, 1881-12-18

TIE GRABBEns AGAIN HIRING u1GuPRIcE



LAWYERS
EpteiaI Disudteh to The Chicago IHf5unE.
WASHINGTON, D. C., Dec 1.-THE Va1en-
tine scrip claimants are attempting to reopen
the case, whicE was decided adversely to
them BY Secretary Scnurz. An argument
for a rehearins Of the case was made today
before Secretary hrkwood by Leonard
SWEET, representing the unnamed owners Of
the Valentine scrip. Messrs. SWEET and Nc
Daid are botll in the city in the interests Of
these crlp-owners. The following is an out
line Of the new argument Which was nlade
I today By Mr.. SWEET: Fort Dearborn Keser-
vaton was laid in 1906. It did not embrace
tha land claimed by the owners Of
the Valentine scrip, which is Dearburn
Park, and the land between it and the lake.
In 1879 Congress authorized the sale of sites
which had become useless for military pur-
poses-. Judge Mclean, constituting the law,
stated that it was not intended to be gem
eral regulation, but authorized the sale Of
M11IrA1:Y RESERVATIONS
Which at that time had become useless. The
Illinois Supreme Court rendered 4 similar
opinion. III March, 1857, Congress itself
construed the act, aud extended it to all mili-
REPRESENTATIONS which then were or might be-
come Useless for military purposes. Congress
o'd not authorize the sale This construction
was given to the law by Secretaries Of War
iolnsstt and Jefferson Davis. Attorneys
GENERAL Bates and Butler, and by Il commits
aon which investigated Fort Sterling. No
conra1y construction has ever been given to
NE act: In 1S24 this reservation was changed
Ind limited to -
X. .*~... FRACTIONAL SEC. 10.
which embraced the fort as it was built and
@a land south and east Of it towards the
axe Within this fractional Sec. 10 lies the
ano ln controversy. In 1889 the Secretary
VI War: ordered the sale of the site
- =. 1t, then existed, on the ground
~a1 had become useless. He based his
seum on the law OF 1919 If, therefore. Mr..
c"ett argued, under the acr of 1910 the Coy
eminent :. could only sell such reservations as
mad ut that date which had become use
tess II could not sell reservation which was
: uaae four years after that act was passed,
-n twenty years after the original act was
passed. Accordingly,
= THE v-ALENTISE-SCE1p PEOPLE
sanm fhaf, in 1881, there was TO power. to
~ 4and that had been added to a military
t.sset'ation. In 1924, they also claiiu, that, If
...as .s'e was no power to sell, there w;is Ger
.aniy no power to dedicate. All dedications
y lands which have been dedicated in Con-
8 11ess have been by special authority. 1t
:. sttse lands were neither sold nor dedicated,
:. was public land, belonging to the Govern
4ent, and still belongs to it, and, as Valen~
~ tl.e scrip authorizes its holder to take any
M unoccupled ami unappropriated, which
DEANS ~.
Il /: 1eGA - ALLS. uSocCrrIED ASn LEGALLY US-
49,. - AlT1:urHiArED,'
. - - me scrip may properly attach to the
!: ;sa III: Ar. NcDaid made no argument
Beard, representing the Illinois Cen
~ ~ hal'road Company, and also representing
~: uIy' commenced but did not complete
,as 80 1sument 1t is understood that he has
aaae ..' no new argument, but will present the
e~'ae 1acts which he did at the hearing be-