Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-12-04

human career more sad and touching? And
yet too often in the worlds history has
this, or something like it, been the fate of
gifted geniuses.
PORTERFIELD SCRIP.
The Attempt to Wrest the Chicago Lake
Front from the Illinois Central Railroad
An Ingenious Plea for the Claimants by
Gen. Butler.
Special Telegram to the Globe.
WASHINGTON, Dec. 3.-The argument in the
matter of the application of the Porterfeld
scrip claim and to the Chicago lake front
was continued yesterday. Beard, attorney
for the Illinois Central, concluded the
speech begun yesterday. General Ben
jamin F. Butler made an ingenious plea.
The main argument made for Mr.. Beard
was that the land there now is an accretion
that has since been formed, that, there be-
ing no subsequent survey, it is not there
fore surveyed land upon which this scrip
may be located; that being an accretion,
subsequent to any survey, the land be-
longs to the state, from which the Illinois
Central Railroad company claims title,
through the act of the Legislature, Cen
eral Butler made substantially the Same
argument that Reddington did the prev
ious day. Something of the
spirit OF it may be learned from
the concluding portions. General
Butler said: II have given you the
principles upon which the case stands. 1t
is public land and we have located the scrip
upon it, as by law we may do, and our To-
gal right is vested. There are certain
arguments to the prejudice Of our posi-
ton. First, that we are only seeking for
lawsuit. We are seeking for our legal
rights, and we may get lawsuit because
OF the greed and unscrupulousness of our
opponents; but that is not what We seek.
We seek for the right to ascertain a piece
of land under the law, no noresno less,and
we have the right to lawsuit, and barren
as that right is it is our own. Tombstone
| says: sit is a poor thing, but
my own, sir.'.We ask for piece of land
| upon which we have located under the law
of the United States. We ask for the right,
as high as any right you have to your
property. You, Mr.. Secretary. are here to
decide between US and those parties who
have no right. They agree substantially
that they have no right. They come here
to oppose our right. 1t is a question of
strict law"
Gen. Butler closed with a passage, in
which he dwelt with much pathos upon the
origin of the scrip. He searched the patri-
| otto career of Charles Porterfeld
wealthy Virginian, who raised band of
volunteers, gave his services to the
country during the revolution, and was re-
warded afterwards by scrip, which he To-
Gated upon the city of Paducah. He did
not know the land was then occupied. His
heirs subsequently were relieved by con-
gress through the issue of the scrip which
it is now attempted to locate on the lake
front. Gen. Butler, in his eloquent way,
sketched the revolutionary career of Por-
terfield, who, as he said, an infrm old man,
finally got justice from the Twenty fourth
| congress-. Because of his service he was
specially given the right to locate
the scrip upon any unoccupied land.
| Therefore," Gen. Butler said, cit
does not come with exceeding
good grace from the Illinois Central rail-
road, which never the shed blood of anybody
except its passengers, to use hard words.'
Addressing Secretary Teller in conclusion
Gen. Butler said: " Nobody will be impov-
erished here. Nobody will be impoverished
on either side. Deal with the question in
strict right, and if you decide against us,
we can have no appeal elsewhere. If you
decide with us, our opponents have the
means of appealing to the United States
supreme court for decision. A decision
against Us prevents US from appealing to
the highest tribunal. There is no way of
our getting there except througha patent of
the land Office. That patent will, no
doubt beat the Illinois Central railroad. It
would not stop car or disturb anybody.
No harm comes until the United States
supreme court says that your decision in
issuing patent is right, and that the pat
ent should issue because this is unappro-
priated, unoccupied, surveyed land of the
United States" AT the conclusion OF Gen.
Buffers argument, Mr.. Beard presented
tie following telegram, which is the only
entry of appearance made by the city Of
Chicago:
''HENRY BEARD: The city has had no
notice of the hearing of the Porterfeld
scrip matter. Signedl FRANCIS ADAMS,
Corporation Counsel.
Gen. Butler inquired if Mr.. Beard did
not sufficiently represent the city. The
latter. answered privately that he had re-
ceived no pay from the city in this case.
| Mr.. Curtis, OF the firm of Curtis & Bur
| dette, representatives of the Valentine
scrip, said they had not been advised of
the hearing, that they had some interest in
| particular tract and in others, and desired
| to be heard.
| Secretary Teller said: st believe will
not hear any further arguments in this
case. All the parties can file all the briefs
they wish before the decision is made.
| All I desire is to be advised of all the law
and facts.''