The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-14

Cooney, ct al. was rejected, while the
application of Harvey M. Lafolette
and Matthias Benner was allowed by
Commissioner Lamoreaux, in the de-
cls1on which has been repudiated by
Secretary Bliss today.
A rehearlng of the Chicago lake front
case has been set for April 5.
The party" to whom the opinion
was given II advance is stated to have
Been ex-Congressman P. J. Somers, of
Milwaukee, one of the scrip locaters'
counsel, who was here for some time
before the publication. The opinion
was never filed or put on record, and is
salo at the department to be faulty for
that reason, being regarded the same
as an opinion carried about in a per-
sons breast. The first knowledge of
the higher officials Of the department
that the opinion had been formally
drawn up and Signed Is stated to have
been when ex-Secretary Carlisle, re-
tanned as associate counsel for the scrip
side, came down TO the department on
the AFTERNOON OF the day that Secretary
B1ss took the oath of office, and asked
that the opinion be promulgated.
The department. absolves Mr.. Carlisle
from wrong CONNECTION with the case,
saying he probably acted unwittingly,
and did not come down until after he
tary, but his request, it is asserted. was
complete surprise. Then the secre-
tary had the matter examined into and
round the opinion unrecorded, lying in
the private safe, though it had been
promulgated to the counsel 1t is also
explained that Secretary Francis got
wind Of the fact that the commissioner
was about to decide the matter, and
so issued his postponing order, but did
not know of written opinion. 1t is
alleged also that the opinion used by
the commissioner was substantially the
same in terms and words as furnished
by Attorney Michener, of counsel for
the scrip locaters. -d5
The decision of Commissioner Lamor-
eaux in the .Cooney case was, rendered
Aug. 81 last. and in it he said:6 I'M -
Messrs. Dudley and Michener Washington
d. C.-Gentlemen:2 l am in receipt Of your
letter Of July 10: 1895, wherein you inclose
an application with accompanying papers by
Martin NJ. Cooney ct al. to locate Mckee
scrip for a tract of land on the Chicago lake
front, Illinois, adjacent to that included in
the patent issued in 1887 to Robert Kinzie,
and in view OF the magnitude of the case
you ask permission to present it by brief and
also by oral argument. There have been sew
eral decisions rendered by this Office ad-
versely upon application by different parties
to locate scrip upon land within the corporate
limits of the city of Chicago. See case OF
Emu 1. Warner, also case of George w.
Streetor, respecting the land involved in this
case
You think that careful examination will
show that this case in it's important features
is radically different from any which have
heretofore been presented to this department
affecting Chicago lake front ;and and that
departmental action in these cases cannot
properly be held as precedent for action in
this case After careful consideration of said
decisions in connection herewith l fail to
find wherein you present in this case any-
thing new either Of fact or law not pre-
sented in the cases above referred to. and
you make no suggestion of an inadvertence
or accident on the part of the officers in rem
dering those decisions. In view Of the fore
going l deem an oral argument in this case
unnecessary, and the application of Coonev
ct al is denied. Said pieces of scrip are
herewith inclosed.f o. S. w. Lamoreaux
i .tE Comm issioner.