The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-03
HOCH DENIES IT.
Says Emporia Gazette Story About
NIadden's appointment Is False.

Governor Hoeh enters a denial of the
story printed in the Emporia Gazette
as general attorney for the NJ, K. & T.
in exchange for using the name of the
state in the railroads efforts to secure
immense tracts of land in the Indian
Territory.
ssIt is true that John Madden is a
personal friend of mine, said Governor
Hoeh, 'sand he has been for many
years. 1t is true that I Endorsed him
for the position that he now holds, as
evil as for a dozen others and hope to
indorse him for many more If he and I
live long enough. It is also true that
the attorney general, with my consent.
has asked to be allowed to institute
this suit in the United States supreme
court. But this suit win not cost the
state Of Kansas a penny. I allowed the
name of the state to be used because
7 believe that such suit is necessary
to settle the rights of the people who
have taken up this land and who are
living upon 1t now, as well as to ascer-
tain what claims the railroad company
has to the land.
TT appeared to me that it would be
to the best interests of the people as
well as of the railroad to have this
matter settled once for all. So far as
the charge is concerned that consent
ed to the use of the name Of the state
in this suit in exchange for the ap-
pOintment Of Mr.. Madden as Kansas
attorney for the Missouri, Kansas &
Texas Railroad company, 1t is abso-
1utely and unQualiied1y false. There is
not word of truth in that statement,
and there was not the slightest connec-
ton between the two incidents Meth
er Of them hinged in the least degree
upon the other"
Ex-Governor Bailey, during his term
in Office, on two different occasions
refused the railroad company the use
Of the name of the state in a suit of
this kind Governor Bailey was asked
this morning why he turned the rail-
road company down on these requests.
He said.
Il did not believe that these people
who have settled on this land and
made their homes there should be mo-
Tested and turned out. just to satisfy
the grasping avarice of a railroad cor
poration and for that reason 7 refused
to lend the name of the state of KAN
sas to the transaction"
In the United States supreme court
Monday a motion was filed by the at
tornev general of Kansas asking leave
to file an original suit on behalf of the
state gainst the officers of the interior
department. the head chief and sub
ordinate officials of the Creek tribe of
Indians and the allottees of that tribe
Kansas & Texas Railroad company to
the land granted to that company
through the state of Kansas In 1866.
This IS part of the grant which
covers each alternate section of land
/ for ten miles on either side of the Mis-
souri, Kansas & Texas road. through
not only the Creek nation. but through
/ the Choctaw. Chickasaw and Cherokee
nations. In the Creek nation there is
more than one-half million acres OF
i land and the entire grant embraces
three million acres. The value of the
| land is placed at $40 an acre, but some
OF It is coal land and IS worth far
more.
Congress agreed to give the frs
railroad building through Indian ter
/ ritory to the south every alternate see
ton when the land should become
public domain. The land is owned BIZ
the Indians and never has and never
viii become public land