The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-15
IT MAY HURT.
How Kaw River Suit Will Affect
Topeka.
Government Now Tracing the
SMeandering Points,
WHO OWNS THE LAND.
VOLTS and Rock Island Have
"Made" Territory.
Officials Here to Look Up the
Data.
WHO OWNS THE LAND.

The suits now being started in the
federal courts to determine the naviga-
oillty of the Kaw river, may start some
interesting points of maritime law into
discussion, concerning the title to GER
tain valuable pieces of Topeka proper-
ty bordering the river.
What are known as meandering
points, are established on every naviga.-
Bile river. These are found by a meth
cd of triangulation. from the bank to
high points further inland to which the
river once reached. The Kaw river was
at one time classed among the naviga-
BILE streams. and in 1858, government
engineers determined the meanderings-
These are now on record in the state
house and at the county surveyors Of
fee at the court house.
Several days ago, a number of gov
ernment engineers, headed by c. B.
Russell, were in the city, taking notes
of the meandering points. Unable TO
get them from the state house, because
of the absence of some of the clerks.
they obtained them from County Sur
veyor John Rodgers.
The primary object of the engineers
was naturally TO get this data so as to
not have to do the work over again IN
case the present suits determine the
is found true by the courts, then the
government may claim ownership to all
lands between these meandering points
and the present banks of the river.
When a stream is not meanderable,
which practically means that is useless
for the purposes of transportation the
settlers along its banks obtain titles to
the land, and according to their own
minds establish its price to successive
owners. In short the government pays
no attention to it at all.
But when a stream is declared navi-
gable the government can claim right
of ownership of park land according to
law. A great many valuable industries
have been erected on the banks of the
Kaw river from its source to its mouth.
In most instances, the owners have
acquired the land through purchase
from some original settler That settler
Establishes the title TO himself, by a
process of homesteading or some other
similar way. When the government or
iginaIly declared the stream naVigable.
it naturally took ownership of all land
between the meandering points and the
banks, regardless of any latent accfe-
tions. This once possessed ownership
may be lifted again, and an interesting
and important legal battle may result.
It is too far ahead of course, to indi-
cate what the government may do, be-
cause just now the attorneys for the
department of justice are bending their
energies to declaring the stream naVi-
gable, and viii cross the other bridge
when they come to it.
According to the talk I had with the
engineers" said County Surveyor
Rodgers this morning, 1.-The matter may
result in a very important contest that
would be far-reaching in its results
The two most important concerns that
would be affected in Topeka, SO Gar as
1 notice now, would be the Wolff Pack
ing company, and the Rock Island rail-
road yards Felitz island would also
come into the matter. The engineers
mentioned the question to me, and said
that the matter of conveyance of the
land would enter largely into the ques-
ton They copied the meandering
points very minutely and checked up
the data which they copied from my
records. So I would suppose that the
question is already receiving the atten-
ton of the government attorneys"