Kansas City daily journal. [volume] (Kansas City, Mo.) 1892-1897, 1895-05-03
REQUESTED NOT TO APPEAL
ATTORNEY GENERAL AsKED TO LET
THE sCoTT DECISION STAND.


Washington. May 2.-tspecial) The
attorney general was advised by wire
to-day that Justice Scott, of oklahoma
City. had dissolved the injunction
against the Choctaw railway company.
This means that the company can com
struct its line wherever 1t may see fit
against the holding OF the secretary Of
the interior backed by the department
of justice. 1t has not yet been fully de-
cided what will be done in the matter
by the department OF Justice. This final
decision will likely be postponed until a
report Of the case. with the findings of
Judge Scott, can be examined by the at
torney of the department directing the
management Of The case.
The chief clerk OF the late house. Mr.
Kerr. called on the attorney general to-
day and insisted that no appeal be taken
by the department and that the whole
controversy be dropped. Mr.. Kerr is in
terested In the company, and they hav-
Ing won in the injunction proceedings he
is quite willing that the legal contest
shall end. He made the talk to the at
torney general that delay forced by fur
ther litigation would work a great injus-
tice to the company. and he also in
sisted that the people of oklahoma out
side the parties directly Interested did
not care where the road was located.
but they wanted ii to he completed.
This general opinion prevailed. as he
had been Informed. and II was quite nat
ural that 1t should. in his opinion.
1t also happens that Mr.. kerr's line OF
talk later in the day was backed UP by a
number of messages received from that
country asking that the attorney gem
eral do not direct that an appeal he
taken to the supreme court of the terri
"A
City and others claiming to he from
Shawnee.
one of the officials of the department
who has had something TO do with the
case intimated very strongly that an
appeal would be ordered If a showing
suggesting such action was found in the
records. He believed that the full mean
ing of the law was to allow the secre-
tary of the interior the right TO approve
such right of way as he might conclude
best, and this was the position Of the
department of justice. Should the Sec
retary of the interior conclude that he
did not want the case further prosecuted
or should 1t appear to the attorney gem
eral that 1t would be well to let the
matter go, then the case would he aban-
doned. but there was not reason at this
time to suspect that the secretary of the
interior or the attorney general would
suggest that further proceedings he dis
pensed with. That being the situation,
for an appeal, which would come UP in
due time in the supreme court of the
territory.
The question at issue involves the
matter of running the road near the
town of Tecumseh, county seat town,
or Shawnee, off to one side of Potta-
watomie county. The claim that brought
about departmental interference and ac-
tion was that some of the officials of the
road had been induced to run the road
.t SJna, tNNs tt lF
property to be used in a town site
scheme. The department of justice was
advised to-day that some of the same
officials handling this part of the deal
have taken advantage of the injunction
delay, thus deprecating the price of
property for time at Shawnee. to
gather up some more property there,
and the suggestion is also ventured that
they must have been reasonably certain
of what the decision in the injunction
proceedings would he or they would not
have made further arrangements secur-
ing property for town site purposes.