National Republican. (Washington City (D.C.)) 1872-1888, 1886-10-19
THE COURT RECORD.

The Supreme Court of tho United States re-
assembled at noon yesterday, and, without
rendering any decisions, took up the land
grant case OF the Kansas City, Lawrence and
Southern Kansas Railroad Company against
b. II. Brewster, Attorney General, brought by
tne district of Kansas, and advanced on the
docket by reason of the importance OF the
questions at ISSUE
Judge McCrary of counsel for the appellant,
asked the court for an extension OF time, which
was granted, and Mr.. a. T. Brltton, also of
counsel for the appellant, opened the ar5u.
ment.
BY the bill of complaint In this case the Uni.
ted States claims us against the defendant (the
appellant in this COURT the title to 2DIJ2 acres
ofland situated Ia Allen county, Kans. These
lands are oil IN odd numbered sections within
the overlapping twenty mile indemnity limits
OF the grants made by tho acts of Congress of
March 3, 1868. and July 20, 1866 TO the state of
Kansas to aid In the construction of railroads
along certain defined routes on which the de.
PENDANT (by its former name the Leavenworth,
Lawrence aud Galveston Railroad Company.)
and the Missouri Kansas and Texas Railway
Company constructed their several roads,
These two roads have widely separated initial
points, viz, Lawrence and Junction City ut or
near Fort Riley, but they come together down
the valley OF the Ne0sho river and cross each
other at the town of Chanute, near the lands In
controversy.
These lands are now claimed by the railroad
company and persons deriving title through
that company, on the one hand and by settlers
under the homestead laws ofthe United States
on the other.
The United States circuit court where the
case was first tried held
]. That the grants of 1868 and 1866 were
wholly distinct;
.. That the Neosha, Valley road had no. then
been constructed under the grant of 1863, and
hence, the legal title asserted, tho remainder
must fail; and
8. That construction by the Missouri, Kansas
and Texas Company under the grant of 1866
gplnnliOn lands
pany, did not give the equitable title, because
the lands thus selected had never been indi-
Gated by the Secretary of the Interior, as the
These conclusions are assigned for error in
this court by counsel for the appellants In
the argument to-day Mr.. Britton was followed
Mr.. John F. Dillon for the appellant
The other business transacted o-day was as
follows:
error, VS.. the board of supervisors OF san Fran.
cisco; No. 1900. Albert s. Rosenbaum, plain
tiff In error, vs. John A. Bauer, treasurer &c.
On motion Of Mr. a. II. Garland for plaintiff
In. error, advanced pursuant to thirty-secoud
rule.
samss IL court G Of Ing 6rc
motion OF Mr.. II. II. Wells for appellees,
docketed and dismissed with costs.
No. 1910 Louis Travcr, .plaintifi in error, vs..
Henry Frank; in error TO the second circuit
court Of appeals, Concordla Parish, La. On
motion OF Mr.. James Iowndcs for defendant in
error docketed and dlsmissed,with costs.
No. 1904. Edward G. Hancock, appellant, vs.
Eliza Jane Holbrook ct al. On motion of Mr..
i. d. Rouse for appellant, advanced pursuant
TO thirty.second rule.
No. $50. The Denver. South Park aud Pacific
Railway Company, plaintiff in error, vs. John
Fitzgerald h Co. In error TO the circuit court
of the United States for the District of Colorado.
On motion of Mr.. Johu f. Dillon, for plaintiff
in error, dismissed with costs per stipulation.
No. 2l5. John Miller, treasurer, &C. appel
liant, VS.. the Union Pacific Railway Company.
Appeal from the circuit court OF the United
States for the disttict of Nebraska On motion
Of Mr. John F, Dillon, for appellee, dismissed
per stipulation clerks costs in this court to be
paid by appellee.
The admissions to tho bar to-day were as
follows Robert Wake, Of Norfolk, Va; james
Alfred Jones. of Richmond, Va; Francis w.
Parker, of Chicago, and Z, II. Graham, of
Waco. Texas The court adjourned until To-
court in General Term-Chicf Justice Cart.
ter and Justices Cox and Merrick,-Kirk vs..
Commissioner of Patents: patent appeal; opln.
and dismissing appeal. Mills ct al. VS.. District
OF Columbia; motion TO calendar cause and dis.
miss appeal dismissed. Kilbourn VS.. Latta on
hearing. assignment UNCHANGED ,,
Reidy; order of publication. Lob W. Nagley;
suit dismissed; Thompson vs. RoachJ judgment
by default Atzell VS.. schrohts; Judgment by
tiff suggested. Combs VS.. Thompson; motion
to quash certiorori granted; appeal noted. Suss.
man ys. sclinger; Judgment by default. Combs
VS.. Thompson; Judgment against plaintiff for
costs. Assignment Tor to-day-Appeal Calen-
dar-Nos 2 3, 46, @, Z, s, ., 10, II, u, 10. II,
10, 16, II, Is, 10, and 81.
Equity Court-Justice James.-Ruth vs.. Ruth;
sale finally ratified and cause referred to the
auditor. Camp vs. Camp; divorce granted.
Lodge VS.. Lodge testimony ordered taken be-
fore Examiner Vim. Ii, Dennis. Walker VS..
Thompson ct al; pro coniesso against unknown
heirs JnT1minh Gordon.
baugh; injunction pendente lite and reference
to an examiner ordered. Assignment un
changed.
Clark; charged with murder. VIM. Parker
committed as witness in default OF $780, John
WEIGH, embezzlement; pleaded not guilty
iSIcsnv, "" po GiT 1riIiy m;yo % rLa
for to-day-Charles ii. Kates bigamy: Charles
Q. Smith, embezzlement; Frank Wlcks, assault
to kill; John Campbell, assault to kill.