Telegram-herald., 1888-10-29
A FALSEHOOD NAILED
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& eorresooudSnt of TIE Detroit sf1s
Ffsss L zs nlAds tbs assertion TIA Governor
Laee has sod ~ railroads large aaooEt
Of laad a. g. - sn acre, which vas .oTth
from 8 10 $40 sn acre that Ar. Luce id
this kBOslnkiy 10 the intsrsss Of shs rail
roads. and that positive proof Of The Gov
sFu0Fs corruption Is contained IN sworn
statement hled By Judgs AsrsiOn, As sitof-
nsy for Tue Aichissn Land and Lumber
Con psny, q corporation Which has offered
10 bay TIE hand f0T slOsn acre Tie charges
we're edilorialiy endorsed Dy the Free Pres
in q subsequent issue
A reporter for the TKLESxAA-HEHsLD
called Attorney General rssgaTts sttsntion
10 TIE articles and asked hin as 70 their
truth.
M. rskgart said that this suit sllud ed 70
was Instituted 10 cancel a patent issued 10
one Sparrow, " no hsd transferred the same
10 lhe Land & Lumber Company. The
land in question wss swamp land, bat had
never been patented TO the State by the
United States. Under the decision VI the
United States Coaus. the title vested in the
State without patent aud the object Of issu-
state evidence Of title
Under the general laws OF tae STATE, hi
Attorney General stated, no lands can b
applied TO internal Improvements until INST
patented 10 the State and Offered ~ public
sale. U1der the contracts maie with Spar
row the land was granted for the work done.
by law absolute 10 terms and which IL IS
claimed authorized Sparrow TO locate lands
OF this character which be could not have
ID he Ia
are said 10 be very valuable pine lands,
which tact was unknown 10 the Land De-
partment al the time they were reserved
and patented.
The whole question At issue, said Mr.. Tag
CART is whether these lands. not patented
| 10 ths State. and OF such great value compar-
| Cd TO lands generally taken on swamp land
| scrip Tor internal improvements, could be
properly SO applied. and whether there Was
not suca = lack of consideration as TO
amount to a legal fraud. No charge of
| intentional fraud was made on the deten
| dants, who are good citizens. The Att
nsy General said further. that while the
| United States, without authority of law as
| the State claimed, had patented these Ian ds
| or most of them TO railroad companies, he
thought that such companies had disposed
| of tue larger part to persons who claim 10
have purchased in good faith for valuable
| consideration.
| If the State reserves the land. then. like
| other public lands. it will dispose of the
same as the present law. or future legisla-
| ton may provide.
The Attorney General said that the Gov
| ernor has no authority TO sell the same for
suy price, and that Judge Marston, rs well
| as any other practicing lawyer familiar
with the statutes of of the State, knows this
| iully. That the statement OF such an offer
| was of no signlfcance. and for LAWYERS or
| partisans to allege the failure Of the Gov
| ernor TO accept il, when he had no legal
| power 50 to do. as loss at his hands by the
| State of 81, $40 90, was both foolish and
dishonest. Mr.. Taggart expressed high ap-
| probation OF the character aud ability of
| Judge Marston, but added that the sbiest
/ and best of counsel In their zeal Tor clients.
and particularly when their interests. Is
in this case, extended beyond the simple
| fee for services rendered, frequently EN-
| bodied statements in pleadings which go
lar beyond what they themselves believe to
| be the exact facts. IL contract was made
with any railroad company as to the Spar
| row litigation, and the relieving of such
companies from prosecution, the Attorney
| General said he must have known OF IL even
II he had not been a party 10 it, and be pro-
nouuced such charge, whether found in
pleading or press, as unquslihedly false.
| lie said further that the sworn evidence OF
Governor Luce, taKen in this case before a
| Circuit Court Commi .sioner At Lansing,
clearly, positively and without evasion de-
MES every charge made by the correspond
ent of the Free Press and that he
thinks in fairness To the Governor that
paper will now hasten TO publish it. As to
the proposed legislation at Washington 1t
| was favored by every Mich igan Congress
| man without regard to politics, and If il
| had passed, the quality OF land involved 10
or out OF the Sparrow suit affected By 1t,
| claimed by railroad companies, would have
been comparatively small The State
| officers visiting Washington did not before
the Public Lands Committee or individual
members Of Congress, advocate a measu re
which would include railroad COM
| psnies, but sucn measure as was
most likely 20 pass and secure to
the State the largest indemnity possible
The STATE for more than thirty years has
been seeking an adjustment of these land
matters with but poor success. and If the
act had passed and the controversy been
settled, and the State, by acceptance Of its
provisions, through the Legislature received
upwards Of q million and . half of dollars
TOR the benefit Of its tar payers. he thought
| the result one TO be desired. He said that
the question OF acceptance Of the benefits OF
the act, II it should become a law. was with
| the Legislature. not the Governor, and 90
also what should be done with the Sparrow
lands, If recovered Was With the Lexsla-
| tore. not the Governor.
From the best Information be could OBJ
tain, largely the same elements IN Congress
were opposed to this bill as opposed the re-
payment 70 the loyal States Of moneys sd-
this reason be did not ihink the bill pend
| inr Houia hscorae az