The Goodland republic., 1907-03-01

SUPREME COURT AGAINST NJ K
& T. RAILWAY.
The Case in Which Governor HOch
Was Criticised Cor Lending
stafess Naue-

Washington Feb. 25--The su-
preme court has decided that the state
Of Kansas has no right to intervene
IN behalf OF the railroad in the Mis-
souri,, Kansas & Texas Indian territory
land grant case. The railroad claims
land along the right Of way worth
several million dollars belonging to
members Of the i've civilized tribes.
The state OF Kansas brought the
suit as trustee for the railroad com
pany last October. Solicitor General
HOyt fled with the court a motion
that the case be dismissed on the
ground that the state Of Kansas had
no right to bring the suit. as It was
not q trustee for the railroad in the
land grant This motion the court to
day granted. Its decision was an
nounced by Chief Justice Fuller. A
written opinion was not handed down
The court merely dismissed the case
This ends the suit in its present form
II the Missouri, Kansas & Texas re-
news its claim. it must be brought
before the court directly by the rail-
road company.
This is the suit in which Governor
Hoch lent the name Of Kansas to help
out the Missouri, Kansas & Texas
road. The action of the governor
aroused a storm of protest, and the
action became an issue In the last
campaign IN Kansas. Years ago the
Katy" road received grants Of land
from the government as an induce
ment for the road to build a line
through southeastern Kansas and IN
dian territory. Recently the road, go
ing back to these grants, laid claim
to thousands OF acres Of land along
the right Of way in Indian territory.
Until Governor Hoch took the &C
ton he did the entire republican de-
legation in congress had opposed the
claim OF the road as unjust, and other
members Of congress had done the
same. For more than two years, in
fact ever since it became certain that
the affairs Of the five civilized tribes
would be wound up, the western rep
resentatives and senators had studied
the situation with regard to the Ori-
ginal grant to the southern branch Of
the Union Pacific railway, which sub
sequentIy passed into possession Of the
Missouri, Kansas & Texas Railroad
company, and every legislative step
taken has been for the purpose Of
protecting the rights Of the govern
ment.
Wnen the nN6 LIlDGS Dllt ISdCnGA
the senate Senator SpOoner called at
tention to the danger and in order
that the will OF congress might not
be mistaken Senator Long caused to
be inserted section 27 Of the bill,
which expressly states that the lands
belonging to the Choctaw, Chickasaw,
Cherokee, Creek or Seminole tribes
upon the dissolution Of the said tribes
shall not become public land nor pro-
perty Of the United States, but shall
be held in trust by the United States
for the use and benefit Of the Indians,
etc"
When aoch's action was taken the
suit was brought in the name Of the
state Of Kansas against the secretary
Of the interior, the commissioner Of
Indian affairs, the Dawes commission,
the principal chief Of the Creek na-
ton and every Indian alIottee. It did
not seek to disturb the status Of the
allotments, but it did ask that the
government Of the United States pay
the state Of Kansas twenty times
SIC, 900 as the number Of dollars the
land is worth Not one dollar Of this
would have gone to the state Of Kan
sas. It was all for the Missouri, Kan
sas & Texas Railroad company.