Kansas City daily journal., 1895-05-13
HAS ORDERED AN APPEAL.
ATTORNEY GENERAL OLNEY NOT SAT.
ISFIED WITH THE SCOTT DECISION.
Case Will Come Before the Supreme Court
OF the Territory of Oklahoma-Tho
Choctaw Railway Case
Not Settled.

Washington, May 12.-(Special) "I
have ordered that an appeal be taken in
the Choctaw railway right of way case,
and the order this day has been made a
matter of departmental record said
Attorney General Olney. Tho appeal will
come before the supreme court of the
territory of oklahoma, and United
states Attorney Brookes, of Oklahoma, is
directed by the department to proceed
at once in the matter of taking an ap-
peal from the decision rendered by Jus
tice Scott, of the Third judicial district
of that territory.
The papers covering the case, includ-
ing the decision of Justice Scott. arrived
last night and We're taken up early this
morning. They Were referred first to
Judge Gray, of the department, who has
charge of the matter. The judge, after
an hours perusal, recommended that an
appeal be taken. lie read over the opin-
ion of Judge Scott, together with some
observations made by United States At
tOrneY BrOOkes and cX-tnitcd States
Attorney Speed who was Interested i'm
the case with Mr.. Brookes. After max
ing this recommendation, Judge Gray
sent the case with all the papers and his
recommendation to the attorney general,
who spent half an hour reviewing the
made the order directing that an APP
peal be taken and instructions covering
the same Were sent to Mr., Brookes.
1t Is well understood around the de
partment that the attorney general is
not we'll pleased with certain matters
appearing in the records Of the case and
also certain that he has concluded To
give the whole matter some additional
departmental attention.
1t is understood that some communi-
T.,... ~ /.
cciVed a I the department asking that
the department shall not interfere with
the prompt construction Of the choctaw
road from South McAlestor Ia Oklahoma
City. BY these ii is represented that
most of the people at either end of the
road have an interest I'm the right of
way contest arising in Pottawatomie
county and they do not care which
route is taken, but they want the line
completed for commercial reasons, The
department is also assured by other
communications that II would be
grave mistake to allow the road to be
built along the route selected by the
company and not approved by the in
terror.
The attorney general indicated to-day
that he did not propose 10 delay work
on the road any longer than absolutely
necessary and as far as he could judge
the order for an appeal would not pro-
long the completion of the line The
could lay track and work
along other parts of the line, and by the
time they had reached the disputed
right of way on either end the whole
case would likely be decided by the SUI
preme court of the territory. In this
way he hopes there will be no delay. In
the event the injunction is held by the
supreme court to be good, the company
will simply be compelled 10 submit to
dictation under the law,
and in the event the company gains its
point possibly no further delays will be
However, the department
in informed that the company could be
very much embarrassed by the govern
ment by reason of the alleged facts that
provisions of the right of way bill have
been violated in other particulars and
should 1t happen that the company wins
in the new contest it is not al all inn
probable that further legal complica-
tions will be originated by way of
things up generally.
1t is very plain that the attorney gem
eral is not in a good humor about the
case, and as result it is expected that
he will give all interested the full bene- |
tit of departmental resources.