The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
|cL0UDED TITLES.
1nney County Farmers Fight
for 10000 Acres.
they Appeal to q. 8. District
Court for Justice.

Hinney county farmers who are the
e1ghtful owners OF 10, 00Ogacres Of land
IA the Arkansas river bottom, are
making a fight for the restoration of
their land titles. which are clouded by
Hens given the federal government
eight years ago when they entered .
national irrigation project that has
failed. For four years the big govern
ment pumping plant has served as q
bats roost. The farmers are tilling
their ground and watering some of 1t
- best they can very much as they
lid before the government interviewed
And the ambitious attempt to furnish
water by means of a government built
1umping station has resulted in moth
ing but disappointment and financial
loss to the farmers who are members
~ the Finney County Water Users as
ISOLATION. ~ M
Nothing but an act Of congress, or.
preferably, joint resolution of that
body, can bring relief to the owners
Of land in the Finney county project,
aid United States District Attorney
Fred Robertson, who returned today
from attending the state district court
1t Garden City into which the troubles
OF the water users had been taken.
An unusual action has been brought
In Judge J. G. Downer's court in
which George H. Reeve, q member OF
the association, brought suit against
Franklin X. Lane. secretary OF inter-
Tor, to compel him to release the lands
mortgaged to the government to pay
TOR the big pumping plant which
1ailed to deliver the water.
In resisting the action on the part
Of the federal government Mr.. Rob-
ertson pointed out the Inconsistency
OF the action in view of the constitu-
ttonal impOssibility OF lodging an ac-
tion against the national government
80 -
action had been brought individually
against the secretary OF the interior.
Judge Downer, who frankly admitted
his anxiety to do something for the
relief of the people OF his county, took
the arguments under advisement and
was entered by Mr.. Robertson.
Finney county people expect direct
congressional relief. The resolution
to that end which once passed the
house at Washington died in the sem
ate, but news was received in Garden
City during the hearing announcing
that Senator William H. Thompson
has revived the matter.
1.-THE Finney county people are un-
questionably entitled to immediate re-
hef," says Mr.. Robertson. LAS 1t is
now they are forced to farm with
such water as they can get from pri-
waite bitches while the $4,000 plant,
lWGuly 1ullcS up StIedLu, Is ClOSSu.
Experience showed that while the
pumps raised abundant water, the
loose soil through which the water
had to be carried to the farms al
lowed most of 1t to escape so that
the original stream was reduced two
thirds by seepage and evaporation.
For four years the plant has been
closed with only a Waterman to guard
1t. But the liens which the people
gave at the rate of $35 an acre, under
Z mortgage which was. to have been
paid off in ten annual insta llments,
are still in force. With clouded titles,
the land can not be transferred"
Fred DumOnt Smith Of Hutchinson,
attorney for the water users, is said
to have originated the ingenious idea
of suing the secretary Of the interior.
The attorney generals Office at Wash
ington has evidently no idea Of con-
senting to the trial Of such an action
and District Attorney Robertson was
sent out to block the first move to get
1t into county court.
The land in question begins about
two miles northwest of Garden City
and covers level area Of bottom
land. At a distance of about twenty
miles above it the government en-
gineers tapped a tremendous under
now from the Arkansas river.