The Topeka state journal., 1906-05-22
4. 5. Supreme Court Lets State
intervene in Katy Case.
Right to Sue Government Has
Been Upheld.
WHAT GOV. H0CH DID.
Gave Railroad Permission to
Use Name Of Kansas.
Can Not Come Up Before First
Of October.

Washington, May 22.-The supreme
court on Monday granted the petition
fled by the state of Kansas on behalf
of the Katy railroad to bring suit
against the United States government
for the purpose of getting possession
of thousands of acres Of very valuable
land in Indian territory for the rail-
road company.
Permission to use the name of the
state in this action was given to John
Madden, attorney for the NJ. K & T.,
by his next friend, Governor E. w.
HOch. Attorney General Coleman has
taken an active interest in the pro-
ceedings. having gone to Washington
at the expense of the NJ. K. & T. rail-
way to argue the application for per-
mission to sue the United States.
The government will now be COM
PEELED to file its answer and present its
contention regarding the land grab.
The government will deny that the
title to these lands has ever passed
from it.
It is possible that a new state ad-
ministration in Kansas may be called
upon to prosecute this suit. An inter
esting development might follow in
the event of the election of the Demo-
cratic ticket in Kansas 3 Governor
Harris 2Eu Attorney General Over
myer would not, in all probability, sit
supinely and permit the case to be
urged in the name of Kansas. The
railroad company will, of course, pre-
sent its case through its own lawyers,
for Kansas is a mere fgurehead in
the suit
No session of the court will be held
until October, but the government s
answer Eill be fled in the meantime
On account of the Importance of the
suit. Attorney General Moody, himself,
will enter into the case. There is no
where felt in government circles, any
apprehension as to the ultimate out
come The congressional lawyers who
have studied the situation, are all Of
one opinion The legislation enacted
has been with the idea of defeating
land grab on the part of the railroad
companies. The tribal governments
are, at this time. in operation as their
dissolution was indefinitely postponed
by resolution of congress.
Section of the act of July %, 1866.
granting lands to Kansas to aid in the
construction of the railroad to the Red
river. provides that "the same grants
of land through the Indian territory
are hereby made as provided in the
first section of this act. whenever the
Indian title shall be extinguished by
treaty or otherwise, provided that said
lands become a part of the public
lands Of the United States"
It has always been contended in
congress that these lands should
never become public lands and the
records are clear on the subject The
supreme court has always INQUIRED
into the congressional intent. case
in point is that Of the Burton decision
handed down, where Justice Brewer
in his dissenting opinion, quotes from
the chairman of the committee who
reported what is known as section
1882 of the revised statutes under
which Burton was indicted and con-
victed-
The congressional intent is pre-
served in every discussion which has
followed the bill intended to wind up
the affairs of the five tribes from the
beginning of the Dawes commission.
It is shown in unmistakable terms in
the discussions over the five tribes bill
this session and to absolutely guard
against any such possibility as Gov
ernor Hoch and the Missouri, Kansas
& Texas railway have combined to
bring about, a new section was in
serted in the bill on motion of SEN
ator Long which declares in express
terms that upon the dissolution of the
said tribal government tribes the
lands belonging to the Choctaw ws.