The times., 1897-03-18
ufveyed public land, located as described

surveyed public land, located as described
| above.
| ''Messrs. Necdham & Cotton, attorneys
| for N. K. Fairbanks ct al, in petition
| OF February IL, 1897, requested that the
| phraseology OF the order OF september
| "a, 1896, made by the then Acting Secre
tary OF the Interior, be modified. mas
much as the attorneys Of said Matthias
Benner and Harvey NJ. LaFoilette claim
| that the words .uBsuryeyed public lands.
used in said application and repeated in
the order issued by this department, de-
failing the surveyors, is a decision by the
Secretary of the Interior that the land
ordered surveyed was and Is public land,
or u portion OF the public domain, and
therefore subject to entry under the afore-
said Mckee Scrip.
''As you surely did not mean TO make
any such decision i'll ye,Ir application, and
as this department unquestionably did not
intend to utter such Judgment in the or
ders above mentioned, no hearing upon
that question having been had, the word
ing of said orders is hereby modified, so
that in the third line thereof, after the
words strip Of there should be inserted
the words lands claimed to be-.
There are also hereby added to each
order the following words, Nothing herein
shall be construed az determining whether
said lands are public lands OF the United
States, this question having been referred
to the Commissioner of the General Land
OFFICE for decision ia the first instance.
and according to my understanding, being
now under consideration by him.
The orders are corrected to read as fol-
lows
Mr. Frank Fiynt, Chief OF the Division
Of Public Surveys, General Land Office.
"sir-On the Recommendation OF the Com
missioner. you are hereby detailed for duty
as United states Surveyor, to survey strip
of lands claimed to be msurveyed public
lands, lying between the original meander
line and the present shore line OF Lake
Michigan, in Section 10, Town ship SO N.
Range IA L, Sd 2 NJ, Illinois
Your actual necessary travelling ex-
penses and subsistence in this connection
viii be allowed. payable from the reserve
funds Of the appropriation for surveying
public lands for the present fiscal year
You are also TO hire such assistance as
may be necessary TO carry out this detail
Mr. Walter T. Paine. OF the General Land
Office, has been detailed 10 assist in this
survey.
Nothing herein shall be construed as de-
termining whether said lands are public
lands OF the United States, this question
having been referred to the Commissioner
OF the General Land Office for decision in
tie first instance. and according 10 my
understanding being now under con sadera-
tion by him.
A similar note was issued to Mr.. Paine.
The point is also made by the local at
torneys that if, as Secretary Francis said,
he desired 10 leave the matter for the deter
mination of the next administration OF the
office, these orders would have been left TO
Secretary Iii SIS, as they reveal no kno wledge
that Judge LamoreuX had decided the case.
The last sentence OF the letter to the sur
veyors does not indicate, according to the
attorneys view. that there was any desire
up to the day before the decision Of Judge
Lamoreux to take the case ont OF his hands
One OF the attorneys who are practically
sust aiming Judge LamoreuX said that these
various and extraordinary acts OF Secretary
Francis were done without any notice
whatever to the Mex ee Scrip side OF the
case. and that they only became cogniZsnt
of them n making the search yesterday for
other important documentary evidence IN
the case Gen. Michener said that Dotwith-
standing the Secretary's order of the 22d
of February suspendng action, the record
show shin to have been issuing important
orders after that date