Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-07-26

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that no bseIEward etep WIN - taken. but
\ gPitlIgf Vtll lpyNard ops ~ taken IN tn
tAat has yeeR gixsd thss4 a the past
Whine on iris subject ! deAIS U ccHsrat.
epent . quarter Of . century antagOniS-
ing this law. upon its alleand ccaversion
70 sound GOVERNMENTAL t.9elples. Msi
that law should " enfe1Nkd though thd
s1s El s' q st. .ss SSs Y. ~ e
/ fofeeilent, WHO are Sihlgin9 AZ the Nod
tio6 n law IN tleir seve1ai c6nmunitidp.
aIonss. suspieioh - y their partya
An attempt has been made 20 make an
issue out OF the fact that the state has
permitted the use Of its name through
Its governor and attorney general (and
assume the fun responglbiiity for this
acn to re Missouri Kansas n. 4 Texas 8
certain land grant In the Indian Terri
tory. have heretofore given q lengthy
explanation Of this matter and will only
summarize It here. The State Of Kansas
was made 2 trustee by Congress for the
this road, and the legislature officially
accepted, the trust, The land grant was
based upon certain conditions, viz: the
extinction OF it, tribal possession and It's
merging. into government domain MY
opponent has deYoted q great deal OF
time to the discdssi6n Of the question
whether these conditions have ever ma
teriallzed. insisting that they have not
and that therefore the n X. a. T. Ry.
CO; ,, has no case worthy o. consideration;
Or may not be correct. ] have taken no
position as to the merits Of the c0ptro-
versy and the attempt OF my oppcntht to
place me In the position Of having taken
slGss IN the ccTsrovsrsy sSi.e4s : syn w,
more reluctant TO believe. an astoniSh.:
Ing degree Of unfairness. The merits Of
the "Katy's" case are no& legitimately in
controversy 80 far as Kansas ana its
trusteeship are concerned. Having Qff--
cially, assumed the office Of trustee. but
one honorable course remained for the
Rtate to pursue and that was to perform
the duties Of the trust thus officially as
sun1ed. The question as to the merits
Of the case e question for the courts
and not for the Governor or any candi-
date for Governor to decide.
But there are other plain propositions
in this matter which seem to admit Of
no argument. viz: railroad company
like every. one else even like a tramp or
To deny this II to disown government
My opponent admits 1t. but says the day
in court should have been obtained In the
lower courts This Is fatal admission.
Had the company been compelled to
bring suit against individual ailott Hottie ian, ana
viduals would have been. compelled to
hire expensive lawyers and contest the
case through the lower courts and on UP
through the Supreme Court, where i now
e. at individual expense. Was it not
burden and throw the burden Of
defense upon the government itself,
where II properly belongs? This insureS
the employment Of the most eminent
counsel at governmental instead Of indi-
yidual expense, Again, no one in Kansas
Is interested A this SUIT. eS cept those
who wish to make political capital out OF
It, and no one In the Indian Territory
ran he harmed because the Government
must stand between them and danger
Ind surely the Government can not OBJ
Iect to its congressional enactments be-
Ing reviewed by its own Supreme Court.
Nor can any patriotic American citizen
object to this procedure. II
Colonel Harris and his party associates
can trust the Supreme Court Of the Unit
case and do exact Justice to all parties
and protect all legitimate interests, they
should frankly say So So far as ! am
l have implicit confidence In
The ability. and integrity Of the highest
judicial tribunal in this country. and am
Iuestlon to this tribunal for final solu-
lion. The decision Of this case Is the
best possible thing that can happen to
The Indian Territory because It Will for
move the cloud which must forever hang
over II as long as the railroad company
Insists that 1t has a, claim Only specu-
ators and political schemers among
those who know the facts In the case can
object, to this suit A discussion o. It
There In not a phase OF 1t that Is open
MY opponent, Colonel Harris. denies my
assertion that this land grant had LIS In
'eption in patriotic purpose ana grew
Turing the Civil War. ! have not con-
ended, as Colonel Harris intimates or
Lllegea, that this was an act OF patriot
SIN on the part Of the railroad company,
nut affirmed and re-affirTn that 1t FAD
necessities on the part of the Govern
nent. 1t is unfortunate for Colonel Har-
II that he has taken the position he has
n this matter. The facts are that on
March Z, 1858, while the. country was
ent with civil war, while neighboriIg
Iided by Missouri and the warlike tribes
/ Indians In the Indian Territory were
Iying to destroy this Union. and while
daxmillian was setting up an empire up
n our southern border In Mexico, this
Government, under the stress OF neces:
fly for the transportation Of troops and
munitions of war, for the protection Of
te interests In general ana for the pro-
cotton Of loyal Kansas In particular.
'asSed an Act for the grant Of lands,
he construction Of a road, one branch o.
yhich was to start from Emporia and rur
own the Neosho valley 10 a point wher
{ railroad also aided BY said act, ey
ended from the City Of Leavenworth
be southern line Of ne ne state rd IN tne n
ranch Of railroad covered part Of
QUITE covered by the later land grant no
,nown as that Of the NJ X. & y. Ry, Co.
involved in this controversy. u was spe-
ifcally provided n ms ST'gi ma g Iatsr
sant Of 1855, now in controversy that
G1ds were granted shall keep IFS road
u repair ana, uao and shall - al ttmee
transport troops. munitions Of var, SUD
H 81: d sSS RSSs i fes tSS@ IL Ssst q
charge thefefor 70 the ooveFnpspt. WAel
required. 70 % 20 ~ any ospArtmsn'
And n IL . saca tAn& tlls a. Z. q T.
Ry. Co. stih Transports troops and NUM-
tons Of war oyer lts lines u kA2s 3. ~ ~
this land grant And the same rule win
apply IN the Indian TerTttory eny
BINDS are ever acquired there e. appueo
IN Kansas when the lands here were 40
quirod-
Whether other vital conditions OF the
Grant have been met or not n NOT tot
any Governor or candidate for 0ovorno
10 decide, but as ! have insisted an
dong II & wholly and solely 3 question
'nF the courts 10 decide, But certainly
y view Of the facts o. war history u u
b for those who assisted In making
Soae land grants necessary 70 question
lslr patrtotic initiative, and 70 cfiuciee
y oi1ciai fulhilmant Of q truateeship
ulunta[ily assumed BY z patriotic Kan n,