The Hays free press. [volume] (Hays, Kan.) 1908-1924, 1916-02-05
NEW WAY TO REVENUE.
Kansas Railroads Find Money HaLiae
Plan.

Kansas Railroads Find Money HakiRs
Plan
Topeka, Jan. 29-Some of the Kan
sas railroads have discovered a new and
important source Of revenue. As a
matter of fact the revenue has been
forced upon the roads by the Interstate
Commerce Commission The roads
built in the early days were given the
rights of way by the government. The
Union Pacific was given a strip four
hundred feet wide by entirely across
the state The Santa Fe and the Mis-
souri,, Kansas & Texas have some rights
of way two hundred feet wide None
of the roads have such wide rights of
way in Kansas.
The ordinary right of way is one
hundred feet wide, making about six
acres to the mile. Most OF the roads
use the greater part of this right of
way, or at least keep it fenced. But
the lines with more than one hundred
feet have been leasing the land to the
abutting property owners. Heretofore
the contract for these leases was that
the farmers keep down the weeds and
farm the land and allow the railroads
to burn guard fires each fall. The roads
did not attempt to obtain any revenue
from these lands.
U. P. Land Claim May GobbIe up Golden
Belt Road.
Saline county land owners by the
score who have been made defendants
in the efforts of the Union Pacific to
secure possession of land entirely across
the county, have found out that prob
ably their only relief lies in congression-
al action. Golden Belt road folks are
also awakening. A bill few years
ago was put through by Senator G. W.
Norris of Nebraska, which saved much
property in the towns. Now must
come the fight for the land along the
right of way In the country.
The title TO which the railroad com
pany lays claim to the land was grant
/ ed by congress on July 1, 1862. Courts
have generally held that since congress
granted the rights, which have served
to cloud the title for half a century
that it is the only governing body that
can now set it right. This was the pur-
pose of the Norris bill and it did the
work, except where the railroad at.
torneys succeeded in multiplying its OBJ
ject, particularly in relation to farm
| lands.
LITIGATION BEGAN EARLY
Litigation on this old controversy be-
gan back in 1873. The attorney for the
first defendant private property ownel
is said to have become insane while the
case was IN court. There have beer
few other cases that have been fought
up to and through the supreme court 81
many times as this. Almost Away!
the railroad company has won.
small property owner or an ordinar!
county has not had sufficient money u
make winning fight.
Even the title to the Golden Bel
highway and other great lines acros
the country are involved. The time i
coming when these roads may be mad
permanent by the construction of rocl
or concrete roads. With a cloud upol
their title this is hardly likely. Fol
much of the distance along the way th'
Golden Belt and the Lincoln highway
follow the railroad. The roads art
therefore on the disputed territory anC
some day the public may awake to the
fact that the Union Pacific have gobbleC
up the highway as its own.
PEOPLE ARE AROUSED.
Automobile associations, county com
missioners and others along the line
are being aroused. The county gener
ally holds titles to public roads and i;
made a party in the case. In some
places in Nebraska the commissioner.
have signed leases for the highways
admitting the claim Of the railroad
Thousands Of private property owners
have done likewise.
In Saline county many private pro
perty owners have been sued by the
railroad company not only for posses
sion OF valuable farm land but for heavy
damage for past possession as well
Some Of them have been investigating
and have found that the Norris bill and
the fact that similar bill is now up
They are going to work for its passage
Interest is likewise being aroused IL
other states as the Kansas condition
also exists In Nebraska, Colorado
Wyoming and Utah.-Salina Journal.