The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-23
TIME TO STOP II.
The Plundering of Prosperous
Kansas Farmers
By SO-Called Government Suits
Against Them.
DISTURBING TITLES
That Reach Back as Far as the
Year 1862.
Is 1t Merely a Scheme to Make
Fees?
FOR q. S. OFFICERS.
Whether 1t Is Or Not, 1t is an
Outrage.
Litigation Against the People
Instead of For the People.

The big suit brought by United States
District Attorney W. e. Perry to cancel
the pa ents of Union Pacific lands, prin-
cipally in Saline county, is a suit for
which it is difficult to find a reason, un-
less it is to heap up fees for lawyers and
court officials. as it can only harass the
farmers who occupy the lands and force
them to spend lot of money to hire law
yers in their defense
There are $1,000 acres of land involved
in the suit, principally in Saline county.
n early all the lands are we'll cultivated
bottom farms, occupied by the owners.
The technical point upon which the
suit is based dates back to the original
grant of the land to the Union
Pacific ra oad company in 1852.
A great many farms were taken
up as homesteads by settlers be-
fore the road was built When the road
was constructed these settlers were no
titled that their lands were the property
of the railroad company under the grant
| by congress. and they were ordered to
vacate. They did so and the railroad
/ company then sold the lands to other
| settlers. 1t was afterward decided that
! the company had no title to the lands
! upon which homestead entries had been
| filed and those who had purchased the
lands from the railroad company find a
cloud uponstheir title. OF course their
lands are secure so far as outside action
| is concerned as only the government
could now make the settlers trouble
about the titles to their farms.
Ia 1t was not necessary for the govern
ment to do anything in the matter and
nothing was done until the present suit
| was filed which seeks to cancel the
patent to the lands given the railroad
company. If the company's patent to
| the lands was invalid the transfer of the
lands to the farmers was also invalid and
the government will hold the settlers for
the price of the lands which was at that
time from $3.50 to 81 per acre. So the
farmers will have to buy their farms d
second time before they can secure a
clear title. They can sue the Union
Pacific railroad company for the original
purchase price but that would be soma
what like suing the proverbial beggar
They couldn't recover fr0 IN bankrupt
This suit is in line with the famous, ol
rather Infamous, NJ, X. & T. and Back
Bob land cases, which have been drag
ing along in the United States courts fol
years. Masters have been appointed tc
hear the evidence, but there has been ne
settlement and the settlers have been pu
to great deal of expense and trouble
while the United States court officers
pocket fees which increase as the case.
are continued
In the present case against the Saline
county farmers. the marshaPs fees seen
to be the largest. He is allowed 50 fol-
serving a subpoena and as there are 1,
coo different persons upon whom the pa
pers are to be served he will have So, ,00(
to start with Then besides this he is al
; lowed six cents a mile for the distance
, travelled. This item is no small part 0
the pay of the marshal for his travelling
expenses are not included in the earn
ing5 of the office and the United State;
marshal and deputies usually ride OF
passes.
The clerk is allowed ten cents for fiji
ing each paper, and all who are sui
poenaed are expected to at least file ans
wers In addition to this he is allowed
l ten cents folio for making copies @
any papers on tile and great many cop
les of the papers in the case will be re
l quired, as that is usually the first thin.
2 an attorney asks for when he takes
case.
All these expenses are attendant upo
l the commencing of the suit, and the
will have to be paid by some one
l These suits make great deal of trol
BILE for the farmers but they make bus
ness for the lawyers and fees for tn
T court officers.
f The whole affair appears to be disre
putable from its beginning. 1t is har
Y to believe that this suit origin ated in A
: torney General Olney's Office If trace
: to its source, it will probable be found I
: have been started much lower down.
r 1t is needless to say that it is an outrag
7 on the farmers whose property is il
r volved.
n AS if there were not enough useIei
n and uncalled for litigation already star
T ed in this country, this suit is begu
h merely to make more of it.
y Cases have been known where litig
y ton has been started for the purpose
d forcing the defendants to put up a larg
9 sum of money for lawyers fees. and tt
} lawyer who defends has "whacked VI
/ with the prosecuting attorney. No sue
: charge has been made in this case. but
3 is very peculiar that these suits that hay
/ no excuse for being begun should
pressed at this late day.
T The matter requires sitting.
l. There has been too much IN. K. d
i" business in this state already 1t is tin
for it to stop or there will be wave