Omaha daily bee., 1889-04-28

euS VI Tue SCLIlcrS Ue1OTt
Attorney-General Miller yesterday and
at the same time the attorney
general OF the state Of Iowa made his argu-
ment for the state as against the navigation
company. Both gentlemen appeared at the
request OF Governor Larrabee although the
attorney-general represents the state in the
proceedings and Mr.. Holmes represents the
settlers. In spite Of the fact that
President Cleveland twice vetoed the
bill looking 10 the adjudication of the
claims of the settlers, and that the
United States supreme court has
rendered twelve or fifteen decisions.
Mr.. Holmes says the real and main
question has not vet been decided in any
court in the United States: that is,
whether the Des Moines Navigation and
Railroad company earned its lands BY the
act of 1S46 they could only earn them upon
complying with certain conditions named in
the act. These conditions were never COM
piled with, nor has that company ever pre-
tended, either before the court or congress,
to justify itself upon the equities. or upon
the performance of the stipulations contained
in the original grant The eviction of the
settlers by the Unteo States marshal has
been suspended by an order of the United
States circuit judge for that district. await
ing decision of the executive departments
OF the government as to what course the gov
ernmcnt will take.
THE brutality of the evlctions has o par
allel, unless it be in Ireland" said Major
Holmes, this afternoon. zone or two have
died in consequence Of exposure in being
turned out, and the situation generally IS not
pleasant to contemplate when it is consid-
cred that these men are located on their
homesteads under what they believed to be
the laws of the United States, and have in
vested the earnings of a lifetime on the lands
and lived on them for quarter of century,
raising children and grandchildren upon
them. Now that corporation claims these
lands, under an act Of congress containing
provisions that have never been complied
with, the extreme rigor of the circumstances
can be understood, and there can be no
question that there should be some adiudica-
ton Of these questions at issue by some
court of competent jurisdiction. This is all
we ask. If the laws of the United States are
such that these men can be deprived of their
homes and their improvements without COM
pensation then, perhaps, the people will bow
to the law, but until that matter has been ju-
dcally determined, they will never cease to
struggle for what they deem to be their
rights"
The attorneys for the navigation company
were to have replied to the arguments of
Messrs. Holmes and Stone, yesterday, but
were prevented from reaching the city by au
accident on the Baltimore s. Ohio road.
MISCELLANEOUS
The secretary OF the interior has denied
the motion for review in the case of Benia-
min Bird, who had appealed from the de-
partment's decision of September 90 1888,
affirming the decision of the commissioner of
the general land Office holding for cancela-
tion the pre-emption cash entry by appellant,
being lot 2, section 8, lots /, 9 and 3, section
II, and lot /, section 10, township 1 north,
range 81 west, McCook land district Ne
braska Appellant claimed in his specifica-
tion that no fraud had been proven, the COM
missioner's ruling for the cancellation of his
entry having been on the ground that ne had
not complied with the pre-emptlon law and
had not acted in good faith The secretary
in refusing the motion for review says the
revocation prayed for should only be granted
where it is clearly proven that error has
been committed in the original decision,
which was not the case in the present in
stance.
After May l. changes in the time schedule
OF the star mail route from North Platte to
Curtis will take effect as follows: Leave
North Platte Tuesdays, Thursdays and Sat
urdays at 6:15 a. m, arriving at Curtis by
6p. m. Leave Curtis Mondays, Wednesdays
and Fridays at 6:15 a. m., arriving at North
Platte by 6 p. m.
j. G. Gilmore of Omaha. and b. r. Sher-
wood, of Waterloo, Ia, are at Willards.
Mrs. Russell Harrison, accompanied by her
baby and mother, Mrs. Saunders, left Vir-
ginia Beach during the week for Baltimore,
en- route to New York. Senator Saunders
met the party in Baltimore, whence he re-
turned to the Arlington the following day,
and on Monday will Join his wife and
daughter in New York.
ARMY ORDERS.
Private Miles Maleney, Company F.,
Sixth infantry, now with his company, is dis
charged from the service of the United
States
Private Edward Brooks, troop A, Ninth
cavalry, now with his troop, is discharged
without character from the service of the
United States.
A Smashup on the Colorado Midland.