdays daily papers contained
the following dispatch:
| WASHINGTON, Nov. s.
The decision in the case Of the Kan
sas City, Lawrence & Southern Kan
sas Railroad company, appellant
against Benjamin Brewster. attorney
general in behalf of the United States
was delivered. The original suit
brought by Attorney General Brews-
ter. was to set aside certain instru.
ments in writing which convey title
from the United States to a quantity
of land in eastern Kansas. Congress
had granted the lands in 1866 to the
state Of Kansas to aid i'm the cOnstruc-
ton Of q railroad through the NeOshO
Valley from Fort Riley to the SOUTH
ern state line. and the act contained
the usual Indemnity" provision, to
the effect that lands other than those
specified in the grant shoult be given
to the company in place Of any speci-
fled lands which might then be taken
under the homestead and pre-empti0n
laws prior to the location Of the road
Under this act the road was built and
| in due time the claim was made for
/ is,ha ifN, ti ID, lii,
recognized by the interior department
and lands certified To the state for the
company. The validity of the certiti-
cation by the interior department and
patented to the state by the company
Was attacked on the ground that by
the ae. Of March 3, 1863. and supple
mentary act July l, 1864. the lands
became appropriated to building an
other road through the same region.
II was maintained that these grants
prevented the company from realizing
the bounty from congress because there
is in the act Of 1866 an express reserva-
ton of any land. granted previously
for railroad purposes. This view was
sustained by the circuit court, but the
supreme court finds that congress in
tended by the act of 1886 to unity all
the acts on the subject into one grant.
The decree Of the circuit court is re-
versed and the case remanded with in
structions to dismiss the bill. The
opinion was delivered by Justice
Miller.
That dispatch brings the best news
to Allen county that it has heard Tor
many years. 1t tells us that after long
and weary waiting the troubles that
have cursed the county are finally
settled, absolutely settled. True this
decision applies only to the odd Sec
tons in the indemnity limit. but it has
always been conceded that if the set
tiers could not win these lands there
was no possible show for them to win
any others. The suit on the even Sec
tons that was ordered some time ago
has not yet been entered on the dock.
ct, and the probability now is that it
will never come to trial, as there can
be no possible question that the result
would be to confirm the railroad title.
So it is ended and the. long fight is
over.
And the satisfaction with which the
REGISTER makes this announcement
is not lessened by the fact that it bears
with it a complete and triumphant
vindication of the course this paper has
taken on the question ever since it has
been under its present management.
For four years We have maintained in
season and out of season that the men
who. bought railroad land in this
county would lose nothing. We have
told the Leaguers that they were fight
ing fight that was bound to lose, and
We advised them long ago to give it
up and buy their lands. For this adj
vice, which was honestly given, We
have been repaid only with their Bit
terest enmity.
But we can afford now to be mag.
unanimous. The question has been
decided by the highest court in the
land and the decision is against the
Leaguers. The only sensible and pa
triotic thing for them to do now is to
accept the situation, buy the land they
are on if they can, or give possession
quietly to the rightful owner. OF
course if they choose they can continue
the fight and compel the owner to ap-
peal to the law. But We trust they
will not prolong the struggle. They
have always protested that they would
submit without murmur to the de-
cree of the Supreme Court. That de-
cree has come, and We most earnestly
hope that they will make their protes.
tations good, by settling down, buying
or renting their own homes and be-
coming good, law-abiding citizens.
We hope also that every one of them
will call OIL US the first time they come
to town and seal the treaty of peace by
& l. T. 81,