The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-06-27
WHO OWNS ISLAND?
Suit Over Land at Kaw's Mouth Is
Decided.

Judge Pollock, of the United States
court, decided at noon today that the
sum of $4,000 must be paid by Wyan-
dotte county to H. M MeriWether for
the condemned island in the Missouri
river which IS now in the possession
of the Armour Packing company of
Kansas City. Originally, under the act
of condemnation, S25.0o0 was paid for
the property. The court decided to
hold the $4,000 in litigation for the ben
eft of other claimants.
The suit has a varied and tangled
history. 1t is known in the court as
the 'Meriwether land aeeretion case =
S. K. Howe has made his home on the
island, which lies in the Missouri riv-
er, just where the KaW empties, and is
half in Missouri and half in Kansas.
since 1889. Five years go the land ac-
cretion from the moving waters added
enough soil to close up the space be-
tween the river and the island. A por-
tion of the territory was condemned
for railroad purposes and the money
paid to John Caskey,- treasurer of Wy
andotte county. The sum was $25.-
600
But previous to the Condemnation, H.
NJ. Meriwether was the owner of the
original southwest bank of the island,
upon which the accretiOn was added.
He filed a bill, as soon as hearing of
the attempt to sell the property to the
railroad, asking that the money be paid
over to him. On the contrary, Mr. Howe
filed bill of relief. 4
So the real claim behind the whole
case was that Meriwether was entitled
to the money for the simple reason
that he. held a title to the land. Tha
is the way Judge Pollock held the mat
ter this morning. and for that reason
ordered the Wyandotte county to Pay
him the money.
The case will go to the United States
court of appeals at St. Louis. accord
ing to Howe's attorneys. The fight
there promises to be even hotter than
the one which ended this morning.
The claim of the state of Kansas, In
stituted by Attorney General Coleman
in the shape of an intervening petition,
that this state had a rightful claim on
some of the proceeds was not allowed
by the court. John Dawson asked that
the exceptions be noted until the return
of Mr.. Coleman, who is absent from
the city today 1t is thought that
Kansas will go to the St Louis court
of appeals with Mr.. Howe and there
further contest the case
The claim of Mr.. Coleman was that
the island as it lies partially in Kan
sas was in the bed Of the Missouri
river in 1887 as was found by the teS-
timony before the special master, and
that the bed of a navigable river be-
longs to the state through which it
flows. He contested that. as the bed
Of the Missouri river where the island
is, for Is years belonged to the state Of
Kansas, the condemned land which
formed thereon also belonged to the
state.
Ex-Chief Justice Doster handed down
an opinion on the matter some time
ago as special master. He reported his
findings and conclusions, to the effect
that Meriwether was entitled to the
land and not Howe. However, he made
his conclusion subject to all possible
claims of the state of Missouri and
Kansas. It was along this line that
Mr.. Coleman made his plea
The attorneys in the case were A l.
Berger and L. w. Keplinger for Howe;
r. E Bull and T. ]. White for Meri-
wether, and John Dawson for the state