New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-12-18
AGAINST THE STATE OF MICHIGAN.
SECRETARY Villas RENDERS A DECISION IN TIL

SECRETARY Villas RENDERS A DECISION IN TIL
SWAMP LANDS CASE.
Washington. Dec 1.-THE Secretary Of the Interior
to-day rendered decision in the case OF the state OF
Michigan against the United States, which wolves
the claim of tn. former about 800 acres of land
I'm The Reed city and Marquette land districts OF
that State under the Swamp Land grant of 1850.
Under dates of March 30. 1882, and February j.,
1853, the lands in question were reported 10 the
General Land Office by the surveyof-General OF Mich
tcan as swamp and overlooked land' as determined
Nv survey On June &c, 1851, tho state
agreed that designation OF the swamp lands under
The grant of $50 should DO made from the field notes
of the surveys, file in the surveyor-Generafs Oh
fces Later IL appeared THAI many OF these sur
veys were grossly erroneous and le-SurVeys were
made under acts Of Congress. Under the Ie-suVeys
which followed large tracts Of land originally re-
poited as swamp we're not classed, and in s'ibse
quent list these lands not included. The State
now claims the first certhcaon TO have been couciu-
sve of its right so that It is entitled the lands,
notwithstanding the amended and substituted list
The decision directly involves about thirteen hun
dIed acres but the questions involved are said TO
apply TO other cases, in which the State claims about
one million seven hundred thousand acres including
large part of the lands granted TO the state tor Tho
Grand Rapids and Indiana, Flint and Pere Marquette,
and Jackson, Lansing and Saginaw Railroads
The Secretary says that the testimony of the rec
ords shows that the Government has steadily main
tanned the position that the corrected resurveys should
form the OF the grant that tho State submitted
To- the action of the Land Office and asserted no dis
pute of its practice and claim to the lands under
the first Qualifications, prior 10 about 1850, when, IN
consequence of the claim having been raised in
former report OF the state Land Commissioner,
movement began looking to its prosecution. Most
of these lands have passed out OF the hands OF the
Government, some OF them under the General Land
laws, and part have been granted the State to aid
In the construction railroads No evidence is fur
oahar that tha landC rlafn
al the date of tho grant were in fact, swamp
flowed. so far any obligation TO follow the orgl
nal surveys is asserted to spring from the alleged
agreement between the Land ONCE and the state to
ADOPT the field notes basis, the Secretary says
there are three sufficient First no power
ca isted in the Commissioner the Secretary himself
60 TO bind the Government The act Of Congress made
the grant and defined the subject granted. Second,
M agreement of the kind be asserted upon the
basis OF the facts. The instructions TO The surveyor
and the assent OF the State did not give them the
Character of infexibe law or binding obligation.
finally the obligation turns upon the application 10
h. given TO the terms, the notes Of the surveys But
il this phrase means the notes of the corrected sur
vevs tie force OF the claim is turned against the
state. NJ. ~, a.. ,..-.-,..,...- -.
tho General Land Office, rejecting the claims Of the
81 ate and in of the present owners aud occupants
of the land
PTDDT,EBERGER W1THDRAWS HIS MOTION.
Washington Dec. 1.-THE resolution offered by
Mr. Riddebercer last Thursday, for the re-organizs
ton Of thu officers OF the Senate was taken up in tho
senate Today. and Mr. Rddlebercer proceeded to make
a statement explaining his object in offering II. His
remarks we're inandible or unintellgibe at the re-
oorteis' table. They 10 the effect, however
fhai tb. resolution aimed at the presidug officer
e. so-caedrl that he, Rddloberger, had never been
ot o, odcr 10 the same degree that the Senator from
Kan - ad been out Of order on the occasion when
ne .fi ~ chair and the floor TO make an attack
upon the senator from Indiana, Mr. voorhees,,
when the senator from Kansas made ali attack upon
the octogenarian Senator from Georgia, Mr.. Brown,
com pairing him to Urah Heep He called the Re
publican party order for not taking up the British
Extrsditioa treaty The presiding Officer, instead Of