The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-11
WHITE TO LONG.
ElnlpOria Editor Tells What ssKaty''
Suit Really Means.

Emporia, kan. Oct 11.-William
Allen White had something to say
when be read this morning the Topeka
statement of Senator Long in refer
ence to the Missouri, Kansas & Texas
suit, as published in the Times. Sena-
tor Long said that, as a lawyer, he be-
leved the katy had no right to the
land 1t seeks to acquire. Senator Long
continued:
II do not think the original grant
would allow this, but last winter I in
trOduced q bill which would forever
prevent the lands becoming public and
which would act as bar against the
railroad have never been able to
understand on what grounds the Katy
wanted to bring that suit"
Senator Long should read the brief
OF the Missouri Kansas & Texas rail-
road In that suit prepared by Joseph
Choate, the Katy attorney, said Mr.
White. ION page 159 of that brief a
little above the middle OF the page
Senator Long may observe that the
Katy brought that suit not hoping to
get the land but asking specifically
and in terms for money damages from
the treasury Of the United States, in
breach Of contract because the land
which once was promised to the road
had been taken out OF the public do
main and therefore away from the
railroads possessions
THAT IS the reason the Katy is
bringing this suit. All talk of the suit
being a suit to quiet title to those con-
trOverted lands is mere subterfuge.
That was the chloroform on the hand
kerchief that they put to the nose of
Governor Hoch- If the road had a de-
sire to quiet the titles TO the land it
would have brought suit only against
the present owners of the land and not
against the government which issued
the title to the land. The gOvernm ent
Is made a party to the suit because the
II
OF the government and not the land
itself
The real reason that the katy suit
was brought was for blood money
They ask in so many words that the
100000 acres Of land in controversy be
appraised and that the federal taxpay-
ers Of this country dig down into their
pockets and pay the railroad the esti-
Der and mineral land, about so million
dollars, and give that unearned money
to the Rockefeller road.
1.-THE road has many important legal
techniCalities on its side. The people
have the moral side However, it will
be settled not as moral question but
as a legal one. There is Just one way
TO make 1t dead sure that the Kansas
federal taxpayers viii not have to pay
their share OF that money and that is
for Governor HOch to withdraw the suit
Then IT, as he claims, he desires to give
1he railroad its day in court let him
invite the IdllOdQ TO DTlflZ uanQanuS
proceedings in court to compel him to
bring that suit again If 1t is legally
or morally necessary for Kansas to
lend her name to that suit, surely the
courts in which Governor Hoch has
such beautifully childlilze faith will say
So
"The governor has given John Mad
den the benefit Of the doubt in bring
ing the suit, as the government ought
50 quiet the title to the land. Now that
Re knows 1t is a suit for damages for
breach Of contract. for money out of
the federal taxes Of the people, let the
governor be as fair to the people as he
was to John Madden before Joseph
GhOate's brief was filed Let him give
to the people the benefit Of the doubt.
II Is not yet too late.
cit is, of course obvious that these
words. coming in the heat of the cam
paign, may be construed as a political
attack. But they are not spoken with
that motive. It is possible that a sim
cere Republican may desire the cleo
&ion OF Governor HOch so much that he
would feel 1mpelled to show the COVER
nor a course that viii reinforce his
strength with the people. But even if
the worst construction possible be put
on what is said, it is at least said in all
sincerity by a partisan who believes
when the interest of his party and his
country diverge, he should speak fOI
his country and not be silent for his
party