, 1873-02-24

City Of Lincoln, In Nebraska. In TINT bill, pre-
pared by ita own agont, 1t distinctly admits TINT
| itB grant hRH limits, "eail now limo to be lo-
cated," it staIog, "lythin tho limits Of tllo lan-
grant nlnlo by tho Unitod statoB to MD in its
construction aud tho change In tho limo " aInl
not impatr tho righta to, nor'chaugo the location
Il It's grnnt authorized It to tasoits lands with
out rogard to distance from tho rond It could
not, Of couree hayo otlor li,nitp or looatior,-
theso torna being applicable only to grant
definitely located botwoon prescribed limits.
Tho Company hal talon lands, under 1Iarlam'a
| construction, about 100 milee from tho ltno Of
vision That Tho now limo should ho located within
tho limits Of tho original grant wnB o uBcloaa
prccantion, for. beyond a,lah llmits It wos not
Practicable to locate It,. Who questions, tllon,
to paps tho above bill, It Ind adopted tho yiowa
Of Secretaries Drowning nnd Cox, nnd Oonlmih-
sioner Wilson, III constituting tho G1ant2 III ask
Ing tho rausago Of tha bill, 1t virtually asked
Congrcsa to daclaro That
1Ta GRANT HAD LIMITS.
The Company waa fur from any Intention OF
trying the question In tho courts.. II Browning
had maconstruod It's grant, tllo courts woroopun
tic otrort required to obtain Judicial deolson, H.
which would compel thu Department. to rccognizo
ita rights. II tho Land commissioner and scc-
rotary Cox wrongfully refused to iesuo patonts
for tho ]ands without tho g1-milo limits, theso
aenso Of thoir duties by q nlandamu8 from tho
6upromo Court.
:. but tho Company was 10 wol1 satisfied that
thoro s7as no prospect Of success, that 1t
BunREspEnED AND ADAaDoNED ITS JON,
and was proceeding with tho adjustment OF ita !
grant, alldor Browuings construction, whom m
nnoxpoctod oycnt occurred IN tho reslgnation Of
Secretary Coz and Com,nlasionor Wilson. Thig
at onoo Inspired Tho Company with ronowod
hopoe Of ultimately triulnpling III its rcceatly-
abandoned Hol1on,o. To layo tho construction Of
Browning sot as1do, and
THAN OF HARLAN nE1saTATED
npon tho records, WAS now its aim. Although 1t
Aad admitted the correctness Of tho Browning
construction by itn bill TO cl.nngo tho limo OF ita
road, which became Il Inv Nlay q, 1870 (10 Stat
nases, l1s and 1lo) md BY proceeding will the nd
without any attempt 10 try tho question in tho
courts, nevertheless, BOON after
TIE PRESENT gECnETAnY
nS tn1 ntes no Of s oeo # ropeTed tho
by miseonstrnction of Its grant III tito Depart-
ment. It Uas not long before It succeeded. Do
lano waa man after it's own heart. IIo proved
Vulnerable to tho nrgunionts Of tho Company.
About the 1ut Of November. 1871, 10 sot aside tic
decision Of Downing, nsld rolnstatod thnt of |
Harlan. Since then, tho Company has l,cen |
making SELECTIONS and securing lntonts with all |
possible spoed. At tho present timo, it Inns |
SEVERAL HUNDRED THouaAsD ACRES
outside tho 20-nio limits, --lnucli Of t,o land |
lyiug from 80 to 100 niloH from tho lino of its
Tho next move on tho part Of tito Secretary
was to address lottor to
THE HON. JUDGE uoAn,
Of Boston, formerly Attorney Genoral Of tho |
United States, asking his opinion to tho char
ho pass tho Attorney Gcnoral7 Tho law 1nnleB
tho latter officer the legal adviser or tho pres-
dent and Of The Heads Of tho Departments ; but,
In tiila insta1co, Dclano refers tho case to |
FNf
but wng no longer charged with ito rcsponsibili--
tics. The Judge proceeded to argue, in weak
and dcsultosy way, TINT, as Congress had not
a aeafgnatcd1 lateral limits, none wero intendod
probably, that tho Company received no bonds.
Not single authority. Is given, aud no man cnn
road Judge uoar's l,aner without coming to tho
conclusion that the Yritor had no faith in his own
gestco Why did Mr.. Delano pasu over tho hoad
0f Atty.-9eI. Alderman, who was under lngal
and official obligation to advise him on points Of
aw, and to advise linn correctly, according to his
1obton lawyer who WIS under no official oblIga-
ion whatever? I DO not pretendto havc my
information touching the motives Of Mr. Delano,
'urthor than may bo collected from tho circum.
,oen repeatedly statol that Judge Hoar, at tho
lime tho Secretary requested his adyico, was tho
.etained attorney Of the Burlington iE Missouri
,lyor Railroad Company, and was paid by that
socretary aolioitea. Ono OF tito roasona in ti,nt
fudge Hour ts too good lawyer to 500 my fog
= tho question presented to him,-a question
hat has 10 difficulty Tor eyon third-rato clerk
Drowning'a construction was so palpably correct.
tnother reason is that his argument is, itself
conclusive evidence that it does not rouresont
ho real 5udgmont Of tho writor, but was writ
lhe law plainly requires tho SECRETARY 70 ask t .Ie
dylCo OF the Attorney Goneral-not I'M ox~At- |