The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-07-16
KANSAS TO BE HEARD.
Judge Pollock Will Determine State
Interest in Island.

Resultant to an order issued by
United States Judge Hook at Leaven-
worth Friday, the state of Kansas will
now have an opportunity to show what
claim it has to the proceeds of the sale
of the island in the river at Kansas
City to which Judge Pollock recently
gave G. H Meriwether complete claim.
This is in the famous ''land accretion'
case which has disturbed legal circles
considerably of late. A resume of its
history will clear the way to under
standing JudE Hooks ruling.
Back in the seventies a small island
in the Missouri river at Kansas City, en-
tirely cut off from the shore, was taken
possession of by family named Meri-
wether. Later on another family named
Howe also hOmeSteaded on the place
In the years following the Kansas and
Missouri rivers, for the island lies at
their junction, washed a great deal of
soil against the banks and the accretion
became SO great that finally the island
connected with the shore.
A year ago the Chicago and North
western railroad had the island con-
demned for right of way purposes and
Ia sale was ordered. The proceeds net
ted So, 900. The railway paid this sum
to E. c. Caskey. treasurer of Wyan-
dotte county. Meriwetner at once laid
claim to the money and instituted pro-
ceedings. The Howes applied for a re-
lief bill, virtually making themselves
plaintiffs against Meriwether.
Several weeks ago ex-Chief
ciaI report on the matter to
Judge Pollock of the federal court in
Topeka, before whom the case was
brought. With Doster's statement and
further arguments by some of the best
attorneys in Missouri and Kansas, Judge
Pollock decided the case in Meriwether's
favor and ordered Wyandotte county
to pay him $4,000. Just before the de-
torney GeneraIColeman filed a claim bill
demanding a share of the proceeds, be-
cause 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 and 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-
dotte county until the state of Kansas
made its views in the matter clear and
showed fully all it's reasons for claim.
Judge Hook granted the request and
the $4,000 lies safely ensconced in the
government depository at Leaven-
worth awaiting further trial of the case,
in which this state will play a principal
part.
The reason why the Chicago and
Great Western got into the game was
to have its title to the land clear. 1t
paid the money to Wyandotte county
but naturally it would like to have
the status of the whole matter made
plain for the benefit of it's present own
ership.
The change in the boundary lines of
Kansas and Missouri makes the real
issue in the claims of the state of Kan
sas. as indicated by the brief written
claim filed by the attorney generals |
office before Judge Pollock wnen the |
case was tried recently and Meriwether |
given the decision. Judge Pollock de- |
MED the rights of the state in the mat |
ter but said little in regard to the mat
ter when handing down the opinion on |
the whole subject. In the attempt to !
dissolve this injunction, to which the i
case will now naturally veer around,
the states claims will be fully aired |
and decided upon. The case will prob
ably be tried at the October term of
court.
peculiar and yet necessary thing |
about the case is that everyone who |
has ever been in any way connected |
with it, is made a plaintiff or defend |
ant in it's present status.