The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-11-27
PRODUCT OF IL ACRES
Has Been Abstracted Accord
ing to a Report
Made by State Mine Inspector
McGrath to Governor Leedy.
COMPANY MUST PAY.
The Governor Will Demand Full
Remuneration at Once.

After making a survey of the mines
of the Leavenworth Coal company,
George 7. McGrath. state mine inspec-
tor, has reported to Governor Leedy
that the company has 'stolen from the
state of Kansas upwards of 40 600 tons
of coal, having encroached upon the
coal lands owned by the state. taking
out the product of u acres of ground"
This "stear' as it is denominated by
the POpulists, has been going on for
several years but none of the previous
mine inspectors have the survey
mine inspectors had made the survey
which McGrath and A. NJ. Bum OF this
city made and by which the encroach-
ments were discovered.
When the state sought a location for
the penitentiary, coal mines were re-
garded as a necessity as no other en-
ployment of a suita BILE character could
be imagined for the convicts. At that
time 1886 acres of coal land were pur-
chased. This land lies to the northeast
of the penitentiary. extending to the
Missouri river. and the courts have
since held that the coal under the river
bed belongs to the state in fee simple.
For some reason or other this land
has not been extensively worked but
the state mines have been pushed west
of the institution, the coal being mined
upon the land owned by private individ-
uals who received for the product q
royalty of five cents per ton. For sew
eral years the Santa F'e company's
lands have earned majority of the
royalties as the principal part of the
mines now being worked is in land
owned by this company. Six hundred
and thirty-siX acres are being worked
out under the royalty contract. Al
ready a quarter of a section of land has
been mined out
Adjoining the states land on the
north are the mining properties of three
large corporations and the charge has
been frequently made during the past
few years that some of the companies
were incrOaching upon the state prop
erty. In at least two of the legisla-
lures of late date propositions have
been made looking to an investi-
cation of these charges but the invest
igatiOns failed to materialize.
The investigation of the matter by
the state mine inspector was instituted
some months ago and demand Was
made upon the Leavenworth Coal com
pany for maps of the property which it
was working. BY some means the
company managed to eVade furnishing
the maps and Mr.. McGrath determined
to make a survey himself. He secured
the services of A. NJ. Bum of Topeka
and at night after the men in the mines
quit work the inspector and his sur
VeyOr would go down in the shafts ard
make the surveys.
The most persistent questioning of
the state mine inspector by the officers
of the company failed to elicit any in
formation as to the progress of the
work of what if anythingt he was find
ing out from the survey.
After it was completed and the dis
cOvery of the encrOachments fully veri-
fed, the matter was reported to Gov
ernor Leedy and the attorney general
was called into conference.
A further survey of the adjoining
mines will be made and the companies
will be asked to remunerate the state
for the coal which has been taken out
on land owned by the state Litigation
is likely to follow but the governor an
nOunces that he is determined to secure
for the state of Kansas payment for all
of the coal which has been thus taken
out. Over a million bushels of coal is
said to have been taken from the
states land and the Populist adminis-
tration proposes to sift the matter to
the very bottom.