The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-29
VICIOUS LITIGATION.
The Government Suit Involving
Saline County Farmers
Mr.. v. C. PERRY WRITES 4 LETTER

Giving His Side of the Controversy,
But 1t Does Not Prove the Suit to
Be Other Than What the "JOurnaI'
First characterized 1t.
Below the STATE JOURNAL publishes a
letter from District Attorney W. C. Perry
in relation to recent suits in Saline
county.
The case brought to cancel the patents
given by the Union Pacific to 10000
acres of land in Saline and other Kansas
counties, may not have been brought for
the purpose of securing fees as Mr. Perry
SAYS, but that will be the result OF the
suit. Just the same-and by their fruits
shall We know them-lawsuits as we'll as
everything else.
When the Anderson bill described in
Mr. Perry's letter. was passed in 1887, 1t
provided that the secretary of the inter
ior should Immediately" ascertain what
lands had been enormously held by the
railroads, and if the railroads did not
surrender the land to the government
within ninety days, then the attorney
general was to bring suit
1t is rather strange that the secretary
of the interior has allowed eight years
to intervene before he found that these
lands came under the provision of the
law when the law expressly says it shall
be done immediately" 1t is also strange
that the government should wait until
the Union Pacific railroad company is
bankrupt before commencing suit when
it is z foregone certainty that nothin e
can be recovered from the railroad COM
pany.
1t is difficult to see what the govern
ment can gain by the suit, but it is very
easy to see what the government officials
will gain in fees, and that was the point
made by the JOURNAL
There is only one inaccuracy IN the
JOURNAL article and that was in the
amount the farmers will have to pay to
perfect their title. The Anderson act,
which had been overlooked, provides that
where the lands are held by settlers who
bought their property from the railroad
company, they will be given patent
from the government upon the payment
of the land Office fees of $40 But besides
this they must make a showing to the
court to prove that they secured the lands
legitimately, and this cost will vary with
the number of copies of deeds and con-
veyances which must be furnished.
But it is possible for some of the set
tiers to lose their farms entirely through
this suit If farmer had made home
stead on piece of the land prior to the
time of the grant to the railroad and was
compelled to give it up to the railroad,
he will, by proving this fact, be entitled
to patent for the land no matter how
often it has changed hands since, and the
farmer now living on a magnificent i'm
proved farm may, when this suit is de-
cided, find a stranger at his door with a
patent for his farm and be told to vacate.
The farmer may sue the railroad COM
pany, but he would not, because he would
get nothing if he did
7. c. DoWney, the law partner of Judge
j. W. Day, lawyer who knows some
thing about the cases was asked to esti-
mate the cost to the individual farmers
where there is no prior claim to the
lands and he placed it at 500 each.
The suit which is certainly useless and
unnecessary and might even be called
vicious, appears to be brought to provide a
fat place for somebody who would like
to be the master IL chancery in the case.
He will probably get from $4,000 to
$4,000 out of it Who this person will
be will appear when he is appointed.
Next Monday is appearance day.
After the master Is appointed then he
commences to take testimony. The wit
nesses will have to be subpoenaed and
this will add another big item of expense
in fees. 1t will furnish work for deputy
marshals who will be allowed six cents
per mile for the distance travelled and as
the witnesses are to be found all over
the state it will not take long for his
fees to amount to $1,000.
The case will drag along through
years as the others of the same kind are
doing and there will be many of these
hearings before the master. The settlers
will be represented by attorneys who
will have to be paid. This will be the
greatest hardship to them
The clerk of the Z. S. Circuit court
will be allowed ten cents for fling each
paper in the case and ten cents a folio
for making copies of papers. These
fees the settlers will pay, and they will
vary with the copies of papers required
So it will be seen that this litigation will
be tremendously expensive, and of what
earthly good is it? 1t looks exactly like
it was started merely to increase the in.
come of court officials of various kinds
A we'll known attorney connected witt
one of the largest loan companies in the
city said in speaking of the NJ &. 81 T
cases, which Mr. Perry refers to: 1.-The
only people who asked to have theil
titles adjusted were a dozen or more
farmers in Allen county who had beer
quarrelling about their lands. Still al
the lands along the NJ. Z. Il T.. were in
cluded. L know of one farmer wht
owned considerable land. He said tina
if he managed to get through
the suit for the cost of one-quarter sec
ton of land, he thought he would b.
doing we'll if he saved the rest"
Whatever may be said, the fact re
mains that the farmers will be put to
great deal of trouble and expense, and il
some cases may lose their lands as re
suit of this suit The government cal
gain nothing by it, so why was it brough
if it was not to make fees for cour
officials and work for lawyers?
MIR. PERRY'S LETTER,
His Presentation of the Union Pacif