Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-05-17
ONLY ACAT'S-PAW
Kansas Has No Interest IN H., <. q
T. Land Suit, Declares Attor.
ney General Moody.
BENEFIT RAILROAD ALONE.
Government Brief Holds Coleman
Acted without Authority I'm
BRinging Action in the
Name Of the State.

Washington, May 10.--The Fedora
government has acted against the stand
of Gov. Hoch in. the Missouri, Kansas
g Texas suit Attorney General Moody
has fled In the supreme court an an
swer in behalf OF the government
against the consideration by the
supreme court of the suit brought by
the state Of Kansas In behalf Of the
Missouri, Kansas O. Texas Railway
company. The Attorney General
takes the position In the brief thai
the state Of Kansas has no substantial
interest in the subject matter and 4
only nominally the complainant AM
that the real party in interest Is the
railroad company, as appears upon
the face Of the BILL"
In its brief the government advances
much the same arguments against the
consideration Of the rights OF Kansas
to appear In this suit as the citizens
and newspapers Of that state have
suggested In interviews and editorials
The difference is that the Attorney
General quotes congressional enact
ment and opinions Of the supreme
court in support Of his contentious.
The government lays down the'pro-
position that 1t does not appear that
the attorney general for the state Of
Kansas has any authority to institute
the contemplated suit" and alleges that
he has no right to bring action In be-
half Of the state unless so authorized
by an act Of the Legislature or the
direction Of the governor. or the
counsel for the state, 1t is alleged that
one at least belongs to the legal de-
partment of the railway company
Apparently the proceeding" said
the United States attorney general,
lis under the control Of the railroad
company, and the name Of the state is
used simply for the purpose OF prose-
cutting the claim of the company to
the lands In question and as collect
ing agent for It II the value thereof
could not be recovered against the
United Statea Doubtless the expense
of the action is to be borne by the
railway company. Under such cir
cumstances Il is well settled that this
court does not possess original juris.
diction OF suits by state"
It is alleged in the governments
brief that Jurisdiction in the supreme
court Is limited to two classes Of cases
First, those which affect ambassa-
doris, other pubic ministers and con-
suls; and second, those in which a
state shall be a party subject to lin
itation Of amendment eleven.
The proposition is therefore laid
down, and an effort will be mede to
demonstrate IT. that Kansas as a
state has no interest whatever in this
suit and that 1t is one which con-
Germs the Missouri. Kansas & Texas
Railroad company alone. The attor-
ney general says:
The state Is not interested in the
construction Of a road beyond its
boundaries, and congress did not in
tend to grant Il lands for that pur-
pose"
It Is alleged that: I'm formal COM
munications and protests by It to the
Dawes commission, the townsite COM
mission, the Indian agent and the
secretary Of the interior, the tracts
In question have been claimed by the
railway company invariably hereto
fore as its own without reference TO
any interest of the state therein"