The Iola register., 1888-09-07

osAuos Ou SsO hAuC Vi kOC8yIOUs WHY Wv
You sue for twenty-seven thousand acres In
stead OF the entire grant? 10 this suit brough
IN any way, shape or manner In go0d faith u
the interes. Of the United States? Then why \
million acres, in which the bill claims tn,
United States does have an interest, and ut thu
same time you do sue for twenty-seven thous
and acres. TO most Of which the bill concedei
the UniteI States has no interest, either lega
These considerations show the true nature oil
this suit. Il 10 prosecuted solely In the inter
est OF private parties. In prior paragraph
the United states In such . suit. We nov
make distinct complaint. We complain o.
the manner in which the United States con
ducts this suit In the interest OF private par.
ties.
This suit is unjust to those not parties, be.
canse decision In favor Of plaintiff, by o court
OF eucn prestige would cloud the title to trac
OF land almost % large az the States Of Della.
ers have knowledge neither OF the pendancy Of
this suit nor Of the fact that any question hal
ever been raised a. to the validity OF thei,
titles.
This suit is oppressive and unjust, and vex,-
ti0us "a, the defendants because, while decie.
ion against them on several 0fthe points raised
would be fatal, decision In their favor would
leave them stu exposed to suit By the partie,
case be In their favor the New York Indians
might relitigate the whole mstter. Besides an
this the suit is utterly useless the settlers are
in possession; II they have rights ~ alleged
such rights as defense against any action By
the patentes for the recovery Of the land; and
OF the three who were on the lands prior to the
withdrawal two have already In the District
reference to the decision Of Judge Stillweli,
which was handed TO the Court by Judge Law.
renee at the time Of the hearing. The case OF
the third, n l.. Ard, 10 now pending In the
The fact that decision OF this case in on,
favor would have not the slightest effect on
either OF said cases, the defendants therein
not being parties herein. shows in striking
yexatious character and injustice, OF this suit
The fact, also. that for many years those par
ties have had the use of the land without ex.
pepse, either Tor purchase money. rent, OF
sitiOn, either Of the prestige, power or purs.
Of the General Government In their behalf.
EQUITABLE KsToPPEL,
equitable estoppel, the United States ought moi
now to be permitted to disturb these titles
More than twenty-one years ago these lands
were segrated from the public domain for the
the usages of the department, and by the ON.
GERS specially intrusted by the Government,
with the management of these lands. Durinp
all that time the Government has remained al.
lCut, duu oOCt6ty tOTOuRn 1t9 minut-
test ramidcations to adjust itself, and ali asirs
to be conducted upon tho supposition that alI
these titles were valid. Even though orieinaj
acquisition OF these titles were wrong, to di.
If these lands were improperly granted. it wses
through the plaintiffs own negligence. AMI
that negligence has been OF many years. dnra-
tion. Nor has the Government been negligent
the Affirmative action Of successive COmmis. {.
sioners of the General Land Office and former
Secretaries Of the Interior; and repeated decis-
ions upon application made on behalf of the
,f the Government In patenting these lands.
suppose this were . suit by some private sui0-f
DR., would not the staleness of the claim alone
insure Its indignant dismissal? eff on q con-
.sideration Of ali the circumstances Of given
case 1t be inegnitable to grant the relief pray
ed against citizen, such relief will be re-
fused though the United States be the suit-
or" tU. s. %: Flint. Sawyer 49,
r 2s6, is applicable here 'if it can be ineSuit
lble in any case to grant relief to the United
States, in view of all the surrounding circum-
stances coupled with great lapse of time.
then this case affords = striking instance o
that kind.''
ADDENDA NO. 4.
This Court Will take judicial notice of the
of the scale upon which social and
Inc OF these various grants in the twenty years
which have elapsed since these lands were
withdrawn for the railroad company. during
II Of which time the plaintiff has suffered the
The plaintiff cannot be presumed to have been
unconscious OF development which was the
atural and intended effect of these very
rants.
The plaintiff laid the undstiou-intended
nd invited the erection Of On edifice thereon,
nd saw the edifice erected stone bv stone
guilty will not at this late day permit the
laintif to disturb that foundation.
THE EQUrTIEs OF TIE sErrLERs.
Wearied by an endless repitition OF utterly
Incorrect statements OF facts in repeated briefs
nd manifestOes from counsel, emanations from
ne Land Department and associated press dis
xact truth stated for once, we follow counsel
utside the record. Whenever the facts are
Ompelled to discard the plumage of rhetoric.
nd % are ma made to assume the gar6 appropriate to
Vill appear that neither at the date Of tn grant
NOS In ISIS at the date of the pa-
ents. as stated BY counsel on oral argument,
e:tlers on these lands. All such Statements
re mere conclusions Of fancy. There are mo-
mere nor ever were anywhere, any facts cor
eSPGna11g 70 these statements. With the ex-
7ere unoccupied at the date Of the grant Re-.
yeen the date OF the grant and the time of the
1ithdrawal In the following March, only the
smiles mil OF starkey and Maddox came upon
atents were issued, the families Occupying
nese even sections could have been numbered
n single hand. From the time these lands
,e ,ere Withdrawn, in March. 1867, until years
iarket. and very large portion of them had
cen sold, the public mind rested in the belief
nat the title Of the company was valid. II
'as us not until years after these even sections
and ~.
nd q great portion Of them had been sold
nat the successive mani festOes of the Attorney
,r the settlers were shOwered down upon a |
the seeds of the
'ss violence, which still prevail
Ihe settlers we'll understood when thew went |
these lands that these even Sections had
:ore o tnan ~ twelve years before been Withdrawn
lbject to homestead and preemption. They
new When they went on these even sections
lat patents had been issL ed years before. and
,ai ,sd many 9a ines % lands had been sold and re-
nderstood perfectly we'll that the holders OF |
lose titles would not surrender without /
ruggle. Knowing all this they took their /
,a ,ances. aney are volunteers In this fight and |
ng-existing order of things with the hope Of
'lvase gam. They are entitled to no equitable /
,nsideration whatever. They are only entitI.
l 70 ana Will receive the cOmmiseration |
derable body Of men who are throwing aWsy
e one opportunity Of life time to secure 4
'me TOR themselves and their families In
,pelees effort to attain such end by conquest
liner : than by purchase, and that, too, rs we
lieve, by assatling title absolutely nawless
'on grounds which. but for the high Oficial
notion this suit is receiving, would be un-
orthy OF either serious or respectful consider
ion. |
REPUBLICAN, MEETING.
AT MORAN:
General ]. e. Caldwell will address
le republicans at Moran to morrow
evening September Sth,
en-: Caldwell Is one of the finest ora