The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-11-10
N. K. & T WINS.
Gets Title to Thousands of Acres
Of Land.
Blow to the Settlers Along the
Line.
WILL BE APPEALED.
Case to 60 to United States
Supreme Court.
Opinion Is Written by Justice
Il. A. Burch.
BE APPEALED.


Thousands of acres of the most val
liable farm land in Kansas. together
with a large amount of land located
IN towns and cities of the state is Civ
en- to the Missouri, Kansas & Texas
railway by a decision of the Kansas
supreme court today in the case of
that railway company against Wat
son.
The case is of such vast Importance
that it VIII doubtless be appealed to
the supreme court of the United States.
In July, 1866. congress granted to the
Union Pacific Railroad company,
Southern branch, now the M. K. & T.
Ry- Co, a right of way two hundred
feet wide from Fort Riley to the south
line of the state. Afterward patents
were issued to private persons for land
through which the railroad runs with
out excepting the right of way. These
persons have treated the right of way
as being only n hundred feet wide
and in some cases valuable improve
ments nave been erected on the outer
fifty feet m each side. which have been
occupied and used without disturb
ance for many years. The railroad
company brought suit to GUS these oc-
cupants and the court decides in its IA
xor. The opinion was written by Mr..
Justice Burch. who says the supreme
court of the United States is the final
arbiter in cases of this character be-
cause an act of congress must be con-
strued, and hence that the decisions Of
that tribunal upon the questions in
volved are controlling. Following those
decisions it is held that the grant to the
railway company took effect imme-
diately upon the passage of the act of
1866, and that all persons subsequent
" acquiring land through which the
railroad ran did so subject to and with
Taffnn- ~ 4Aa 80 10 ~ .
After the land had been granted to the
railway company for railway purposes
by xpress act of the officials
of h land department could no more
issue a patent which would vest title
as against the grantee in the act of
congress than an individual could
make 2 conveyance which, would vest
title to land he had already decided
away.
The right Of way was granted to
the railway company for the general
public beneht< The railway company
was also required sbt the act of con
Ress to carry the treop4 munitions of
war and supplies of the United States
free forever. The determination by
congress of what width the right Of
way should be to accomplish those
purposes, not merely when the land
was unsettled Indian country but
when in the future The road should be
b~urdened with the commerce Of rich
n populous states, was conclusive,
and private individuAlss cannot en-
croach 1pon h right of way and ac-
quire title to any part.of st so as to de-
prive the company Of it whenever it
needs or desires tesuse it. Private in
dividuaiss cannot thus defeat the pur-
/ poses of an act Of congress.
Such being the decisions of the su-
preme court OF the United States the
state supreme ~ceurt~conld do nothing
but decide in favor of the railroad
company. 49,
lies in Geary, Morris, Lyon, Coffey,
Woodson, Allen. Neosho and Labette
counties.