The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-23

ment must stand between them and
danger, and surely the government
cannot object to its congressional en-
actments being reviewed by its own
supreme court. Nor can any patriotic
American citizen reasonably object to
this procedure. If Colonel Harris and
his party associates cannot trust the
supreme court of the United States to
pass judgment upon this case and do
exact justice to all parties and protect
all legitimate interests. they should
frankly say SO. So far as I am con-
cerned ] have implicit confidence in
the ability and integrity of the high
est judicial tribunal in this country
and am not afraid to trust this or any
other great question to this tribunal
for final solution. The decision of this
case is the best possible thing that
can happen to the Indian Territory be-
cause it will forever settle the ques-
ton of title and remove the cloud
which must forever hang over it as
long as the railroad company insists
that it has a claim Only spectators
and political schemers among those
who know the facts in the case can
object to this suit A discussion of it
almost seems an insult to intelli-
gence There is not q phase of it that
is open to just criticism.
NV opponent. Colonel Harris. denies
my assertion that this land grant had
its inception in patriotic purposes and
grew out of the necessities of the gov
eminent during the civil war I have
not contended. as Colonel Harris init
mates or alleges, that this was an act
of patriotism on the part of the rail-
road company, but I affirmed and re-
affirm that it had its inspiration in pat
riotic impulses and necessities on the
part of the government. It is unfOrtu-
nate for Colonel Harris that he has
taken the position he has in this mat
ter The facts are that on March s,
1863 while the country was rent with
civil war, while neighboring states like
Arkansas and Texas, largely aided by
Missouri and the warlilke tribes of IN
dams in the Indian Territory, were try
ing to destroy the union, and while
Macmillan was setting up an empire
upon our southern border in Mexico.
this government under the stress OF
necessity for the transportation OF
troops and munitions of war for the
protection of its interests in general
and for the protection of loyal Kansas
in particular. passed an act for the
grant of lands. making the state OF
Kansas trustee. for the construction OF
a road one branch of which was to
start from Emporia and run down the
NeOsho valley to a point where rail-
road, also aided by said act, extended
from the city of Leavenworth to the
southern line of the state in the dlrec-
ton of Galveston bay in Texas. This
branch of railroad covered part of the
route covered by the later land grant
now known as that of the Missouri,
Kansas texas EldHMdS COAApdAlS
volved in this controversy. 1t was
specifically provided in this original
grant of 1863 and reaffirmed in the later
grant of 1856, now in controversy, that
this company for whose benefit these
lands were granted "shan keep its
road in repair and use and shall at all
times transport troops. munitions OF
war supplies and public stores. upon
its road for the government, free from
all cost or charge therefor to the gov
eminent. when required to do so by any
department thereof"
And it is fact that the Missouri.
Kansas & Texas Railway company still
transports troops and munitions of war
over its lines in Kansas free of charge
to the government, and it does it solely
on account of the conditions of this lana
grant And the same rule Will apply IL
the Indian Territory If any lands are
ever acquired there, as applied to kan
sas when the lands here were acquired.
For Courts TO Decide.
Whether other vital conditions of the
grant have been meteor not is not for
any governor OIL. candidate for governor
to decide but as ] have insisted all
along it is wholly and solely a question
for the court to decide. But certainly,
in view of the facts Of war history, 1t is
a matter of exceedingly doubtful pro-
priety for those who assisted in making
these land grants necessary to question
their patriotic initiative, and to crltlclSe
the official fulfllment of a trusteesh&D
voluntarily assumed by a patriotic. Kan
sas legislature. Colonel Harris is a
we'll meaning man, but in reference to
this whole question he mas evidently
/ been imposed upon by unwise if not
INSCRIPTIONS advisors.
Some new questions press for solution.
1 have favored direct primary election
law, and still favor it. Upon this ques-
ton, however much mooted In Republic
I can circles. the Democratic platform
/ and candidates are silent so that no
! Republican, however anxious he may
4 be in reference to this matter. can be
intelligently lured toward the Demo-
J cratic party with hope OF relief from po-
litical conventions and party bosses. If
! reelected I shall recommend the enact
ment of such a law, and have no doubt
1 that the next legislature viii respond 10
! this demand of the people 1t is only
/ fair to say, however, that there is d
I great diversity of opinion as to the
specific provisions of a primary election
/ law Honest differences of opinion exist
/ on the subject. but believe these can
be adjusted and a reasonable measure
/ enacted fair to all parts of the state
Passes Not Unmfxed Evil.
I do not believe that every man who
/ accepts free transportation is a scoun-
I drel nor do share in the extreme views
/ expressed by some as to the influence
! that is welded by such free transporta-
! ton. I believe many men in legislative
} halls go to an extreme in railroad leg
! islation that they would not go but fo-
the fact that they wish to convince
their constituents. and even satisfy
! themselves, that they are not Influenced
by the passes they have in their pockets
! The numerous and excellent railroad
laws passed by the last legislature. and
to which reference has been made here
in, were enacted by a legislature nearly
every member of which. including the
j Democrats, had in his possession a free
! r.1,f l..
! est. and that the few who can be bought
with the pass would be bought in some
other way. However / recognize in the
/ free pass the possibilities of pernicious
! influence and I think Kansas should
/ follow the example of Republican
] co.aarass aud eliminate this ell