New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-04
MR.. LAMAR IND THE JUDICIAL QUALITY

ringing In O drink
MR.. LAMAR and THE JUDICIAL QUALITY
ONE VIEW OF A LAvD-GnANr PULLING VS.. JUDGE
sAwYERs DECISION.
| To the Editor Of the Tribune.
SIR: The desire to llaco Mr.. Lamar on tho Supreme
Bench must undoubtedly from purpose to re-
ward him for eminent party service in having dDne
so much toward ENGRAVING upon the Government tho
Southern idea" Certain 1t Ia that 1t cannot be that
his jurdlcal powers legal knowledge warrants his
being so hi.hiy elevated.
Since Mr.. Lamar has been Secretary he has had
abundant opportunity to bctray knowledge Of tho law
ant give specimen of the judicial quality claimed for
him. Ho had the chance of q lifetime not long ago.
On May %. 1887. he served rule nearly all OF the
railroad companies having land grants b show cause
why their Withdrawals of indemnity grants should mol DC
revoked tho lands restored to the public domain Tho
several companies responded to tho order to show
cause, and on August IS, 1887, Mr.. Lamar set aside
their showings his motion, revoked the with
drawals, and turned the lands by departmental
order back to tho public Jt'ran. Now let us grant
that those Withdrawals should have been revoked, that
the roads had failed to do what the acts Vt Congress
| required Of them 30 do Sill. was Il within his
province to revoke theml The very best answer to
| this inquiry, II no had had the judicial mimi and
learning he Is said to have, he would have known
was held In Southern Pacific Railroad Company VS.
OTton decided seven years deo december 10, 1870
BY Judge Sawyer III tho United satos Circuit Curt
for the District of California In that case the secre
tary of tho Interior also revoked tho order Withdrawing
lands from market covered By grant to railroad
Tho all fours with the lands covered by Mr.
Lamars decisions of August 10, and the Court fol-
loving Justice Miller knoyals vs. Hyde, held that
tho Secretary's was without legal effect; that
his orders utilities, he had no authority
to repeal modify act Of Congress; mat upon the
hng Of the pots by the compass tho lands designated
thereon were withdrawn from re-empton or other
disposition by force of the act Of Congress and without
any other order notice Of Tho Secretary that the
general grants (rot future and immediately upon
ing Of tho plot the general grant peGame me-
conditional the lands could only be restored TO the
public domain by Congress-who made the grant that
withdraw or revoke grants his orders could affect
the status of the grants, and that none but the grant
ing power could revoke or vary them
A branch Of the same question was again before the
same judge for the Northern District of California In
s nS others q" and sS' against pa%
decided August % 1897 and IN when .so css
found reported In Sawyer 1877 and VIII ale" ,e Ioh"
I'm :" The Fedral Reporter' for November 30 lss1; 10
geter with the Poole case From 'hls, IS OUT Iar 70
say. that for Judge, Mr. Lamar, when he mes 10
very cses seems md 10 afK ,nS
they are in the Departmental library, has not the INDUS
try even examine his indexes for possible decisions
bearing On tho questions In hand Liza
Washington, ID. C., Dec. ~. 1881
SABBATH DISSERTATION AT COOPER UNION.
SIR: attended the meeting OF the Manhattan Iem-
perance Association at Cooper Union, Sunday after
noon, January 1. Tho Rev. Joseph Cook was an
nounccd to speak on Sunday or the Saloon, Which
Must Cor The lecturer announced that he advocaed
political prohibition, but did not want to DO understood
as dlsrcgardng tho sanctlty Of the Sabbath 1t was
emnently proper that Gods day should be occupied
In the furtherance Of a reform which was Coos aDodo.
II political prohibition may BIO advocated on sunday
why not political protectionf The tarh Is SAID 10
Il EfnO
| a moral question plank in q political platform
renders 1t proper to hold political rally upon Sunday
we arc dangerously the introduction OF the con-
tlnenta Sunday, which Is made day for stumpspcah
| ing and political maneuvering In America all
| political parties have hitherto respected tho con-
| vctions of Christian people enough to abstain from
| public political work on Sunday. 1t has remained
| for the party which faunts its motto, God and
! Home and Native Land,' to begin the political des
ecration of the sabbath 1t is sad comment upon
the consistency of Christian principle, that the one
political party which advcrtises that amaiory OF Its
voters are church members and most OF Its leaders
| are minister's should inaugurate this evil IL Its
example IS Initiated by the wicked and corrupt parties
which 1t seeks to overthrow, the Sabbath VIII be
| secularizcd into political field day.
Tho lecturer announced L" a basal principle Of
Sunday legislation that it should BIO four-squaro. No
business should DO selected for assault The saloon
is a business run to make money SO is the sunday
Why should one be ana es
me- at the door as I entered, read, g Temperance
| literature may DO obtained in the lobby went
| into the lobby. | found newsstand covered with
books and periodicals The various prices prices were "a. An
| TWO ladies were Just making purchase. asked
tho salesman who runs the standr lie said, IT,, 49,
per- tho treasurer of tho association IT Is not
',ngIng shame that an organization announcing n
itself (pcr prOgramme) as engaged In the work OF
compelling our derolic officials t9 enforce the SUNDAY
| laws and introducing eminent speaker TO de-
nounce tho saloon for It's encrOac hments upon the
Sabbath should Itself desecrae the day with offensive
implicitly BY petty peddllng Of books and papers as
| a source OF incomei II the old adage Is true thai
| plaintiff should enter court with clean hands sal,
| sabbath dissertation. Litte wonder that Christian
conviction is held SO cheap by Its critics; when We
| ourselves, fix the price. Yours respectfully,
JAY BENSON HAMILTON,
| Pastor Cornell Memorial NJ. Church.
| Neir- York, Jan. 2, 1889