The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-17
"katy" Begins Suit for Title to
5000 Sections of Land.
The 100000 Acres ARR
Valued at s 100000
VERY UNUSUAL CASE
Some Interesting Points of Law
viii Be Argued.
Gossip and Matters of Interest
in Railway Circles.

Muskogee, L T., Aug. 1.-THE Mis-
souri,, Kansas & Texas Railway COM
pany has begun its long threatened
fight in the courts for title to every ODD
section of land within twenty miles on
either side of the right of way north
and south through the Indian Territory,
The line extends through four nations
the Cherokee, the Creek, the Choctaw
and Chickasaw-a distance of ESQ miles
Included IN the company claims are
5000 sections, 200 900 acres-of land,
embracing about 10000 homesteads, with
a total value of fully $S0,ooo,000
The railroad company claims this
land by virtue of an act of congress
approved July %, 1866, entitled 'An act
granting lands to the state of Kansas
to aid in the construction of the Kan
sas & Neosho railroad and it's extension
to the Red river" This act provided
that the first of three roads-the one
just mentioned, the Union PACING
(Southern branch), OF the Leavenworth,
Lawrence & Fort Gibson-to be COM
pleted to the southern boundary OF
Kansas at a given point in the Neosho
valley, should be granted every odd
section of land within twenty miles OF
its right of way on either side.
Section of the same act provided for
a similar contest through Indian Ter
ritory to the Texas line; and section 3
followed in this language:
And be it further enacted that the
same grants of land through said In
dian Territory are hereby made as in
the first section of this act, whenever
the Indian title shall be extinguished
by treaty or otherwise, not to exceed
the ratio per mile granted in the first
section of this act; provided that said
lands become part of the pubic LANDS
of the United States"
After an exciting contest, the Union
Pacific's Southern branch, which ar
terward became the Missouri, Kansas
& Texas, was declared the winner, first
by the governor of Kansas and after
ward by President Grant. There was
very little difficulty in regard to the
grants of land in Kansas, but In In
dian Territory it was different Two
things for years stood in the way: The
Indian title" and the fact that the ter
ritory was not part of the public
lands of the United States"
Indeed, these are the very features upon
which the litigation seems to hinge. The
railroad assert that the Indian title has,
in the meaning Of the law, + Peen t6 eSt IN
dian Territory lands have never become
part of the public domain it asserts
fort on the part of the federal OFFICIALS In
order that its rights might be ABRIDGED.
1t is not the United States government,
however, which is being sued, but the cit
liens of the nations who have selected
their aIlotmentS upon these odd numbered
| sections. Although the company protest;
ed against every measure Whlcn promises
to place this land IN the nanoS Ot lil'A--
viduals, the government officials. from
congress down to the Dawes COMMISSION
ignored its entreaties. and the odd sec
lions along the Missouri, Kansas ana
Texas right of way were allotted just as
all other land in the territory.
Only one suit has been filed so 1ar- ne
petition. which consists of 1o4 closely
typewriter pages, was placed on recorG
in the Muskogee division OF the federal
court late last evening. The action IS
brought against James Bullet, whose al
lotment occupies the southeast quarter OF
| section 3d. township IA north, range Il
east in the Creek nation, and lies within
petition was prepared by James HageF-
man and c. l. Jackson, the company
! attorncys with the view of making TINS
| a test case The railroads attorneys ce-
| clare the case will be taken to the court
of highest resort if Bullet IS given 1uog-
| affected by the suit, a decision IN one
| will practically settle the entire matter
| the same principles applying IN each
| case However, the companyS attorney
| will in the meantime file other suits, as
! fast as the petitions can be prepared
| This is by far the most important suit
ever filed in any of the courts in lndlar
| Territory and its result will anect more
| neoDle than anything now before the
| courts The Missouri, Kansas ana Iexas
| has been preparing for suen acuon t tno
number of years. Had the lands beer
! throWn open to homesteaders, as was
| done in OkIah oma, it is hardly prooaplt
| that the railroads contention would nave
| In regard to the title of the Indians tnt
| company contends that this referred &c e
| them as nations, rather than 1ndlVlduals
| The company in a suit filed several years
| ago, tried to get the state OF Kansas u
| Interfere but was unsuccessful