New-York tribune., 1885-07-21
WASHINGTON GOSSIP.
sENATOR CALLS SINGULAR CONDUCT-MR.
GARLAND'S PARTISANSHIP.

SENATOR CALLS SINGULAR CONDUCT-MR.
GARLAND'S PARTISANSHIP.
fypou THE REGULAR ooRRRspoSDENT or THE TRIBUNE ]
WASHINGTON, July 20.-Senator Call has
been going about town for few days denounc-
ang ss false and malicious certain charges
made against him in o recent dispatch 10
THE TRIBUNE The charges were that he
had abused the franknE privilege by axins bis sigma
ture documents not In any sense punho OF o"oiai'
and he had been guilty OF some queer cohuuct W
say the least, in connection with homestead cai"
which he filed IN 1890 To the latter charge the senator
answers that it penalty he is made to pay for defend
ing the rights and homes OF his people
from the rapacious hand OF rich and poweriui
corporation and he branches out int story OF rail-
road company to which grant was once MADE. whch
never was earned and ultimately forfeited OF MS hcfo
efforts to save actual settlers from the nsolent dcaha
of ths company. and more to the same purpose. .u0
whole matter has nothing whatever to do with tne
subject of either OF the charges. lie Simply
eyadcs them. He might as wen n"'o
delivered one his speeches the Constitution rs
rhearse the story the land grant In explanation Oh
his conduct toward the negro Swain. But As long as
Mr. Call complains OF the falsity and maciousness OF
the charges might be ws perhaps to relate as MS
colleague Mcpherson of NewJcrsey would say with all
tho "pondcrosty OF particu arity tho part ne TOOK
IN that notorious Call agt SWAIN on
November IL, 1879, Robert Swain. coiored man, nied
dcaratory statement for certain tract OF iand acss
on October l6, 1879. The pre-emption laws
provide that when statement like that made py SWAIN
i hed the Register Of the Land Oce is to give 10 the
setler certificate which sets fsrth that he Is entte"
TO one year from tho date Of settlement in
which to pay the land II tho land has been
and offered but in the land has not been sur
veyea and offered certificate reads that the settler
has thirty months in which to pay for the land' Inc
Register OF the Land Ooe at Ganesv lie gave to SWAIN
when the latter alcd his statement cercneate dated
November H. 1s79 informing him that he had thirty
months from til date OF his settlement as SGT ror'h
IN the statement tber 49, 1879 in which to pay Tor
the land This certificate its face gave Swain prd
feie title and possession OF the land until March To-
1882 The Supreme Court has decided that failure 10
make payment within the time does not forfeit the
rights Of the settler, unless some other
b,na fae claimant intcrvenes. On Decom-
Der II. $780, Senator wilkinson Call
made his application for this land, occupied and I'm
proved by Swain homestead. contest
was made by Swain. Senator Cairs ciaih'
was that land had been offered Tor SALE the regis
ter had erred In giving Swain thirty months cern-
cate and that Swain entitled to twelve months
certificate only under which the privilege TO pay Tor ho
land woud have expired on October l6. 1880 The
law requires that within six months after the hrst nome
stead entry made, the applicant must more upon INC
land aud make IL his home
There ia no evidence In this that Mr. Call has ever
to the Postmaster General dated on June l3 1882 as
having been for many years resident OF Jacksonville.
When the case Of Call agt. Swain came before the
Commissioner Of the General Land Ohce. the evidence
was 40 plain az TO swaims right under tine certhca'e
and a. to Calls having compiled with the homestead
law that the Commissioner decided In FAVOR OF swain
From this decision Senator Call appealed 10 t5e Sec
rotary of the Interior Teller decided the case
on April lC 1ss3 sustaining theConmssionrrs hnhihgs
tn favor OF The full text Of this decision can be
found in The Reporter Of April. 1888 page lea; In II II
make his final proof and payment Within tweVo mouths
must be held to tod not from his own aches
but authorized Official certificate whch eAcu'oo
On May 1s, 1893. Senator Call filed in person in the
sesreary' the 0ss oc. require in such eases
statement of the grounds upon which fevsw is ap ags
meantime the decision of secretary Teller had been
% 10 a.. 70 on ono. at Of the
case had gone with 1t TO the Commi sioner so that al
An Official OF the Office took himsef to
TELEGRAPH the register and receiver OF the once AT
On july 2s 1854 in The absence OF Secretary Teller
decision rendered reopsnng the case OF Gs n ag
IandcTne Of August is. 1854 page l4s, and this ease
now pending for uA feature. about the
manner in which this review vas obtained. sens9r
and pgoonhoi-d for tioc being. on Jnae 49, 1892
(see re Congressional Record Of that date senator oa
Juaicsi Appropriation b that the two law clerks in
the office OF tha Secretary Of the Interior Instead
NJ rscs,yjne S2250 each, should receive Que
e2 600 and the other $4,000. After considerable de-
bate In which Senator Call delivered aost fcrvid eu-
iogy upon this clerk, whose pay hs wanted raised to
81 500 tho agreed TO- The case OF Csli
c.dsd against Senator Cal. Wien II came up tho
second time for review. 10 was referred TO the CLERK
whose salary had been raised through senator Calls
efforts lie decided In Mr.. Calrs favor
was talking the other day with two lawyers OF prom-
Iencs whose before the Court OF Claims IS con-
sderable Both have becn the Supreme Court bench
etiyaS Stafe 30
CsGgress. They arc Of National reputation Said
one Of then:
I" The Attorney General in ordering the other day
tho reno thu whole corps OF assistant attorneys
appointed by his predecessors has committed grave
"fhev we're all men thoroughly acquainted with the
eases placed In their charge The men know nbso-
iuteiy nothing about these cases. They Will have TO
etudy them in detail Tnis will require time
ns well as labor Take the casc, for Instance,
Of the Court Of Claims. ! nave several cases
is prepared when the time comes TO 80
on with them" ..,. ~,
Yea" c.limed IN the other, always thought Gar
land WAS conservative who would not nlnks re-
movais for political purposes merely bat solcy IN Ihc
Interest OF the public service. lie has proved
hovsyer to DO the most pronounced par
1isau In the whole Cabinet. Ia department. have
dsnissais been made with much disregard Of the
public interests as In the Department OF Justice
PROFESSOR HARRIS ON GOETHES UST'