Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1882-05-24

months wrote again about the case, and
he informed me that he would be in
Lansing during the extra session and
would then try and close the matter up.
So during the extra session, by ap-
pointment, / met the Attorney General,
Commissioner and Deputy Commission
er of the Land Office, and after few
general remarks in reference to the
matter, they asked me to make them
an offer and did So | offered to pay
them 81 100, and they to turn the notes
over to me. This they accepted. l
paid them the money and took the notes,
and sent them to the Alpena Banking
Co. to have them presented to Maltz
for payment. He offered to pay the
face Of the notes. This refused to
accept, for the reason that / did not
consider Mr.. Minor had any claim to
receive any benefit from the settlement
after he had refused to take any chances
on an appeal, and from what he told
me when l requested him to go in with
me and appeal the case and here let
the matter rest, awaiting the return of
Mr.. Minor; when, 10, and behold, to my
great surprise, about two or three weeks
ago learned from reports that were
being circulated, that | had committed
some great crime in this settlement,
and / Immediately wrote the Attorney
General, asking what was the matter.
He then came here, and talked the
matter over with him, and he asked me
if / had any objection to placing the
whole case back where it was at the
date Of settlement. / told him / was
satisfied that ! had given the State
more than any just court or jury would
ever allow, and as he and the State au-
thorities had acted square and gentle
manly with me, that if they desired it,
and the same could be done without
casting the least suspicion upon either
side Of doing anything wrong in the
matter, I would consent to it, and he
went away with that understanding
but he had scarcely got away before
lot of false and libelous articles were
written by those who are engaged in
trying to blacken my character, and
as soon us | saw these articles, imme-
diately wrote the Acknowledgement that
it would now be impossible for me to
do what we had talked, and that if any
thing was to be done, it must be before
some tribunal that should have full
power to investigate my entire conduct
in reference to the settlement, as well
as the merits Of the original case this
l stand ready to do, and challenge the
most thorough and searching investiga-
ton possible.
When ] gave the State $1,100, |
knew it was more than it ought to re-
ceive, and more than / thought the
Supreme Court would allow, and more
than any honest man will give the State
if left to him for decision on the
merits, but / wanted the case ended.
1t must be selfevident that the State
has no right to pay for the timber cut
on the reserved lands, although the
legal title was in the State, still, in
equity, the title was in McElroy, and
if the State collected this money, it
would hold it in trust for McElroy.
Then the most that the State should
rooo;un BOY Coz, is about 9hn,e05 foot
at 50 per M, amounting to S501.12 and
interest for 81 years, and in my judg-
ment this is all it will get if the mat
ter is reopened; and it would seem
very proper that these individuals here
who are so oficious, should give bonds,
that in case the settlement is reopened,
that the State should be made good for
what it may receive less than 81 100.
These notes, since they became due,
draw interest, and if they were in the
hands of the State, Mr.. Minor would
have to pay the interest precisely the
same as he would the principal; there
is no difference, and all the shysters in
this State may write articles and give
advice that the notes do not draw in
terest, but still the fact remains just
the same that they do. Then, in my
hands, why should he not pay interest
on the notes, under the facts stated ?
But this matter Of interest is ques-
ton Of law and can be very easily dis
posed of. want nothing out of Mr..
Minor but what is right and just, and
/ have no doubt but he and I will have
no trouble when we come to settle this
question.
After Mr.. Minor had been away for
some time, l inquired of Mr.. Maltz if
any arrangement had been made about
the notes; he said not, SO requested
him to mention it next time he wrote
to Mr.. Minor. Then some time after,
he told me that it would be all right in
reference to the notes. Hence l had
them presented to him for payment.
In this whole matter have tried to
act rs square as any mortal could, and
have done so. No wrong has been
committed by any person in this settle
ment, and make this offer to those
who have stirred this affair ups, you
give bonds to the State, that in case the
settlement is reopened, and they lose
by it, to make up the loss; l to give
bonds to pay any amount it may be de-
termined the State is entitled to, and l
will consent to place the entire matter
before any fair tribunal for decision.
Yours, ETC.,
]. D. TuRNBULL.