Evening star., 1897-03-13
Secretary Bliss Severely Reproves
Land Commissioner Lamoreux.
IMPROPER CONDUCT CHARGED
An Opinion Given Out CONTRARY
to Orders.
ID / S NJ l S S A l. LIK E LY

muleated today order annulling Judge
Lamoreuxs decision of February 10 and
directing that new hearing be had April
Ii. The order rlso charges Judge Silas W.
Lamoreux. commissioner of the general
land office, who is now sick at his home i'm
Wisconsin. with improper conduct in rem
dering opinion to which neither faith
nor credit can attach because 1t WAS pro-
mulgated by Judge Lamoreux in violation
of an order made by Secretary Francis
directing judgment I'm the case to be sus-
pended until further orders
Judge Lamoreux's connection with the
case. ii is said, appears from the records
of the department to be open TO severe
criticism. Ex-Fire Marshal Matt Benner of
Chicago and Harvey NJ. Lafollette of In
diana. a cousin of ex-Representative l.afol-
lette of Wisconsin, having bought of the
heirs of the Mckee estate of Louisville.
KY, what is known the Mckee scrip,
filed it upon 100 acres of land the North
Side i'm the city of Chicago. This land is
covered by valuable improvements, worth.
according to various estimates, all the way
from s15,o00,oo0 to S3o.o0ooWo.
Against the Record.
When their attorneys. Dudley and Mich
erer sought to have the land office pass
or the claim, they received from Judge
Lamoreux a lengthy review of the merits
of their case, and decision that their
claim would rot be entertained.
There was also of record in the office a
decision made in 1893, denying the claim of
Capt. Geo. Streeter to the same land. This
decision was made affirming one by Judge
LamoreuX himself. There was also an old
er decision by Acting Secretary Chamber
in 1891. in precisely the same case, when
Evan T. Warner tried to file upon the
same property with the same Mckee scrip.
and declaring that land within the cor
lie land. and such subject to location
with Mckee scrip" This decision was rem
dered when Senator Carter of Montana
commissioner of the land office. and 1t is
claimed that it corresponds to the uniform
rule of the department.
Notwithstanding the position which he
had taken in the matter and the decisions
Of the department. Judge Lamorenx gave
the application of Benner and I.afollette
Its day in court, and hearing was had
with the commissioner, Judge Emory Best
the assistant commissioner. and Mr.. Shaw
of the lands and railroads division sitting
together. Judge Best took ground against
the claim.
Mr. Lamoreux sustained it and wrote a
decision In favor of IL.
Secretary Francis Interferes.
Meanwhile, in some manner unknown to
the commissioner. Secretary Francis learn
ed that Judge Lamoreux was likely to sus-
tain the claimants, and he addressed an
order to the commissioner on the I'D of
February suspending all action in the case
on the ground that IT was too near the end
OF the administration to decide a case of so
much Importance, and that it should be left
to his successor in Office. But on the 2nrh
Judge Lamoreux had signed the opinion.
had a number of copies made which he
directed his subordinates to give to the
press on the 23d, and himself, on the 2oth,
gave a certified copy of the decision to
some one, presumably to one of the claim
mi G of torn !,
in the position Of defying his superior when
that superior was legally the higher court
to which he was amenabe and by whom
his acts and decisions were renewable.
Secretary Bliss Order.
Secretary Bliss order today. addressed 10
Commissioner Lamoreux, is as follows:
1t having been made known to me that
there is in your office what purports to be
an opinion signed in the matter of the ap-
plication of Matthias Benner and Harvey NJ.
Lafolette to locate Mckee scrip on what is
known as the lake front OF Chicago ILL.,
and that a copy of said paper has been de-
Iv"rcd to one Of the parties 10 the contro-
tersy before its rendition and promulga-
ton, in fragrant disregard of right and
justice in violation of the express order of
my predecessor and the usual and lust
rules of procedure, now. therefore, in the
exercise of the discretion end 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
10 Immediately notify all parties in interest
OF this order and of the time fixed for the
hearing.
All orders and acts of your department
herstofore made or done in the matter of
such application are hereby rescinded va
Gated and annulled to the end that said an
plfcation may be heard de noyo and trtle
and equal justice done between the par
ties"
Judge LamOreux's Admission.
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 d.
rected that judgment in the case be sus-
pended until the further order of his de-
partment- This order has been published.
The Secretary was thereafter informed
that no decision had been rendered; none
was found In the proper office of the land
department; none appears in the letter
press book. where all decisions are re-
quired to be copied prior to PRONUNCIATION.
In response to a telegram from the as
sistant attorney general, asking Commits
sioner Lamoreux If he had given out a
copy Of his opinion in the lake front case.
If SO. when and to whom, Mr. Lamoreux
replied:
'''On the Goth 1 signed an opinion and
to be given to the press on the 23d. which
date 1 had announced that the decision
would be promulgated One of the copies
on the 10th 1 gave to a party with permis-
sion for him to use IL after the decision
should be promulgated but in no case to
be used until promulgation. This was done
on the 10th: on the 22d Secretary suspended
s. w. LAMOREUX-'
COllusiOn Suggested.
Although 1t does not appear to whom
the copy was given, yet as Mr. Lamoreux
aid not disclose the name of the person
requested to do SO, and reported
merely that he gave IT to "A party it is to
be presumed that such party was not with
,ut interest in the controversy. Moreover,
oefore this department was advised that
any decision had been signed. counsel for
he scrip holders requested that such an
opinion be promulgated. knowledge OF the
opinion Is. therefore, traceable TO them.
The improperly Of giving out a COPY of
In unrendered, unpromulgated decision to
,ne OF the parties to a controversy in ad-
vance OF the day set for it's formal an
.ouncement Is too obvious to require COM
nent Mr.. Lamoreux states that he gave
! copy to q party three days In advance OF
he time appointed by himself for it's pro-
nulgation in the usual and proper way,