, 1890-09-18
Not Disposed of as Was
Believed.
A PREMATURE ORDER.
The Secretary of the Interior
Interposes.
The UNITED STATES COURTS
Great Difficulty Experienced in
Getting Money to Run Those
in Washington.


Especial Service Of the REVIEW Wash!us'
ton Presu Bureau.i
WAsHrNoros, September II. - John
T. Naff's claim against the eov-
ernment for 500. which he paid twice
for lands In Washington state, came to
light again to-day. The case is getting
10 be one of the historic ones in the de-
partment of the in Interior. Ever since a
dishonest official neglected to credit
Naff with his first payment, the case hns
been dragging along. The burning of
the land office in the Spokane Falls fire
complicated it. Senator Allon and Rep
resentative Wilson have been at no end
of trouble TO get evidence that Nail was
was entitled to be paid back. Rulings
have been made which. II was thought.
settled the case forever, but IL has broken
out again. This time it is the subject OF
letter from the secretary OF the interior
to the land office, In which he turns
down these. He says the ruling that
Nnff may have his money is altogether
too premature. In making that ruling.
they override his own decisions, and
take upon themselves the power Of
settling a question which only the head
Of the department can settle ON appeal,
and the action in the Nsf case will not
DO allowed to stand. He directs that
Mr.. NaH be treated by them as others
have been In similar cases. An appeal
may be taken to the secretary.
The case Is of importance, because one
of the new points made was that the
government could not sue for damages
on the bond oil an official, and the land
office proposed to make a test case OF it.
Should an appeal be made to the secre-
tary, Il is likely TO be several months
before decision could be reached.
a Land Decision Reversed.
Acting Secretary Chandler to-day
filed decision involving the rights OF
an injunction on land which lies within
the limits of railroad grant, because OF
settlement prior TO the time the com
pany's rights attached. The case is
the Northern Pacific against Peter j.
Quoda, who claims lot 10, section I,
township %. range 5, in the Olympia,
WASH, land district. He. claims to
have improved and cultivated this land
for twenty-one years, and he applied for
the homestead right under the act OF
July 4, 1884. which provides that in
functions that are located on public
land or that may, under the direction of
the secretary of the interior, be so
located, may permit the privilege of the
homestead laws as fully as may be done
by citizens of the United States. The
tor hrlAa sh nf he
injunction on the land, ne not having
given up his tribal relations did not
except the land from the grant to the
Northern Pacific and to allow him to
take up the land under the act referred
to would be TO put retroactive con-
struction on that law, as the law was
not passed until the company had filed
its map OF definite location. The score
tary accordingly reverses the decision of
the land com missioner and denies hear
ing of the injunction.
Hard to Get Funda
Marshal Brown, of Washington, tel
egraphs Senator Allen that he has two
courts running and has no money to pay
the jurymen or the marshals' fees. He
asked the senator to haye the requisi-
tion, which he had sent the department
OF justice, filed as soon as possible. The
requisition was filed this morning by
telegraph. The Washington federal
court officials seem to have moro or less
trouble with the department in getting
money for assistance for courtrooms and
fees of officers of the court and iurymen.
There have been many complaints made