The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-27
TOOK HIS LAND.
L. r. Taylor Says Union Pacific
Imposed on Him.
Tore Down Fences and PlOwed
Up His Farm.
JUDGE POLLOCK MOVES
EnjOins II Farmers From
MOlesting the Graders.
Four Hundred Foot Clause Is
Making Trouble.

Judge Pollock on Saturday granted Il
more restraining orders against farmers
who were seeking to prevent the con-
struction of the Kansas. City-Topeka
line of the Union Pacific. making A re-
straining orders now in effect.
! He also postponed the hearing of all
these cases until May 1, which gives
the railway company a month and five
days to rush their construction work
through the farms where dissection has
been encountered. Meantime, the farm
ers who are inclined to object to the
prosecution of the work are tied up by
the order of the court.
| Thus everything seems to be arranged
so that the Union Pacific can go ahead
and finish the grading for the new dou-
bic track between here and Kansas
City, and settle its legal rights after
wards.
The names of the II farmers upon
whom the United States marshals are
today serving restraining orders are as
follows:
P. H. Kughns, Chas. sandberg, Ed
win Taylor, J. G. Grooves, Roy Keid-
man, E. B. Silver, H. E. Thompson,
goseph Haney' II. w; Rhea, Jr., J. NJ.
Hooper, John Fore, Martin Kapp, Ida
Harvey, - Harvey, =" Kanopp, c.
M. Miller and - Proudly.
The following were the farmers on
luS original ISIs
L: P. Kindred, c. L. Kindred. S. d.
Knight. Jesse Haney, Chas- Taylor, J.
H. Murphy. ]. D. Waters, J. S. Nc
Danield, John ziegler, c. P. Bauer, Paul
Lukam, Geo Vail, ]. w. Smith, Jas.
front, r. NJ. Maxwell, A A Bowen,
Chas Bergman, E. A. Rhea, H. w.
Rhea, - Aldridge, John Burns B.
Friedburg, J. B. Rees, c. F. Barker,
Thos- Warren, Mrs. L. S. Bowers.
In case it should finally be decided,
he Ta l.
way company has no right to occupy
the 400 foot right of way which it claims
to own, the farmers whose property has
been seized would have to look to the
bond of $20,000 which the railway COM
pany was required to fill with the court
for their protection.
There is a great deal of complaint
among the farmers along the right of
way of the new road about the high
handed manner in which the contrac-
tors have been going about their work.
The contractors have apparently been
entirely unmindful that the farmers
have any rights which they are bound
to respect.
L. R. Taylor, the well known nursery
man living on large farm just east of
Calhoun bluffs. called at the federal
building today to see what he could do
to protect his property from invasion.
He said:
4 own my land by patent from the
government, and when the Union Pa
cific wanted to pass through there, it
had to buy right of way from me. I
arranged this transaction with Judge
Usher OF Lawrence when he was gen
eral attorney for the road. The COM
pany bought a 100 foot right of way,
ana that was all. A few days ago. how
ever, when I was away from home, the
contractors entered upon my land, tore
down the fences, and plOWed up a strip
a rod wide on my land all along their
right of way. Then they put, a big
gang of wheelers at work, and by the
time | returned home, they had scrap,
ed all the rich top dirt off my land
where they had ploWed, thus greatly
damaging the land.
I don't know what recourse 1 have;
the only thing I could do when 1 got
home was to order the men in charge
of the gang to get off my farm, and
they did so. / don't know whether 1
would have to bring my claim against
the railroad company or against some
contractor, but expect to find out
Mr.. Taylor's case, however, is different
from the farmers who live over in the
adjoining counties There the Union Pa
cific claims, as successor to the Leaven-
worth, Pawnee & Western, that it owns
by act of congress dated July l, 1862, a
400 foot strip for a right of way
through all government land. On that
date, the Delaware Diminished Indian
reservation extended from the IeaVen-
worth-Douglas county line to the out
skirts of Kansas CITY to WyandOtte
county. It therefore claims the right
TO occupy In1S 4UU IOOL SLT1p at LHe pres
ent time, though it has heretofore not
set UP claim to it, and it has been
under fence and in use by the farmers
ever since the Kaw valley was settled.
When the Union Pacific attempted
to occupy it's 400 foot strip. the farm
ers resisted. even to the point, in some
cases, of establishing a shotgun patrol
The railway then filed its application
for restraining orders, in which the
following appears:
your orator further alleges that If
the interference of said defendants is
permitted to go unchecked, that it will
result in opposition to the use of the
full width of your orators right of
way by all the other adjoining land
owners throughout the said Delaware
reserve, who number several hundred; /;
that unless relief is granted to your
orator on the equity side of the court
it will compel it to. bring a multiplicity
of suits upon the law side thereof for
the protection of it's rights, or defend
a multiplicity of suits which may be
brought by land owners
your orator Drays the court to
grant a permanent injunction herein
enjoining and restraining the said de-
PENDANTS and each and every one of
them together with their servants, en-
pIoyes, agents, workmen, and all per-
sons under their authority, direction
or control, from entering into or upon
anv of the above described right of
xvav and property of your orator, be-
ing strip of ground 200 feet wide
upon each side of It's main track
fIrough said Delaware diminished In
alan reservation, and from injuring or
DESTROYING any of the property of your
orator or interfering with the use
thereof by your orator