The Helena independent., 1890-09-18
Reappearance of the Now Historic
Naf Land Case in the De-
partment.
Secretary Noble Takes Some Of
the Under Officials Sharply
to Task.
A Land Decision by the Acting Secretary
Trouble About Getting Considera-
tion for Washington.

i - OoSVs -l0P0OA0AsJ VOAAAA
u. Natf's claim on the government for $40O,
which hepaid twice for lands in Washing
ton state, came to light again to-day. The
case is getting to be one of the historic ones
in the department of tho interior. Ever
since dishonest official neglected to credit
Naf with his FIRST payment, the case has
been dragging along. The burning of the
land Office in the Spokane Falls fire, COM
plicated it. Senator Allen and Representa-
tive Wilson have been at no end of trouble
to get evidence that Naff was entitled to be
paid back. Rulings have been made which,
II was thought. settled the case forever, but
It has broken out again. This time it is
the subject of letter from the secretary of
the interior to the land office officials in
which he turns down these gentlemen. He
says that their ruling that. Naff 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 questions which only the
head of the department can settle on ap-
peal. and the action in the Nan case will
not be allowed to stand. He
directed that Mr.. Naff be treated
BY them as others have in similar cases,
and If he is not satisfied an appeal may be
taken to the secretary. The case is of i'm
portance, because one of the new points
made was that the government could not
sue for damages on the bond Of an official
and the land Office proposed to make test
case of it. Should an appeal be made to
the secretary it is likely to be several
aonths before decision could be reached.
The secretary of war has transferred Post
Quartermaster Sergeant August G. Morite
from Fort Spokane to Vancouver barracks,
Wash.
Acting Secretary Chandler to-day filed a
decision involving the rights of an Indian
who claims land which lies within the
limits of a railroad grant, because of set
Element prior to the time the company's
rights attached. The case is the Northern
Pacific against Peter j. Quoda, who claims
lot ten, section one, township twenty, range
Eve. in the Olympia, Wash., land district
Re claims to have improved and cultivated
his land for twenty-one years and he ap-
piled for homestead rights under the act of
July 4. 1884, which provides that Indians
when located on public lands or that
may, under the direction of the secretary of
of the privilege of the homestead laws as
fully as may be done by citizens of the
United States. The secretary holds that
the residence Of the Indian on the land,
he 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 construction
on that law, as the law was not passed un-
til the company had filed its map of def
mite location. The secretary accordingly
reverses the decision of the land commission
and denies a hearing to the Indian,
Marshal Brown, of Washington, telegraphs
Senator Allen that he had two courts rum
ming and had no money to pay jurymen or
marshars fees. He asked the senator to
have the requisition which he had sent the
department. of Justice filed as soon as pos
sible. The requisition was filled this MORN
ing by telegraph. Washington federal Of
fcials seem to have more or less trouble
with the departmentsin getting money for
assistance, for court rooms and the fees of
officers of the court and jurymen. There
have been many complaints made by them
to the delegation in congress and like the
last it takes the personal Intervention of
the senators or representatives to secure
the government machinery. 1t is even said
that some of the federal court appointees
have threatened to resign because they can
not secure money to carry on the business
for which they have been appointed.