The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-03-14

ton, the statement being made that he
was in a critical condition from nervous
exhaustion, and before his departure he
rendered his resignation to the presi-
dent. In view of today's developments
it may be that he will be dismissed The
full text OF the order cancelling the FRO
ceedings, signed by the secretary this
morning, follows:
''To the commissioner OF the general
land office:
Sir: II having been made known to
me that there is in your office what pur-
ports 10 be an opinion signed in the
matter Of application of Matthias Benner
and Harvey NJ. Lafolette TO locate scrip
on what is known as the lake front of
Chicago, Illinois, and that copy of
said paper mas been delivered to one of
the parties To the controversy before its
rendition and PRONUNCIATION, in fragrant
disregard of right and justice and in
violation OF the express order OF my
predecessor and the usual and just rules
Of procedure; now, therefore, in the ex-
ercIse Of the discretion and authority
conferred upon ME by law. l direct you
to order rehearing Of such application
AT such time as you may designate. not
later than thirty DAYS from the date
hereof. and to Immediately notify all
PAL ties in interest Of this order and Of
the time fiXed for the hearing.
"AE orders and acts OF your depart
merit heretofore made or done in the
matter OF such application are hereby.
reScinded. vacated and annulled, TO the
end that said application may be heard
de novo and true and equal justice done
between the parties.
Very respectfully.
Secretary"
The decision formulated and promul-
gated by Commissioner Lamoreux. and
which resulted in today's scathing re-
huke. il is said at the department, is d.
rectly contrary 10 a decision rendered
by him on August 81 last, involving the
same lands and Identical. except as 10
parties. with the present case
This decision WAS rendered on an ap-
plica'ion by Martin VI. Cooney and 9TH
srs 10 locate Mckee scrip on iden;ically
the same ground and, it is said, under !
the same circumstances. as the present |
Ease. The application Of Cooney ct al. |
was rejected, While the application OF !
Harvey NJ. LsfoieEe and Matthias Ben |
ler was allowed by Commissioner Lam |
1reuN in the decision which has been re- |
oudiaJed by Secretary Bliss today.
WHO GOT THE OPINION.
Washington. March 13.-The party 10 |
whom the opinion was given in advance !
5 stated 10 have been ex-Congress nan
?. j. Son.ers Of Milwaukee, one OF the 4
scrip locaters' counsel. who was here for /,
some time 5store the publication. The |
opinion Was never filed o. put on record |
md Is said al the department 10 be
auity for that reason The first knowi-
'dge Of the higher officials of the de-
that The opinion had been for
nally drawn up and signed is stated 70
AVE been when eX-Secretary Carlisle. re-
aimed as associate counsel for the scTip
ide. came Down 10 the department; on
he afternoon OF the day that Secretary
Bliss took the oath of Office and asked
hat the opinion be pGomniga ted
The department absolyes Mr Carlisle
rom wrong connection with the case.
aging he probably acted unwfttinglv
nd did not come down until after ne
ad relinquished his duties as secretary.
Ut his request. il is asSerJained. was a
omplete surprise. The secretary had
ne matter attended to and found the
pinion unrecorded. lying in the private |