Evening star., 1897-03-18
THE LAKE FRONT CASE
A Protest Filed Against Secretary Bliss
Action.
Judge LamOreuX Asked to Return to
Washington and Explain His
Position In the Matter.

neys for Matt Benner and Harvey NJ La
toilette in what is known as the Mckee
scrip or Chicago lake front case, have filed
a protest against the action of Secretary
Francis in trying to suspend judgment in
the case when he learned that Commission
er Lamoreux was about to decide the case
They insist that Mr.. Francis acted irreg-
ularly; that he had no authority to prevent
the commissioner, who was, in fact, the
court below, from deciding the case, and
in doing so exceeded his authority. They
also object to Secretary Bliss order for a
rehearing. They urge that he had no right
to interrupt disturb the regular pro-
cedure of the court below. They claim that
Mr.. Bliss is in error in basing his action on
the ground that the commissioner promul-
gated his decision in defiance of Mr. Fran
els order and that such was not the fact
They call attention to the rules of prac-
tice in the Interior Department in support
of their protest.
Rules IS requires that motions for rehear-
ing and review must be accompanied by an
affidavit by the party, or his attorney. that
the motion is made in good faith and not
for the purpose of delay.
Rule III says that motions for review
and motions for rehearing before the Sec
retary must be filed with the commissioner
of the land Office within thirty days after
notice of the decision complained Of
The survey of the lake front land vas
ordered September n. 1896. The plat was
approved by Commissioner LamoreuX, eX-
oificio surveyor general for the state of il
linois, the 10th of October. AS late as
February 10 Secretary Francis. in violation
Of the rules. it is claimed. opened up this
matter of surveying the land in dispute in
the following letter addressed to Commits
sioner Lamoreux:
Violation of Rules.
''Sir: On September "a, 1896. you made
application to this department for the de-
tail of Frank Flynt and Walter T. Paine, to
do duty IS United States surveyors in the
city of Chicago. III, and said application,
in describir the duties to be performed by
said surveyors, made use of the following
words:
To survey a strip of unsurveyed pub
lie land lyirg between the original meander
line and the present shore line of Lake
Michigan. in Sec. 10. T. 80 N, r. II E.
of the Sd P. NJ. Illinois
said survey having been ordered on the
application of Matthias Benner and Harvey
NJ. LaFollette to locate with Mckee scrip
certain lands lying east of the United
States survey line of 1921, described as
aforesaid The acting secretary of the in
.erior. Hon. William H. Sims. on the date
named. granted the application made by
your office. ard in making the detail of the
aforesaid Frank Flynt and Walter 7. Paine,
used the same words in which your appli-
cation was framed and directed that said
Flynt and Paine survey a stri, of unsur
veyed pubic land located as described
above
.Messrs Needham Cotton, attorneys
for \. X. Fairbanks ct AL in a petition
of February II, 1897. requested that the
phraseology of the order of September ~,
1896 made by the then acting secretary
of the interior be modified, nasmuch
the attorneys of said Matthias Benner and
Harvey NJ LaFoilette claim that the words
'unsurveyed public lands used in said APP
plication and repeated in the order issued
at,
is a decision by the Secretary of the In
terror that the land ordered surveyed was
and is public land or a portion of the pub
lie domain. and therefore subject to entry
under the aforesaid Mckee scrip.
LAS you surely did not mean to make
any such decision in your application. and
as this department Unquestionably did not
intend to utter such judgment in the or
ders above mentioned, no hearing upon
that question having been HAD. the word
irg of said orders is hereby modified. so
that in the third line thereof. after the
word strip Of there should be inserted
the words lands claimed to be-
There are also hereby added to each
order the following words. Nothing herein
shall be construed determining whether
said laIds public lands of the United
States. this question having been referred
to the commissioner of the general land
Office for decision in the first instance,
and according to my understanding, being
now under consideration by him."
4 Sudden Change.
Three days later Mr.. Francis issued his
order taking the case out of Judge Lam
oreux's hands, some one having, 1t is claim
ed. secretly told him that the commissioner
had found that the land was in the public
domain. being filed in land on the lake
shore. to which no one had a ghost of
title, and that the Mckee scrip, which by
act Of Congress was made available beyond
any other kind of scrip for the purchase Of
government land wherever found, could be
filed on this land.
1t IS expected that Congress will order
Investigation of the whole affair, calling
Mr.. Francis here to testify to what he
knows of the matter, and that Judge Lam
oreux will be present to defend himself and
dispel the cloud under which he now rests.
Secretary Bliss has written to Commits
sioner Lamoreux, Offering Mr.. Lamoreux
opportunity to defend himself. The Sec
retary cites the order vacating the proceed
irgs. and says it is understood that the
commissioner desires to be heard ON the
charges therein implied.
The cnly charge made and which is ad-
mitted, the letter states. is that he secretly
impaired to an interested person the de-
cision in advsnce of its PRONUNCIATION, in
volving property of immense value ard re-
quiring the incest discretion. A reasonable
length of time to hear from Judge Lamor-
eux will be allowed, pending which action
on his personal case will be deferred.