The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-29

rior to adjust, in accordance with the
decisions of the supreme court the
grants of all lands to railroads,
and to demand conveyance from
such railroads of all land errone-
ously certified or patented to them.
The law further makes it the duty of
the attorney general, on the refusal of
any railroad company to reconvey such
lands, to commence suit to cancel all
outstanding patents to such lands and to
restore the title thereof to the United
States.
Before the passage of this act of con-
gress the supreme court OF the United
States had decided that a homestead
claim, existing at the time the grant
took effect, excepted the land covered by
sumed by Mr.. Anderson, by congress and
by the interior department, that pre-
emption claim was also sufficient TO de-
feat the railroad grant. All the lands in
this suit, at the time the grant of the
Union Pacific is claimed to have attach
ed to them, appear by the record of the
land offices to have been covered either
by presumption or homestead claim.
The law further provides that if any
bona fide homestead or preemption en-
try has been enormously cancelled by
reason of any railroad grant, that the
claimant, upon application, shall be re-
instated in all his rights, and permitted
to perfect his entry.
Where such a claim does not exist
purchasers in good faith from the rail
road company, their heirs and assigns,
upon showing that they possess the
qualifications of pre-emptor, can OBJ
tain patent from the government to the
lands SO purchased, without cost or other
action on their part. The government is
given a right of action against the rail
road company for the government price
of the lands, and the purchaser a similar
right of action for the amount ne paid,
less the government price.
You say: ''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 $500 per acre. So
the farmers will have to buy their farms
a second time before they can secure a
clear title"
The foregoing resume of the statute,
shows the fallacy of your statement.
You say that this suit is 'an outrage on
the farmers whose property is involved"
If so, it is outrageous to enforce the law.
do not know what you mean by the
lawful fees IN thir case for me, and that
the matter requires sitting" l will re-
ceive 500 for trying this case.
l do not know what you mean by the
statement that "there has been too much
NJ. K. g. T. business in this state alrea-
dy." The d. K. 81 T. suit was brought,
and is being prosecuted, purely in the
interest of the settlers. and the govern
ment has spent considerable money in
attempting to establish their right as
against the claim of the railroad compa-
ny.
| brought this suit originally under in
structions issued on request of the set
tiers, and when left the office in 1889,
it was pending in the supreme court at
Washington, on appeal from a decision
on the circuit against the government.
1t then involved only lands in Allen
county. Since then land before re-
sumed the ofice) the circuit court has
been reversed, the suit has been enlarged
by Mr.. Ady so as to involve the lands all
along the line of the NJ. K. & T., to
which, under the act of 1887, it seems
probable the railroad company wrong
fully received patents
The Black Bob case was brought under
an act of congress, and is designed to,
and will, quiet title to lands in johnson
county, which has never been taxable,
but which were settled on by farmers on
the one hand. and claimed by the late
Thomas L. Carney and the late Will
liam R Wagstaff, AS the grantees of the
Indian allottees, or their heirs, on the
other hand.
The suit will settle, first, whether the
Indians sold their land at all, and if SO,
to whom; second, what rights the set
tiers have, if any: and third, will place
lands 70 fay rnllo Of T0hnonn
county. The government has no finan-
cial interest in this suit, but has loaned
its name simply for the purpose of qui-
citing the title to the lands in question.
Respectfully,
w. G. PERRY
at makes my homework much easier"
writes a St Louis housewife of DR. Prices