Omaha daily bee., 1906-11-11
Original Grant Gives Company "trip Two
Hundred / Get in Width.
AND NFTESwARO sulO TO INDIVIDUALS
In Patents No Exception is Made Of
Railroad Lands,
CASE WILL co TO SUPREME COURT
Kansas Tribunal Holds that Govern
Inent Cannot Make Good Title
to Land Previously Dis
posed OF.


acres Of the most valuable farm land In
Kansas, together with a large amount OF
land located in towns and cities Of the
state, is given TO the Missouri, Kansas &
Texas railway by a decision handed down
today by the Kansas supreme court ia the
case Of that railway company against one
Watson.
In July. 1860 congress granted to the
Union Pacific Railroad company southern
branch, now the Missouri. Kansas & Texas
Railway company, riRht-of-way 2OO feet
wide from Fort Riley to the south lino Of
the state. a distance of about $50 miles.
Afterward patents we're issued to private
persons for land through which the rail-
road runs without excepting the right-of-
way The persons holding these patents
have treated the rlght-of-way as being only
100 feet wide. In some cases valuable i'm
provements have been made by them on
the outer fifty feet on each side of the
railway tracks and they have occupied the
land without, disturbance for many years.
The railroad company brought suit to oust
these occupants and the court now decides
in it's favor.
The land affected by the decision lies in
Geary. Morris, Lyon Coffee. Woodson,
Allen, Neosho and Labette counties in one
OF the most fertile portions of the state.
Among the larger places touched I'm these
counties by the Missouri. Kansas & Texas
railway are White City. Council Grove,
Emporia, Burlington, Chanute Parsons, Os-
Wego and Chetopa,
MIR. Watson. the defendant, is one OF the
many landholders occupying land along
railway right-of-way. 1t is believed
the case will be appealed to, the supr
court of the United States.
Case to BE Appealed.
The opinion was written By Justice Blu
who said the case must finally. be dec
in the United States supreme court, az
act of congress- is involved. From for
decisions of the higher court Justice B
holds that the grant to the railroad
effeet Immediately. upon the passage Of
act and that all persons who bought
adjoining the railroad property took
titles subject to tho company's rights.
is based on. the fact that the oficials q
land department could not issue psten
persons which would aIIow the pure
title TO the land which already had
given TO tho RAILROAD. tE
The wide rieht-of-way was granted
railroad with the express provision II
troops ard munitions of war should b
ried free forever and private indlv
could not encroach upon the right-o
since the country has been settled.
the company can be deprived OF the
| The case decided today should not
/ fused with the suit of the Missouri. J
& Texas railway against the gove
! for the land grant I'm Indian Territ
which Kansas Is acting as trustee
railroad company. The latter case
! in the United States supreme court.
! Alleges Adverse POssessiO
/ The case decided today was fled
/ 1875. by the Missouri, Kansas & Tex
way against William Watson to reco
| tracts Of land in section % in
county. Upon one quarter section
/ land Cloa Miller had settled prior
! in which year she purchased the land at tn
United States land once for 500. receiving
n patent from the government In 1871 Tn
other quarter was settled upon by wilfoT,
Cooper prior TO 1870. in which year he pur
chased it at the government land once, re
ceiviug a patent year later. Watson
claims his title by virtue OF chain OF con
veyances from thege two patents down Z
himself He also claims the land by virtu
OF adverse possession for more than twenty
hve years.
Inquiry Of John Madden, general attorne
for the Missouri. Kansas & Texas raiiwa
at Parsons Kan. this afternoon develope
the fact that his company could not, al tn
present time. state tho number Of acres o
land involved nor its approximate value
Mr. Madden said he was not prepared {
say what the next step OF the company {
its attempt 20 gain possession Of the Ian
might be-
Few small Tracts Affected.
ST, LOUIS Nov. lO.-Joseph NJ. Brysir
assistant general counsel of the Missouri
Kansas & Texas railroad, when iuforme
tonight by the Associated Press Of the dc
eision of the Kansas supreme court I'm IN
Watson land case, said that very sma
part Of Tie right-of-way was affected b
the decision Mr.. Brysin said that the rail
road was now In possession OF nearly a
the land claimed by the original grant an
that IN only isolated instances had the pres