The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-10-18
H0CHSAYSTAKEIT
Gives n. k. & T. Right to Use
States Name.
Governor Bailey Had FIatly Re-
fused the Request.
MIR. MADDEN GETS IT.
Railroad Company Gives Early
Reward for AppOin tment.
Governor HOch Says He Can't
See Harm in It.
MIR. MADDEN GETS 1T.

The state of Gansas has granted to
the Missouri, Pansas & Texas rail-
road the right to use the name of the
state in a lawsuit to get possession of
million dollars worth of land in the
Indian Territory which is now held by
the Indians.
It seems that this concession was
secured from Governor Hoch for the
railroad company by its new attorney,
John Madden, who is a close personal
friend of the governor.
When Governor Bailey was in Office
the M. Z. & Z. made a strong fight
TO obtain his permission to use the
states name, but Governor Bailey
turned it down. He was afraid that it
would iJure the record OF his admin
lstration and the chances of the Re-
publican party to become involved in
any way in what was claimed by some
to be scandalous attempt to steal
/ thousands of acres of land from the
Indians for the beenfit of a railroad
company.
In spite Of the fact that General At
| torney Hagerman of St. Louis and T.
/ n. Sedgwick, attorney for the Kansas
/ lines, both came to Topeka and made
| strenuous efforts to secure the ap-
proval Of Governor Bailey, the whole
proposition was turned down.
When Mr.. Madden was appointed it
was through the influence of Gov
I
peal to the railroad company that Mr..
/ Madden be given the place.
Governor HOch admitted this morn
ing that he has given permission for
| the use of tn name Of the state.
There is nothing new about the
matter said Governor Hoch. SIT was
| about two months ago that I consented
to allow the railroad company to use
the states name. I could see no possi-
bic harm in it to the state. We do not
have to pay any of the expenses of the
4 suit; we profit in no way by the out
come and the whole affair is managed
entirely by the railroad company.
MY understanding is that the state
/ was made the trustee for a large
amount of land which was to be
/ turned over to the NJ K. & T. under
4 pany claims that these conditions have
been fulfilled. and it wants to get the
( land. The land is all IN Indian terri
tory. j know that the case was ND be-
fore Governor Bailey, but my under
standing is that il was presented to
I him toward the close of his term, and
he did not care to act upon it for that
I reason. He referred the matter to
/ Attorney General Coleman, and Mr..
! Coleman gave him an opinion to the
effect that it would be perfectly proper
to allow the name of the state to be
used in the suit.
! There is only one way for the NJ. x.
| & T. to get a. hearing in court in this
case, as I am informed, and that is
by The consent OF the STATE Wn1cn IS
the trustee, to use the states name.
granted this permission, because I
could see no good reason for with
holding it.
When Attorney General Coleman
was asked concerning the matter, he
refused to talk.
Il have nothing whatever to say
about that matter at this time," he
said.
Governor Hoch was unable to state
/ whether the suits had yet been brought
| in the states name, or what progress
was being made with the proposed Iti-
cation. 1t is certainly a great triumph
i for John Madden, the railroad attorney,
to succeed in accomplishing without any
| apparent difficulty what two of the big
/ guns of the M. K. & T. legal depart
ment had failed to accomplish only two
/ 1t seems that Governor HOch has been
Tt sees that Governor Hoch has been
misinformed about the reason for the
failure of the company to get the con-
sent of the state to use its name. Gov
ernor Hoch says that Governor Bailey
did not refuse the desired permission,
but simply postponed action, owing to
the fact that the matter was brought
to his attention so late in his term.
1t is stated on good authority, however
that the matter was thrashed out be-
fore Governor Bailey during his first
year in office. Elaborate briefs were
filed by the railroad attorneys to show
the nature of their case. They urged
that without the use Of TIE states name,
they would be DOwerless.
!