The Red Cloud chief., 1904-07-29
CONTEST FOR LAND
State Of Kansas Lays Claim to
Large island.
IT IS CLOSE TO KANSAS CITY
Everyone Connected with Land in Any
Way Made Plaintiff or De-
fendant-Notes.

Resultant to an order Issued by
United States Judge Hook at Leaven-
worth, the state Of Kansas will have
an opportunity to show what claim II
has to the proceeds OF the sale of the
island in the river at Kansas City to
which Judge Pollock recently gave G..
II. Meriwether complete claim. This
is in the famous land accretion" case
which has disturbed legal circles on
siderably Of late. A resume Of It's his
tory will clear the way to understand
ing Judge Hooks ruling.
Back in the seventies a small island
In the Missouri river at Kansas City,
entirely cut Off from the shore, was
taken possession Of by a family ramed
Meriwether. Later on another family
named Howe also homesteaded on the
place. In the years following the Kan
sas and Missouri rivers, for the island
lies at their junction. washed a great
deal of soil against the banks and the
uNNiCtloh u oO biVuI thot hhuAiy
the island connected with tie shore.
A year ago the Chicago e. North
western railroad had the island con-
demned for right of way purposes and
a sale was ordered. The proceeds net
ted 1922. 900. The railway paid this sum
to f. c. Caskey, treasurer of Wyan-
dotte county. Meriwether at once laid
claim to the money and instituted
proceedings. The Howes applied for q
relief bill, virtually making themselves
plaintiffs against Meriwether.
Several weeks ago ex-Chief Justice
Doster returned a special report on the
matter to Judge Pollock Of the federal
court in Topeka, before whom the case
was brought. With Doster's state
ment and further arguments by some
OF the best attorneys in Missouri and
Kansas, Judge Pollock decidnd the
case in Meriwether's favor and ordered
Wyandotte county to pay him 500. 900.
Just before the decision the state OF
Kansas through Attorney General
Coleman filed a claim bill demanding
a share OF the proceeds. because the
island lay practically in this state. At
the trial Mr.. Coleman was not present
and his complete hand was not shown.
Now the Chicago & Great Western
railroad takes up the cudgel. 1t ap
piled to Judge Hook for a restraining
order to prevent the payment of the
money to Meriwether's heirs by Wyan-
data 1Npntxy ,,nttI %Ia etoNn 80 Lyo-,oo
made Its views in the matter clear
and showed fully all its reasons for
claiming. Judge Hook granted the re-
quest and the $22, 900 lies safely en-
sconced In the government depository
at ~Leavenworth awaiting further trial
OF the case, in which this state will
play a principal part.
The reason why the Chicago e. Great
Western got into the game was to
have Its title to the land clear. It
paid the money TO Wyandotte county
and Is now in possession Of the land.
but naturally 1t would like to have
the status Of the whole matter made
plain for the benefit Of its present
ownership.
The change in the boundary lines
OF Kansas and Missouri makes the
real issue In the claims OF the state
Of Kansas. as indicated by the brief
written claim fled by the attorney
generals Office before Judge Pollock
when the case wal tried recently and
Meriwether given the decision. Judge
Pollock denied the rights of the state
In the matter, but said little in regard
to the matter when handed down the
opinion on the whole subject. In the
attempt to dissolve this injunction, to
which the case will now naturally veer
around, the states claims will be fully
aired and decided upon. The case will
probably be tried at the October term
of court.
A peculiar and yet necessary thing
about the ase Is that everyone who
has ever been in any way connected
with It. Is made a plaintiff or defend
ant in Its present status.