The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-26
HOCH TELLS IT ALL.
CONFINED from Page l.
and would seem to be. an act OF simple
Justice to both parties

Justice to both parties.
1T is urged that the company has
no moral right to those lands and that
I the state of Kansas should not lend It's
name to the bringing of the suit TO de-
4 termine the question Of title II must,
at least, be conceded, however, that the
company has a moral right, as has
every one in this land of law. to have
/ its day in court, otherwise we have no
4 safety in government. For the state OF
4 Kansas to become a trustee Tor the
railway company by the act of its own
/ legislature and then refuse to dis
charge that trust is a monstrous propo-
sition. Among men in the business
world a trustee who would refuse to
discharge his trust would be removed
by the court and would lose the re-
speet and confidence of his associates
in business.
Katy Gave Indemnity Bond.
The governor of the state before
! the order was made to allow the name
of the state of Kansas TO be used re-
CURED that the railway company IN
demnify the state against all expenses
and costs of such litigation, which
bond was given by the railway COM
pany, and hence the litigation does not
cost the state of Kansas or the alIOttee
anything All their interests are pro-
tested in having the question deter
mined by the highest tribunal IN the
United States at the earliest possible
date, so that the railway company ana
the allottee may know their respective
rights before settlers seeking invest
ment in the territory purchase lands
with clouds upon the title that may
cause them great trouble and result in
the expenditure of large sums OF
money to litigate the matter which
ought to have been determined a the
start. My action was a simple act of
justice tC the railway company that
pays thousands of dollars annually in
the way of taxes in this state, but
greater still to the Indian allottee and
( to those who made purchase of any
portion OF his allotment from him so
as to avoid a multiplicity of suits being
maintained at private expense.
Hits the Opposition Newspapers
'.The state of Kansas by invoking
the equitable jurisdiction and powers Of
the supreme court simply discharges
its plain duty as trustee, duty vol
unfairly assumed by its legislature.
The contention of Attorney General
Moody that the state had no right to
bring this suit, so prominently paraded
by opposition papers a week or two
ago, has been decided by the supreme
court of the United States against Mr..
Moody. and the court has ordered the
bill of complaint in equity filed. The
attention of said papers is respectfully
called to this fact lest in the rush Of
important business they overlook this
fact.
THE Emporia Gazette, with mar
velous inconsistency, has contended
that there was no cloud upon the title
to these lands until I put it there by
the official action in question. but in
the same article says that other gov
errors had been asked to take this
action but had refused. Was not the
application of the railway company in
itself a cloud. or did the refusal of
any governor to comply with the trus-
teeship imposed by the legislature re-
move that cloud2 This paper repeat
edly accuses me of trying to rob the
people o. so million dollars. How
can the submission of a great legal
question to the highest judicial tri-
bunal in this country be an attempt
to rob the people of so million dollars,
or any other sum If the supreme
court of the United States decides in
favor of the railroad will 1t be rob-
berry or Justice To answer robbery
is to besmirch the supreme court.
When the solution of a great legal
problem involving property rights
cannot safely be submitted to the su-
preme court of the United States, then
indeed is this republic in deplora BILE
condition.
Again this same paper says that
the Dawes commission had decided
this question. The Dawes commission
is not judicial tribunal. 1t is an adj
ministrative body When it was al
lotted these lands the railway company
asked that every alternate section be
dBQLlEQ 10 H. lite COllUllSSlOll very
properly refused because it would
have been absurd for a mere admin
istrative body representing the govern
ment to have decided a grave and
great legal question against the gov
eminent. Suppose it had so decided.
would the government have submitted
to the decision? No, the government
would have taken the case where the
railroad has taken it and where it
properly belongs. to the supreme
court Of the United States.
Political Demagogues Responsible.
This suit avoids perhaps thousands
Of law suits that might be brought by
this company ags4ust tie Individual
alottees, which suits they would have
been compelled individually TO con-
test at great expense to them. Such
litigation would ultimately reach the
supreme court where It now is, but
years of litigation and endless indi-
Vidual expense and worry would be
/ the inevitable result. Impecunious
lawyers may object to this simple
short cut to a settlement of this long
mooted question, but the Indian
allottees are not complaining. nor has
any citizen Of Kansas anv reason to
complain Complaint IS only made for
/ political effect by political demagOg
who take advantage of the prevalent
prejudice against railroads in general
] to appeal to this prejudice on the part
! of the people. Ny attitude toward
the railroad problem is we'll known
! No one has insisted mole strenuously
/ than I that government, state and ma
tional. shall exercise its undouor=d
prerogative to control corporate greed
and compel all corporations to give the
I people a square deal. But I am edually
as much opposed to the domination
of demagogues as to the domination
/ Of corporations IN this country. There
Is not a single phase of this offieial
act of mine that will not bear the
/ evoke from every fair man the ad-
mission that I did absolutely right in
this matter.
Defends John Madden.
.sThe charge by intimation or inuen-
do that there was some sort of rela-
ton between the annointmant Of nv