Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-10-05
Katy suit. He said:

Katy" suit. He said:
"The policy Of the government in
making land grants to encourage the
building Of railroads did not originate
as many seem to think with the
exlgencies of the war. 1t Was a
recognized principle and had been
put in force on many occasions years
before that time. Even in the case
Of the great Pacific railway it had
been contemplated and urged long
before the war was thought of. In
1850 the Illinois Central received a
most valuable grant. In 1858 and
1859 various roads in Wisconsin,
Iowa and Minnesota we're likewise
helped. When therefore the govern.
or of the state of Kansas 10 attempt.
ing to excuse the action Of the Mis-.
souri,, Kansas & Texas railway in the
suit W 1ich has been instituted in the
name OF the state IN Its behalf invokes
the sentiment of patriotism he is not
dealing fairly in the treatment Of the
question.
RATHER LATE FOR PATRIOTISM.
sin any event it was very much
belated patriotism if such a sentiment
could possibly be supposed to exist.
Governor Harvey certified that the
road reached the south line of the
state in 1870, five years after the
close Of the great Civil war. This
plea Of patriotism was much used by
the syndicate that was seeking to rob
the government in the Union Pacific
settlement; it was also urged in pa.
tketic language by Coils P. Hunting.
ton to save his millions in a similar
debt.
Governor Hoch speaks Of his
duty as trustee. Governor Bailey
who preceded him had the matter
carefully presented to him and he
was urged to permit a similar action
but declined peremptorally. Govern
or Hoch's duty as trustee goes far be
yond the fact. The Secretary of the
Interior, Mr.. Cox, is on record as
stating that his trust consists merely
in taking over the title to the public
lands covered by the grant where
such lands existed and holding the
lands in trust for the road until com
pleted. Where there were no publit
lands there was no subject matter fol-
the trust and it required no actor
on the part Of the state. Officials o
the land department state that Their,
have been many cases where railroad.
failed to obtain land which they ex
pected to become public lands, but il
which they were disappointed.
I'm no case, they say has Their,
ever been a case where the state a
trustee has attempted to act unles
the lands were thrown open by tn,
government and were subject to tn,
general land laws. The governo
says that the railroad is entitled I,
its day in court. Many years agc
this same company setting up
similar claim upon the Usage land
entered the courts without the assist
ance of the then governor. Th,
case reached the Supreme court o
the United States and it was decided
adversely to the company. Til,
same course was open at any time t.
the Katy. A railroad company sci
dom needs assistance to get int
court.
Governor Hoch says the allottee.
need to have the suit brought to quie
their titles, but no case is given wher,
any appeal was made to him BY an,
allottee for such imaginary relief
They have their patents from tn,
United States government and the,
have had over and over again, tn,
declaration by Congress that the,
would not be disturbed. In the Law
passed last April concerning the fiv
civilized tribes section 27 expressl,
states that the lands shall never be