The times., 1897-03-14
BLISS VACATES HIS ORDER
Continued from First Page.

there is in your office what purports to be
an opinion signed IN the matter OF the ap-
plication of Matthias Benner and Ha rvey NJ.
Lafollette to locate Mckee scrip on what
is known q 8 the lake front of Chicago Ill,
and that,a copy OF said paper has been de-
hvered TO one OF the parties To the Contro-
versy before its rendition and pTomuiga-
ton. In flagrant disregard OF tight and
Justice, In violation OF the express order of
my predecessor and the usual and Just
rules of procedure, now, therefore, in the
exercise or the discretion and authority
conferred upon me by law. direct you to
order rehearng of such application at
such time as you may designate, not later
than thirty days from the date hereof AMI
to immedi ately notify all parties n in terest
OF this order aud of the time fixed for the
hearing.
All orders and acts of your department
heretofore made or done in the matter of
such application ire hereby rescinded, va
Gated and annulIed TO the end that said ap-
phcation may be heard de novo, aud true
and equal justice done between the par
ties
CORNELIUS N. BLISS, Secretary"
The following statement was given out
with the order The order was PROMPTED
by the facts therein referred to. on the
22d day OF February Secretary Francis
directed that judgment in the case be sus-
pended until the fuTcher order OF his de-
partment. This order has been published
The Secretary was thereafter Informed
that no decision had been rendered; none
weSfound in the proper of1oe of the Land
Department; none appears in the letter
press book, where all decisions are re-
CURED to be copied prior to PRONUNCIATION
In response to a telegram from the
Assistant Attorney General asking Commits
sioner Lamoreux If he had given out a
copy or his opinion in the lake front case
IL SO. when and TO whom, Mr. Iamoreux
replied:
ON the Goth I signed an opinion and
had number OF copies made the same day
to be given to the press on the 23d, which
date l had announced that the decision
would be promulgated. One of the copies
onthe goth gave to party with perrnis-
sion for him to use it after the decision
should be promulgated, but in no case to
be used until PRONUNCIATION. This was done
onthe Goth; on the 23d Secretary suspended
promulGation. S. W. LAMOREUX.'
Although it does not appear to whom
the copy was given, yet as Mr. Lamoreux
did not disclose the name of the nerson
although requested to do so, and repnrted
merely that he gave it TO party il is to
be presumed that such party as not with
out interest in the controversy Moreover.
before this department was advised that
any decision had been signed, counsel for
the scrip holders requested that such an
opinion he promulgated. knowledge of the
opinion is, therefore, traceable to them.
The Improperly Of giving out a COPY of
an unrendered, unproInuigated decision to
one of the parties to a controversy in ad-
vance or the day set for its formal an
nouncement S too obvious to require com
nent Mr.. Lamoreux states that he gave
copy to party three days in advance of
the time appointed by himself for its pro-
mitigation in the usual and proper way
Neither faith, nor credit can attach to an
opinion under such circumstances
''Snce it was never properly filed. it WAS
deemed best4to disregard it and direct a
new trial. This was done The law which
justifies the action Of the department may
be found in the statutes of the United
oldteS anu t1f hSSlsioas OF ltS supreme
Court. The leading case on the sub iect,
Knight VS.. Land Association, is found In
142 U. s., page ITS, wherein Mr.. Justice
Lamar says -
The Statatesin pIa cling the whole busi-
ness OF the department under the super.
vision OF the, Secretary invest him with
authority to review reverse anne nd, annul
or affirm all proceedings in the DEPART
inent having for their ultimate object to
secure the alienation of any portion OF
the public lands, or the adjustment OF
private claims to lands, with q Just re-
gard to the rights OF the public and of
private parties. Such supervision may
be exercised by direct orders or by review
on appeals When proceedings affecting
titles of lands are before the department
the power OF supervision may be ex er-
cised by the Secretary whether those
proceedings are called to his attention by
formal notice or by appeal. 1t is suf-
ficient that they are brought to his notice
The rules prescribed are designed to faciH.
tate the department in the Dispatch ei
business, not to defeat the supervision Of
the Secretary"
1t is said that Judge Lamoreux refused
to meet Secretary Francis and left the city
without calling upon him. The Commits
sioner, however, took occasion before Mr.
Francis departure, to tender his uncondi-
tionai and immediate resignation. This
was not accepted and the case was laid