The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-07
RAILROAD NEWS.
Union Pacific Claims Title to
New Cambria T0Wnsite.
s. p. Donmyer Will Fight Claim
in the Courts.
HE OWNED TOWNSHIP.
Sold 1t Out Under Warranty
Deeds to Residents.
If the Railway Title Is Good
D0nmyer VIII Be Liable.

According to the statement of T. F.
Carver, the attorney for S. P. DON
myer, the Union Pacific railway is try
| ing to "gobble up the town of New
| Cambria, in Saline county, which was
! established and is largely owned by
Mr.. Donmyer.
New Cambria is town of about 200
| population 1t lies on both sides of the
Union Pacific tracks. Mr.. Donmyer,
who is representing his townsmen in
the difficulty with the railroad, owns
a building in which the railway station
is located. He also owns an elevator.
His private dwelling is in one end Of
| the building which serves as station
| house Trouble was precipitated by the
announcement made by Representatives
of the railroad that the company would
assert its claim to the land 200 feet
on each side of it's track The basis for
this claim was announced to be the old
grant of a 400-foot right of way
through government land. The land
where New Cambria now stands was
government land at the time the Union
Pacific was built through there
The agents of the road told Mr.. Don
myer that they did not desire to take
possession of the buildings or land
which he owns, or of the buildings or
land owned by other people within the
400-foOt strip of land which the COM
pany claims to own. All the company
asked was IHdL people living on the
disputed tract accept a lease from the
company for the land. thus acknowl-
edging that they waived their rights Of
ownership.
One important provision of the lease
was that the company would not be
held responsible for losses by fire occur
ing on the land SO leased This provi-
sion debarred the lessee from chances
of recovery in case he should suffer
loss by fire occasioned by sparks from
Union Pacific locomotives.
Aside from his personal property, Mr.
Donmyer is interested in the title to all
the rest of the tOwnSite of New Cam
bria, for he sold this land under war
ranty deeds to the residents of the
town.. If it should prove that the title
of the Union Pacific to this land is
good, Mr.. Donmyer, who is a man of
some wealth, would be liable for all the
money which he has received from the
residences and property owners in New
Cambria.
Speaking of the case, Mr. Carver, of
the firm of Carver & Larimer, of this
city says:
1.-The question of the ownership of the
400-foot strip of land along the Union
Pacific tracks is a big one, and extends
throughout those lines of that company
in Kansas which were laid on land
which at that time belonged to the gov
eminent. If the claim of the company
is well founded. it will own practically
all of the land now occupied by the
various stores and dwelling houses of
New Cambria The question is not yet
in the courts, but l expect it will be
before long. 1 do not know in what
form it will come up We believe that
the railroad has no right to the land in
New Cambria, because it has never as
serted the rights of ownership The
people who now live there have had I'M
disputed possession for a long term of
years. The railroad has even far
acknowledged itself to have no right
to the land that it has leased and pur-
chased portions of the land which it
now claims to own. believe that
where the road has not asserted owner
ship of the land it belongs to the peo-
pie who have up to this time been oc-
cupying it"
The Union Pacific not only claims
possession of the town of New Cambria
but has its agents out along the line
in various counties negotiating with
farmers and giving leases to them for
the 200-foot strips which they have been
using for tillage. In all the leases is
the proviso in regard to loss by fire.
If the road can make good its claim
to ownership to all the land it says it is
entitled to, it will in large measure re-
lieve it from danger of loss by fires in
wheat fields and buildings started by
its locomotives.
The case of Mr.. Donmyer will likely
be made test for the numerous dis
putes which are being stirred up by
the company agents.