The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-09
Important DecisiOn by the Secretary of the
Interior In Relation to the Sault ste. Marie

Interior In Relation to the Sault Ste. Marie
This case has been pending before the General Land
Office and the Departn ent Of the Interior fer weeks
interest have pains possess ourselves
the scu and the nature Of the decision there
sss so
b the State Of Michigan seven hundred and 6ty thousand
Of land in aid Of the construction Of ship canal
around the Falls OF st. Marys to be selected In sub d.
visions, sgIeeaby to the United States surveys BY
agent agents be appointed by the Governor of said
Interior from any land within said State subject to pri
vate entry"
appointed an sgsnt accordance with the act Of Con
sress 70 make the selection who mmeaatey set out for
n. Land ONCE At s,It @ Marie but being
messenger to the office, with written request to the
eeiver to the Tor him. telling him to select
call Indicated lands between Marquette and Jackson roa
TAIN for space Of three miles wide; also about the
mouth Of the Chocolate river five thousand
and adding that "by virtue Of enclosed authority from
the Governor and from you withdraw from sale
three thousand acres of land and b and take
=. lands Contiguous TO 70 wG1.og mines with lands
located"
By this request and authority from the agent OF the
STATE the receiver made out lists Of the vacant lands IL
tie register Of the sce with the quest that he would
them from sale entry The register then made
lands there withdrawn from market and deserved
canal lands Subsequent 10 this action the land off,
of the lands thus selected and reserved for the
STATE Who with view to the 70 ,oenton Of the validity
q their own purchases, mpugn the regularity Of the
The grounds assumed by them are
l. That under the act Of the Lssslaturs Of Michigan
been previously recommended BY the canal company and
that the agent appointed By him had been 20 70
That admitting the agent been regularly ap-
pointed ne had no power to delegate his authority TO the
.sSsssr o. the oo. AND that therefore, the acts Of his
g. That the receiver. sfsr having deposited the lists
With the register withdrew them several times without
that such selections could not invAate entries made be-
fore the final filing Of said lst1.
nent bound to execute the act Of Congress making the
grant That tie mode Of selection prescribed therein
&c-thas the agent who made the selections was 90 -.
pointed and could not have been legally appointed In any
other manner; and that the STATE Legislature has no
power to limit enlarge the provisions Of the act Of
Congress- without the authority OF Copgesand there
fore that this objection is invalid.
To the second objection it Ia answered that the agent
not regarded - having delegated his power to the
oetver but that In the exercise OF the consred
ar section Of country and designated s ths unocatsd
lands therein for reservation and authorized the receiver
70 male out from the books Of the Office list Of the
tracts and cause them to bs reserved That In doing
ne was virtually making the selections In person and not
through and BY another.
To the third objection |. is answered that the lists hsv.
Ing once been fled In tho Registers ONCE and the
tatons made upon the plats thererom It the duty
Of the Register required BY law to preserve the
file In his flee and that his tereiction Of duty,
permitting the withdrawal Of the lists could properly
operate TO the prejudice Of parties who not
nble for and could exercbe power 10 compel him
TO discharge his duty.
But Secretary decision gees further. By rssu,
eton Of the Treasury Department adopted in 1885, and
shortly Afterwards approved by Attorney General Tsuey
the present Chief Justice OF the Supreme C urt Of the
United States, which still In force, 1t prescribed
mat whenever tract Of land should b found to have
been properly Improperly withheld from sale entry,
Be legally disposed Of afterwards except after public
ee Of at least thirty days. that the department holds
that even had the mode Of selections pursued BY the
agent Of the State been found to be irregular and void
nnoer the law the parties who entered the lands after
their withdrawal from the marh could not be regarded
s having thereby acquired any valid legal rights to the
same.
In the discussion Of the questions involved In this
the opponents Of the State to spprshsnd much evil
iom the practice Of permitting the land officers TO
act - agents Az general rule, this 10 mad
MISSILE but in matters Of this kind, where
the cre.sry holds that every proper facility should be
Afforded. and that the evils, II Aay, which might Gov
rom sueh practice would be Insignificant In pason
With those which would result from the principle
tended for OF santonpg the setting aside Of entries
selections At the pleasure within caprice Of the land
ooe and per hitting others 70 enter the lands covered
BY them.
The parties 10 question made their entries with foil
knowledge Of the fact that the lands had bsen previous
selected BY the State Of Michigan for canal purpoaes
Ano they must be TO have besn of the
enect OF the marking of the pA the regulation Of the
statute which they bound in law to know. 1t
mere speculation their part with neither law squi
~ to support it. and the Secretary OF the Interior would
~ We conceive, have been bound to reject their claims
even had he TO the conclusion that the prior pre-
tsnnons Of the State were hkswiss irregular.