The times., 1897-03-18
BLISS POWER ATTACKED
An Important Legal Question Be.
fore Interior Department.
FILED In LAKE FRONT CASE
The Attorneys In the Mckee Scrip
Litigation Raise a New Question.
Documents Copied to show That
Secretary Francis Acted Irregu-
larly-A Big Fight On.

The unpleasantness Of things for ex.
Secretary of the Interior Francis, and
possibly for tlissuceessor, Mr. Bliss. grow
Ing out OF the Lamoreux scandal, is de
Veloping at Gailop. So far as the dis
obedience Of an order constitutes a scan,
dal. the attorneys for the Mckee Scrip
claimants are about to show that the
scandai was not confined in the Interior
Department to the office of the Land Com
missioner. There are millions of money
involved in the fight, with nearly all the
Chicago millionaires and the Secretaries
OF the Interior on one side, and Judge
Lamoreux and the Mckee scrip claimants
on the other. The Irst step in the lew
fight was taken yesterday morning, not
withstanding the fact that it has been
the quiet understanding that the case
should come up de noyo, as desired by
Secretary Bliss, ON the old lines of con.
tention.
The attorneys for Benner and La Folntte
have challenged the right or power Of
Secretary Francis or his SUCCESSOR to deal
with the decision Of Judge Lamoreux as
they have done They have filed their
grounds for the challenge and have made
copies Of some extremely Interesting uGcu-
ments under the hand Of Secretary Francis
which they Will use in perhaps a sensa-
tional manner in due time The papers. OF
which copies have been obtained, are such
as to lead to the belief that they must
have been pointed out as relevant by some
very near friend Of Judge I.amureux. who
is now under u cloud SO far as the public
criticism or his conduct by both 1f his
chiefs can make him. Dudley & Michener.
of this city are the attorneys for benncr
and La FoIette. Gen Dudley, OF this firm.
wrote the decision i'll the case which Land
Commissioner Lamoreux adopted as his
own.
These attorneys filed yesterday with the
Department OF the Interior d very important
motion. 1t asks that the action Of Secre-
tary Bliss be reviewed wherein he undertook
to direct a fehea ring of the case and set
aside the decision OF Judge Lamorcux. 1t
maintains that Commissioner Lamoreux in
deciding the case, acted in a judicial
capacity, and that Secie etary Bliss had no
power under tire law to direct the action
OF his subordinate, which had been so
jtdicialy considered and determined
Second The motion sets forth that the
Secretaiy's direction for a rehea ring is
predicated on the erroneous theory that
Commissioner Lamoreux had made public
the decision after the order OF suspension
was made by Secretary Francis, when on
the contrary. 1t WIS made public two days
before such suspen sive order
Thirdly The broad ground is taken that
the Secretary Of the Interior acted outside
OF his proper province.
The documents OF which copies were
made yesterday relate to the survey Of
tie land in dispute, and from these, docu-
ments IL is proposed by the attorneys to
show that Secretary Francis disregarded
the rules OF practice OF the Department
Of the Interior in certain acts.
Rule 7e recites that motions for re-
hearing and review must be accompanied
by an affidavit 10y the party. or his attor-
pey, that the motion is made in good faith
and not for the purpose Of delay
Rule ia says that motions for review
and motions for rehearing before the Sec
retary must be filed with the Commits
sioner of the Land office within thirty
days after notice OF the decision COM
planned Of
The survey OF the lake 'front.' which is
the basis of the decision of Judge Lamoreux
was ordered on September "a. 1896. The
plat of the lands was approved by Com
missioner Lamoreux, eX-offiCio surveyor
general for the State OF Illinois, on the
18th OF October, 1896. 1t will be held in
argument that Secretary Francis must
have known that any attack on this plat
should have been made within thirty days
after October l6, 1896
Dudley and Michener examined the rec
ords yesterday, as stated, and found that
Secretary Francis had acted on motion
made by the attorneys for n. Z. Fair
banks and other millionaireS, as late as
February II, 1897, four months after
October IS, and three months beyond the
limit of rule of practice IA. While the
letter OF Fairbanks attorney Is dated
February IL. asking for this review or
modification OF the survey, the note on
the copy in the Land Office says that it
was received February 20, 1897, three
days after Secretary Francis endea vOred
to stop the publication of the decision.
There is a note on the petition also to
show that it was not received at the De
partment of the Interior until February
"a, four days after Judge Lamoreux had
shown that the petition on which Secre-
tary Francis acted was not sworn to, as
provided by rule 7S.
According to the copies made OF the
records, Secretary Francis wrote letter
on February 1s, referring to letter from
the attorneys OF Messrs. Fairbanks and
others, which is marked received Feb
ruary "a, 1897" and which was dated
February II and which is further marked
received at the General Land Office Feb
ruaTy 25." at4j
This letter OF Secretary Francis of date
February 19 is Interesting because it shows
an acute criticis,nor the commissioner, and
besides shows that the Secretary granted
the rehearing or.review long after the
thirty days limitation, as he reeites when
the letter OF the attorneys was written.
This and some other matters yet to come
out will make the proceedings instituted
yesterday OF peculiar interest before the
real merits OF the case are reached, as by
the order of Secretary Bliss in de novo
proceedings. It ia addressed to the Com
missioner OF the General Land Office and
reads as follows
"Sir-On September "a, 1896, you made
application to this department for the de-
tail Of Frank Fiynt and Walter T Paine, to
do duty as United States surveyors in the
city of Chicago, Ill, and said application,
in describing the duties to be performed by
said surveyors, made use Of the following
words:
ITO survey q strip of unsurveyed