The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-23
'K.U.MAY WIN OUT
Activity Again Manifest in Free
State Hotel Case.
Lawyers in Lawrence Taking
Additional Dispositions.
$4,000 is INVOLVED.
Natter Is Now Before the Federal
Court Of Claims.
Bill ApprOpriatIng Money Al
most Passed Congress Once.

Lawrence, Kan, Oct. 23.-Two law
yers, one for the government and one
Tor the state Of Kansas, have been here
for the past two days taking deposit
tions in the case OF the State university
against the federal government for $50, =
600 damages, due on the claim that
grew out of the burning Of the Old Free
State hotel here in 1856
This claim is now before the United
States court Of claims and there is
aome prospect of the claim being allow
ed and an early appropriation being
made to pay il. The claim has long
since passed in the hands OF the uni
versity, SO ii It is paid that institutions
viii profit by the amount allowed
The Free State hotel was completed
IN 1856 and the first meals were served
there May q Of that year. 1t was "a
substantial structure of stone and ce-
ment and was elegantly finished III
black walnut. 1t was very large motel
for those days and would accommo-
date many guests il was put up py
the Emigrant Aid association and the
object was to afford a convenient hos
telry for travellers and thus encourage
the coming OF New England free statets
TO Kansas.
1t was destroyed i'm 1856 by United
States marshal and posse Of deputies
They we're pro-slavery sympathizers
and burned the hotel to punish tne
anfi-slavery settlers. The building was
first fred upon with cannon, then part
~ destroyed by a charge of gun-poWdef
and finally burned down The first can
non shot was fired from the street by
David Atchisou, then one OF the most
prominent men in the United states. IL
was ex-VTnited States senator from Mis-
souri, and had been president pro tenn
OF the senate This was the first can
non shot fred between the north ana
the south. the outcome of 1t being the
civil war
Claims for damages have been MADE
at various times but without success
until in 1903, Edward Everett Hale,
chaplain of the senate. brought to
bear influences which resulted in q Dill
providing 500 600 to REIN burse the
owners Of the hotel-Or rather, TO re-
imburse the university, which had sue
ceeded to the claim. This bill was IN
troduced and passed both houses. Tt
went to President Mckinley just
eight days before the session closed
and he held it up for an opinion from
the attornev. general. The delay re-
suited in the bill being unsigned and
uuxetoed when congress- adjourned.
and it died Just two days before it
would have become a law by default
II congress had remained in session.
The matter was afterward taken up
by John O. Nicholson, state agent for
Kansas at Washington, ID. c.. and is
now before the court of claims, Tt
was to take dispositions to be submitted
as evidence before this court that Mr..
Nicholson. representing Kansas and
Judge John @. Thompson. of the de
partment Of justice, were here Satur-
DAY. They took a number of deposit
tons. Those who testified were Chan
cellor Frank Strong. Vice Chancellor
William Fl. Carruth. c. ". Smith, Paul
r. Brooks. c. /. Edwards and VIM
Crutchfeld.
These dispositions viii be submitted
to the court of claims and he passed
upon by that court as to facts A
transcript of the finding of facts will
be submitted to the proper committees
Of congress and there acted upon II
congress sees fit, as it likely Will
new bill will be drawn appropriating
the sum Of 100000 to pay the claim.
Since such a bill has been passed once
there is little likelihood of its failing
this time so it seems very likely that