3994                   U. 8. PACIFIC  RAILWAY  COMMISSION'.
Government might take to itself, that should be the foundation of a lien on the branches thus built. That has got to be done, not by virtue of any existing statute, but by virtue of a new relation to be entered into between the Government and the company. And, speaking for myself here, on the spur of the moment, I should say that under proper limitations, that would be right; that this property ought to be legally bound together, and that your first duty is to take such steps as to require or authorize an arrangement whereby all the property shall be kept together, and not to allow it to become dismembered, as it might be under existing circumstances.
POSITION OP STOCKHOLDERS IF COMPANY FAILS TO PAY ITS DEBT.
Suppose we did not pay, and a great many are of the opinion that the true solution of this matter is that we are just like' anybody else, and if we cannot pay at the day, and in full, the Government should foreclose its lien and make the stockholders come in and protect themselves, letting the property be put up to the highest bidder. That would have the effect of putting the Government where it would get the benefit of its lien for what it is worth; -it would sell out the railroad, and the stockholders would lose everything unless they bid the road in, and if they did they would be just where they are now through their existing corporate organization.
I know the disadvantages which the present status entails. We are at a disadvantage in dealing with our property, in holding our territory, and competing with our rivals by reason of these doubts as to our power to do anything legally.
CLAIM  OF  THE  COMPANY AGAINST  THE  UNITED STATES  FOR DELAWARE AND POTTAWATOMIE LANDS.
There is one other matter that I have been requested to call your at tention to, so that if you think proper, and if it is within the scope of youi powers, you may make a suggestion in regard to it. I refer to the testimony of Judge Usher before this Commission in regard to the claim of the company against the United States, in favor of the Kansas Pacific Company, for selling lands in the Delaware and Pottawatomie Reservation, as to which lands the United States covenanted as follows, in the second section of the act of 1S62 :
The United States shall extinguish as rapidly as may be the Indian titles to all lands falling under the operation of this act and required by the said right of way and the grants hereinafter made.
The grants referred to are the grants of land.
According to Judge Usher's testimony the Government, instead of keeping this contract with us, and extinguishing this Indian title and fulfilling the grants made to the company, has sold these lands to others, and keeps the consideration or benefit. We ask you to make a report that in any adjustment this claim should be adjusted on fair and equitable principles.   It is a very considerable claim.
Commissioner Littler. Have you a list of the lands misappropriated, as you claim.
Mr. John P. Dillon. Judge Usher states the amount approximately. Of course you cannot deal with the question judicially, but you can deal with the principle involved, if you see fit.