Evening star., 1897-03-02
BASED on An ERROR.
Vow the Suit Against Gen. AIgcr Has
Been Dismissed.

WV the Sutt Against zen. AIRcr Has
Been Dismfssed.
Gen. Russell A. Alger, who is to be the
next Secretary Of War, has recently been
somewhat embarrassed by the fact that
there was pending against him in the
United States courts in Mic higan a suit
which rested on the charge that the firm
OF which he is a member had violated the
law by cutting timber from government
land. For some time the case has been in
the hands of his attorney, VINO has re-
Gently persuaded the land office in this city
and the Attorney General that the suit
had no equitable foundation, fnasmuch as
the land from which the timber was cut
belonged not to the government but to
Gen. Algers firm. Consequently the At
torney General last Saturday directed the
United States district attorney at Detroit
to dismiss the suit for the lack Of proof
ana Cen Aiser Is free to enter the new
ca binet without being confronted by a
lawsuit Instituted by the government Of
which he is a prominent factor This turn
OF the case has greatly gratied the COM
ing Secretary of War. especially the de-
clsion In his favor was granted by a polti-
cally hostile administration, and, the de-
ctsion having been rendered solely on the
merits Of the case. there can be no sug-
gestion OF undue influence in the premises
10 Star reporter who asked about the
matter Gen. Alger said today:
All know is that the timber GU. by the
company was upon land which we bought
ana paid fCr and were the owners Of SOm,
question al ose to the title, and the gov
ernmont brought suit. j am not very fa-
miEar with the details, but if you want
Ihem you can see my lawyer. Mr.. Duane
E. Fox of this city,
Mr.. Fox said in answer to inouirics. ..Tb.
suit which has Just been dismissed ought
never to have been brought. 1t arose from
complication in the land office records
n hoo to tho
IroWbridge of Detroit purchased the land
involved from the government. After pass
ing through other hands the land was
bought by Alger. Smith & Company, in
in to lumber it. Meanwhile the United
States land Office at GrayEng, which con-
tanned the only correct description Of Trow-
bridges purchase, was burned. with all it's
records, and the records were replaced by
copies from the general land Office in
Washington. These copies enormously sub
stituted for the land purchased by TroW-
bridge tract which had been patented to
the state under the swamp grant in 1853
and left apparently vacant the land which
Alger. Smith & Company had purchased
Thereupon 1t was taken as a homestead
claim by a man named Bullock. The gov
ernment Also treating the tract as public
land. brought suit to recover the value Of
the timber cut by Alger, Smith & Company
upon their own land, and 1t Is that case
which has been pending in the United
States court at Detroit. More recently
however. upon a full consideration of the
conflicting rights to the land. the commits
sioner Of the general land Office decided on
February II last that the land was no
longer a part Of the public domain, and
that the title was in Alger. Smith & Com
pany. Thereupon the commissioner and
the Secretary of the Interior united in q
request to the Attorney General to have
the suit which had been brought at their
instance dismissed, and the Attorney Gem
eral promptly and properly complied with
the request"