Pine Bluff daily graphic., 1907-10-03
TAKE LAND SUIT ID SUPREME COURT Little Rock Men Go to
 Washington and Apply for
 Writ of Certiorari, So
 Case Can Be Heard.
MANY ACRES
Hope to Take Still Higher the Much Fought Case to Get Control of Lands Claimed by Frisco-Story of the Suit.

l Washington, Oct. 3.-1t is under stood that efforts will be made to ob- tain from the Supreme Court a writ of certiorari, which will bring before that tribunal the question as to the title to approximately 100000 acres of Arkansas lands valued at from $12, OO0,00O to $24,000,OOO. John G Jones and George Rose of Little Rock have been here during the past few days obtaining dispositions in cases pending in the federal court at Little Rock in- volving some of these lands.
 It appears that in 1869 the Arkan- sas legislature enacted a statute per- hitting owners of lands which were forfeited for nonpayment of taxes, to deed them to any railroad company, if the deeds were made by the original owners. A large quantity of lands stood thus forfeited and in 1873 a company was formed in Arkansas to |build a railroad and proposals were made to owners of about 100000 acres to deed the lands to this cOmpa- ny, taking in lieu thereof stocks and bonds of the proposed railroad; the deeds that if the road was not con- pleted within three years, the instru- ments were to become null and void.
 Most of the owners of the 100000 acres complied. Litigants now claim that this road was never built and that nothing substantial was done to- wards its construction.
 In 1881 another company, operating under different charter, so the liti gants assert, began construction of a road from Kansas City to Memphis, through the same territory involved in the deals in land referred to. It was completed in 1883.
 l The contention is that the compa- ny originally formed in 1873 never asserted title to the lands in question, nor ever set up any claim of any na-\ ture for many years, whereas the original owners proceeded to exercise all acts of ownership and many, if not all of the lands, were sold to persons who have placed thereon valuable inn jprovements.
 Ten years ago, when the lands rose in value, the original company and parties to whom they made deeds be- gan to claim the lands and brought suit in the federal court in Little Rock, winch was decided adversely to the claimants. The Circuit Court of Appeals, however, reversed the com pany's title. Subsequent to that decision, a number of persons have brought suit in an endeavor to recover the lands. The gist of the contention by the claimants of title to the lands from the original company is that that con- pany was the agency under which the other concern operated which in 1881 to 1883 built the Kansas City Memphis road, and that the contract was that the original company was to hold the lands and the second company was to build the road.
 It is argued by the disputants of this claim that such contention is absurd, in that it is virtually for the claimants to confess that they were about to carry out deal which would have defrauded the stock and bond holders who obtained such se- curities, in return for their lands deeded to the original company.
 'If such had been the plan and it had carried out" said MT. Jones to- day, ''it would have resulted in the land owners having deeded their lands in the expectation of receiving the benefit which would accrue to holders of securities in the railroad company, but they would have found that they held stock in a company which had no road to operate and which therefore could not give them anything of value