The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-06-18
NOTED LAND CASE ARGUED
In Whies the Citizens of East Guthrie
Are Immensely Interested.

Guthrie, o. T., June 7.-(Special.) 1.-The
Veeder B. Paine case, which involves the
title to the quarter section Of land on
which East Guthrie is located, was argued
IN the supreme court today.
The present suit is the outgrowth of a
contest that was instituted at the United
States land office at Guthrie to determine
the respective rights Of Paine, the home
stead claimant, upon the one side, and
the townsite settlers of East Guthrie on
the other side The decision Of the local
office was adverse to Paine. An appeal
was taken to the commissioner of the gen.
eraI land office, who reversed the local
Office and decided in favor OF Paine.
From this decision an appeal was taken
to the secretary Of the iHterior, who re-
Versed the commissioner and awarded the
land to the townsite settlers. The sec
rotary of the interiors decision, while ad-
hitting Paine's prior settlement to that
of the townsite claimants, and his resi-
dence, cultivation and Improvement of
the land as required under the homestead
law and his qualifications to make home
stead entry. was against him on the
ground that the settlement Of Paine on the
land in question was not in good faith,
that he settled upon the land for specu-
lative purposes, for the purpose of enter
ing it under the homestead laws and then
selling it out to the townsite claimants.
The secretary ordered tina THE land be en-
tered by the townsite trustees for the
benefit of the townsite settlers and in
February, 1892, Paine filed his original
suit against the townsite trustees-Messrs.
Foster, Robertson and Schnell. alleging
that he was the equitable owner and en-
titled to receive the legal title to the land
in question.
The cause came on for hearing before
Judge E. b. Green who sustained the de-
PENDANTS demurrer o nthe ground that
the findings of the secretary Of the inter
for were final and that the court had no
power to go behind the decision and cor
rect the error, II any was made. judy
ment was accordingly rendered against
Paine and his appeal Is now before the
supreme court. Paine Is represented by
Attorneys Cunningham, Dale. Bierer and
Cotteral and Horace Speed appears for
the townsite settlers.
An important case from Noble coutny,
the board Of education VS.. G.. T. Bryan,
trea sYrer, viii come before the court to-
morrow, This is a school house insurance
case and grows out of the burning of the
Academy school building in Perry and in
wolves the validity Of the school Insurance.
law in the territory. 1t is the first case
or the kind 10 be argued before the sup
RENE court.
The court below held that the law Is alb
solutely invalid for the reason that it is
an unlawful division of the school funds.
and for the further reason that the law Is
impracticable and incapable of enforce
ment.
Six cases from Woodward county have
been advanced o nthe docket These are
cases represented by ex-Congressman c. 1.
Long Of Kansas, involving the constitu-
tlonality of the statutes taxing personal
property brought into the territory be-
tween February l and September l each
year. The plaintiffs in these cases are
prominent cattle men Of the west side.
The following cases were before tn ecourt
yesterday:
Thornton VS.. Perry, argued and sub
mitted.
Herod VS.. MerrIless, argued and sub
mitted.
Hockaday Harmon and Roe VS.. Drye.
argued orally and submitted.
In the tax case OF A. T. Wilson vs..
treasurer and sheriff OF Woodward county
motion was fled to advance the case on
docket.
The case Of Smith vs. Kirchner from
Noble county was submitted without ar
gument.
Z. L. Kistlsr and T. King Of Pottawat-
0mte county were admitted to practice.
The visiting attorneys today were:
Judge G. II. Buckneer of WINFIELD: W.
w Nonsinger Of Kiugfsher; Thomas G.
Chambers and D. c. Lewis Of Oklahoma
City; J. W. Quick OF Perry; Jim Kane Of
Kingfsher; a. J. Biddlson OF Pawnee.