Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-07-09
THE HOT SPRINGS.
History Of the Claims and Claimants
The Several Acts Of Congress, and
the Decision OF the Court
of Claims.
The Congressional RiBg-GraVe Charges
Land Grabbers who see the Hun
cred Millions Worth in
Sight.
New Orleans PIcayUne.l J

New Orleans PIcayUne.l
Hot SPRINGS, July q viii
not attempt to give you, even in brief
a asuecinct account of the litigation which
has been going on for some thirty years
between the rival claimants for the pcs
session OF these springs and the rocky
hills and valleys which hedge then
closely about, suffice that there art
three claimants, two OF whom base theil
pre.ensiOns upon pre-emptiOn titles re
sulting from the pTe-emptiOn acts o.
congress (the first in 1914, the last il
1S43}, and the third upon what il known
as the New Madrid act OF congress
passed the seventeenth Of February
1915.
THE NEW MADRID ACT PROVIDED
that "persons whose lands have beer
materially Injured by earthquake shal
be authorized 90 locate the like quantity
of land on any of The public lands o.
Arkansas then a Territory, the sale o.
which is authorized by law a. Under
this act what is known as th,SRectol
title, which is considered by the court o.
claims as the best, was perfected by sur
veys, etc, in 1920. The only flaw, ap'
pdEcuLlJt III bUS nSCAOI tllIO 10 a tSCiLA'
cal quibble, wherein the principal sur
veyor of the Territory failed to make re-
turn OF the plOtsurveye1 to the recorder
20 that the latter might make his return
to the commissioner Of the general land
Office, from whom a patent would issue
which patent would have been final and
unalterable. Upon the part of this claim
ant he did all he could; the lapse was
the fault OF the surveyor, and the su
preme court has decided more than once
that "things which the public Officer
ought to have done should be regarded
as having been DONE"
THE ACT OF 1882
Ia 1882 congress passed an act provid.
ing that the Hot Springs "shall be re.
served for the future disposal of the
United States, and shall not be entered,
located, or appropriated for any other
purpose whatever" 1t was not until
1888 that the first public survey of the
Hot Springs was made, and on the thir-
tieth of April the lands hereabouts, ex-
cept those reserved, were offered for sale.
There are many other incidental ques-
tiOns involved in this issue, and many
cross suits, out the synopsis / have
given presents the salient points of the
struggle now pending between the
three claimants as plaintiffs and the
United States government as defendant.
1t is possible-indeed, very probable
that the general government would
never have inteTposed its claim but for
the fact that the three claimants were
continually at war respecting their con-
tlicting claims-R war that waXed the
more vigorous and vicious as the reve-
nues from the springs began to assume
magnificent proportions.
THE ACT OF 1870.
In 1870 congress passed what is known
as the Hot Springs act, referring the
whole controversy to the court of claims,
and pEoVidiDg that the suit of the claim
ants ''shall be conducted and deter
mined according to the rules and pIin-
ciples Of equity practice and jurispru-
dence in the other courts of the United
States" 1t also provides that if the
decision shall be in favor OF claimant,
it shall put the same in possession and
secure him a patent; but if in favor Of
the defendant (the government), 1.-THE
court shall order such lands in the pos
session Of receiver After full hear
ing OF the case the court of claims rem
dered an elaborate and, in some senses
of the term, an exhaustive opinion, inf
which it declared that the two claimants
under the pre-emption title set up had
failed 70 make out anything like case,
and that the title of Rector under the
New Madrid grant was defective, in
that certain forms under the law had
not been observed. The supreme court,
It contended, has declared that before
the New Madrid or Injured lands "shall
revert TO and become absolutely vested
in the United States" the plat of the To-
cation and the notice in writing designat.
ing the tract located must be returned to
the recorder of land titles. The organ Of
the court, Mott, justice, in conclusion,
says that "the precise point presented by
this case has never been presented to the
supreme cOurt,n etc. In conformity
with its ruling, a decree was prepared
providing for submitting the whole mat
ter to the United States supreme court
and the appointment OF a receiver post
poned until the court of last resort shall
have spoken. This decision of the court
of claims WAS rendered in A pril last, the
claimants having been represented by
MeslTs. Stanton and John II. Wilson, of
Washington, Ex-senator RObt. w.
Johnson and Albert Pike, of Arkansas,
and John n. SanboTn, of the law firm of
Messrs. Sanborn & King, also Of Wash
iDgtOn, District of Columbia. Since his
retirement from congress, General Ben
jamin f. Butler has been secured also by
the claimants. The general has been
by Assistant Attorney-Gen-
eral GasfOrth. The case, it is expected,
will be argued upon its merits before the
court at Washington in Octo-
Der next.
THE CONGRESSIONAL RING.
1t has transpired that as soon as the
decision of the court of claims became
known a ring of Radical politicians was
formed, having for its headlights the
two notorious senators from Arkansas,
Clayton and Dorsey. Associated with
these, it is claimed, are some, if not all
Of the so-called Democratic members
from this State, not to speak of a back
ground Of mOneyed lobbyists who are to
supply the sineWs of war necessary for
q successful prosecution OF the purposes
of the ring in congress. The ring pro-
ject is based upon an affirmation by the
supreme court of the decision Of the
court OF claims by which the general
is to be declared the sole
owner of the Hot Springs reservation.
Their purpose is to push through con-
gress at its next session such all act as
will enable them to come into posses
sion OF the wonderfully remuneTative
variousiy estimated to be
worth from one to fifty millions Of dol
lars, for a mere song, relatively speak
ing.
THE LAND-GRABBERs' GATHERING.
Some little time ago your correspond
ent discovered by accident the purposes
1f the ring, and ascertained that at no
very distant day there was to be held,
by previous agreement, a secret con-
clsve at this point, at which the whole
plan Of operations was to be discussed
and thoroughly digested. He was begin
ming to suspect that perhaps the con-
spirators had changed their place Of
ni ytiDg, when he was resssured con-
oerD n the reliability Of his information
" the arrival Of no less a parsonage
-