The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-06-30
WASHINGTON NEWS
Mn. E1KINs FI1Rs a PROTEST.


wAsn4oToS, D. O., June 2s.-The fol,
lowing letter has been sent to the Com
missioner Of the General Land oaice since
the publication of the report Of the Com.
missioner to the Secretary otthe Interior:
DgRR PARK, ND, June %, 1885.
DEAR sm:-1n your recent report to the
Secretary Of the Interior on the Maxwell
Grant" in New Mexico, extracts from
which l have seen in the newspapers, the
following appears: "rhe contract for the
survey was given to brother Of the
alleged owner Of the grant and the alleged
owner was the bondsman." Inas-
much as my brother, John 7.
EIkins, was the Deputy United
States Surveyor who made the
survey, and | was on his bond, / as
sumo you refer to me when you use the
words, alleged owner" In this you ore
in error, which beg you'will allow me to
correct. lam not now, and never was. an
owner, directly or indirectly, in the eMax-
well grant, This grant was confirmed
by act OF Congress in 1850. In 1869, alter
obtaining the written opinions OF some Of
the leading attorneys ofthe country, among
them Geo. /. Curtis, Mr.. .Eyarts, Judge Noah
Davis and Mr. Bayard, and that OF Judah
P. Benjamin, Of London, as 10 the validity
OF the title, which opinions are on file In
your office, some foreign capitalists pur-
chased and paid for this grant 81 ,400, coo,
and subsequently organized q company In
New Mexico to own and develop It. Ihad
no knowledge whatever Of the confirms
ton OF the grant by Congress, or the sale
in 1859 until 1t was consummated.
MS ONLY CONNECTION wlrHruE GRANT.
After the organization otthe company
I was made its attorney IN New Mexico,
Barlow, Larocque and Afacfarland being
the attorneys in New York and Mr.. BEN
iamin the attorney in London. The law.
requiring three resident directors in New
Mexico, ] consented to act as director OF
the company without any share in the
management, and in order 10 qualify me
and partly as compensation for being at
torney was given q few shares Of stocks,
less than 100, which proved OF
no value. In 1873 ceased all
active connection as attorney, and
in 1875 resigned both as attorney and
director. In 1878 or 1879 vas employed
by the Receiver OF the company 10 repre-.
sent him before the Interior Department
in an application for patent, Judge Lu.
Glen Birdseye being the attorney for the
bondholdeEs. About this time the 'deci.
sion OF the United States Supreme Court
in the case OF Tameling VI. the United
States Freehold and Emigration Company
reported in Sd Otto, page GA, was an
nounced, which determined the effect Of q
confirmation by Congress- OF the Mexican
grant. Upon this decision l was informed
that patent was granted, Mr.. Carl Schurz
being Secretary Of the Interior. Ihaye
no interest directly or indirectly in the
suit now pending in the courts 10 set aside
the patent and I am Indifferent as TO the
result. thereof.
l find myself obliged to make this state
ment, because upon your report number
Of papers have connected my name with
the grant as being interested in the pend
ing litigation, and, therefore, party to
what your report makes fraud upon the
Government. qs
l would thank you TO FURNISH me any
which leads you to believe I was an owner;
and II not already convinced will show
YOU 1t is not true. May aleo ask you to
have this letter placed among the papers
on ile in your Office in the case oi the
.Maxwell land grant,
Very respectfully, s. B. ELEIss.
To he Hon. Commissioner Of The General
Land Office, RaSiiagtsn, D. c.
To- = VI