The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-10-19
THE ..KATY . BIrsINEss.


avoid entangling alliances, was
the advice given by George Washing
ton. The most charitable view that
can be placed on Governor Hoch's ac-
ton in granting to the Missouri. kan
sas & Texas Railway company the
right to use the name of the state in a
suit to get possession of a large
amount of valuable land in the Indian
Territory, is that the governor got
into an changing alliance.
Many years ago congress made
land grant to the first railroad that
should build down through the Indian
Territory. The grant was the usual
one of every alternate section for
certain distance on either side Of the
right-of-way. The state of Kansas
was made the trustee of the land. The
katy was the first road to build
down through the territory, and it
claimed the grant It got the land
that was In Kansas under the grant,
but it had to sue for that which was
in the Indian Territory. It is said
that the courts decided that the land
ia the territory belonged to the In
dams and that congress had no right
to give it 10 any railroad company
without first buying it from the IN
dams. the rightful owners
Since then the land has been greatly
improved by the Indians ana has be-
come immensely valuable. It has now
been allotted to the members of the
various tribes passing into their hands
as individuals. OF course the railroad
company is now more anxious than
ever to get the land, as it means more
than a million dollars to it's owners.
AS the railroad company has once
sued for the land and been beaten, it
cannot again maintain a suit on the
same ground, and so its attorneys two
or three years ago hit on the scheme
of having the state of Kansas as trus-
tee, bring suit against the Indian
owners. Of course the state of KAN
sas has no interest in the suit, and all
the Katy" attorneys wish is the per-
mission of the state to use the states
name as plaintiff. They will do the
rest.
While Governor Bailey was chief ex-
ecutive T. n. Sedgwick, general attor-
ney for the Katy" came to Topeka
several times, and he was accompan-
/ led once or twice by James Hagerman
of st. Louis, general solicitor of the M.
K. & T. system, to secure Governor
/ Bailey's permission to use the name of
the state in this suit. After hearing
their claims Governor Bailey turned
down the request. He stated to the
writer at the time that Kansas had no
interest in it and he saw no reason for
the states taking up the railroad COM
/ pany's controversy when it might work
an injustice to the parties now in pos
session Of the land.
/ Governor Hoch seems to have taken
1 the other view os it. He admits that
| the state has no interest in the suit one
way or the other. and so he sees no
reason why it should not help the rail-
road company in its suit against the
I Indians. Why doesatae governoratalze
this view?
4 It will be remembered that there was
a vacancy in the office of general attor-
ney of the Katy for Kansas a few
1 months ago. Governor Hoch asked the
company to give the job to his friend
John Madden. He said he made it as
a personal request. He was doubtless
/ honest in the matter and his only de-
sire was to help a good man whom he
1 had known for a long while. and one
I who had helped him. But the Katy
/ officials undoubtedly thought ofthe per-
] lli5SAoAA IL " lSiACQ rum the SOR CLilOI "a
Kansas. John Madden was appointed.
/ The Katy lost no time apparently in
making it's request of the governor. and
he, doubtless feeling under obligations
/ to the company, granted it,
The first intimation the people of
Kansas had of the action of the gov
| ernor was when it appeared in the
annual report of the NJ. K. & T. a few
days ago. It seems rather peculiar
that it should have been kept so still,
! as the permission was granted two
months ago.
There is no suspicion that Governor
Hoch acted from any motive of per-
sonaI gain in the matter. but there is
a suspicion that by asking a favor of
the n. K. & T. he got himself into an
/ "entangling alliance" and felt himself
obligated to grant the railroad COM
pany's request. His action win neces-
sarily bring considerable criticism
upon him, and justly so. The state
has no interest whatever in the suit
of the railroad company. The courts
| have already passed on the question
once, and the action of the governor
only gives the company another
chance to put the Indian property
owners to the expense of defending
themselves against heavy litigation. II
looks as though the state is becoming
a party to a great injustice.
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