The Topeka state journal., 1906-06-22

congress and every treaty which an
pears to fix grants was only to inure to
the benefit of the roads in the event
of the Indian land becoming public
land In fact for many years It has
been settled policy of congress as
rapidly as possible to allot these lands
and to give the Indians the incentive
OF individual ownership. The surplus
lands were to be disposed for the
benefit of the tribes. Public lands
have been defined over and over again
TO be lands which are subject to dis
position under the general lands laws.
We all rem ennber the attempt Of the
Leavenworth, Lawrence & Galveston
Railroad company to get possession Of
some Of the Usage Indian lands They
were defeated by the supreme court
upon the theory which I have men
toned as to what were public lands.
Even as recently as February last
debate in the senate distinctly showed
the purpose of congress to be not to
allow any of these lands to become
public lands or to revert in any way to
the railroad company.
Long and Curtis Helped
"Mr Long of Kansas took an active
part-in bringing about this result. Mr..
Curtis as far back as 1898 is on record
as taking a similar position and while
the Missouri, Kansas & Texas Railroad
company has on all occasions actively
protested, congress has gone from
year to year adhering to this policy.
The aliottees make no complaint nor
have they appealed in any way to the
government to protect their rights.
They have the government of the
United States behind them and there
is no fear on their part as to the
validity Of their title.
'sTh g purpose Of the suits cannot In
any way be construed as for their
benefit or in any way relieving them of
any difficulty or distress. The railroad
company itself might have brought
suit in the lower courts had it desired
to and thus established whatever rights
may exist in It's favor. The trust as
sumed by the state Of Kansas in no
way becomes active until the condi-
tiOns precedent have been brought
about. Until these lands become pub
lie lands the trust is dormant and there
was no necessity for any action on the
part of the state. Doubtless this was
the position taken by ex-gOvern ors who
declined to assist the railroad company
in its effort against the United States.
The brief of the attorney general deny
ing the right OF the state to act is full
of conclusive arguments why the gov
ernor should have refrafned from in-'
terfering.
1.-THE matter will now rest without
prejudice until the courts take It UP in
October. It Is well known here that
in the opinion of Simon Sterue, one of
the ablest lawyers the country ever
had, the railroad company would new
course the question naturally occurs in
view OF the situation, why should the
company make such an attempt?
Men well informed assert that il
was simply a stock jobbfng operat tfon
and an effort to advance the price Of
the common stock and to enable what
are generally believed to be the Rookie
feller interests to unload on the pub
lie. This, of course, is merely a mat
ter Of conjecture. In the case of the
grant to the Union Pacific there was
a provision in favor of that railroad
very much stronger IS regards Indian
land than anything which the Missouri,
Kansas & Texas can set up. Congress
agreed in behalf Of the Union Pacific
road to extingufsh as rapidly as possi-
BILE the Indian title to such reservations
which the roal might pass This in
vOlved on the Kansas division. the Della
worth and JEFFERSON counties. and the
POttawa t0nies' reservation at a point
near Topeka to & point near Wahenta.
These reservations, however, after g
sufficient amount having been allotted
to the Indians, were sold by treaties
ratified by the senate to various pur-
chasers, and by them to the settlers
who now occupy them, yet no claim has
ever been set up on the part of the
tied to any of these lands or could re-
cover from the government
The plea of patriotism was invoked
only in behalf of this company in favor
Of a reduction of the debt which It
owes the government, although in that
case. as well az in the Missouri. Kan
sas & Texas case, nothing was done of
any Importance until after the exigen-
cies Of war were at an end"