New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-14
!. LAND OFFICE SCANDAL.
,v.ay ACTION TAKEN BIT SECRETARY
BLISS
.~x,rs COMMISSIONER LAMoREAuNs De
TUE CHICAGO LAKE FRONT CASE
AND ORDERS NEW TRiAi-sER'-
OTIS CHARGES AGAINST THE
zo,x~ussfoSTR

.xn ORDERS A NEW TRIAL-sERI-
ors CHARGES AGAINST THE
COMMISSIONED
washington. March 13-secre'ary Dhss TO
So. vacated and annulled the ORDERS ana pro-
s.s,rgs in the Chicago Lake Front cases anu
,,-..,ed q new trial before the commissioner OF
~. General Land Office within thir'y days Inc
''e Cav this action was that Land Commits
.oner Lamoreaux gave out copy Oh ms ue-
's,o,, IN the case to one party three days before
os'e .,u,a cot nv himself for final announcement
Hs,oh vss in violation Of ex-Secretary Francis's
orders.
rba full text Of Secretary Bliss ruling is as
follows
10 S,I rne n having been made known TO me that
t 6s signed = in the OF the application %, OF
Wa,hias Benner and Harvey NJ La Fole'.e 10 10 i
cate ~ Cbioaso H.. and that copy Of said pa
nsr mas been delivered TO one OF me PalneS ~ %
C. asgrsnt disregard Of right and justice IN VIOLA
ton Of the express order o. my preoeoesS'i
sars in the exercise of the discretion ana autnsTS
conferred upon me by law, dreet you Tcb 70 time az
can NAV designate, not later than thry oays ai
he date hereof ana 10 rHs and Of the time
dxea g r,ers and acts Of your depa -tnent hereto
a. A. -osda or done in the matter OF such appica-
is oTe sre hereby resclrdod vacated and annuned
70 y sne and si0 true and equal justice done between the
parties very CoKNELius n BLISS. Secretary.
The following state gent was given OUT at 'ie
Interior Depa.~n.e't' on February - 0eo'e'".
Francis directed that the judgment III vi.
ease be suspended until the furthet oiue' VI
,,s Department This order has been pupnsne"
TIL. Secretary was thereafter Informed 'nat no
decision had been rendered; none was louiu ="
,,A proner Office Of tho Land Department; none
s,,ears on the lett.r-press book, where all oe-
.,s,ons are required to be copied prior to pro-
mitigation
IN resoon. = TO a telegram from the Assistant
.,,o-rAv-General asking Commissioner Lamo-
raaux I, he had given out copy of his opinion
IN the lake front case. AMI II So "heh anu "
whom. Mr. Lamoreaux replied:
-, -. oo,b 7 signed tn. opinion. and had num-
~ ~ comics made the same day TO be given 70 the
nTess on the Odd which date had announced 'n s
~ accision would be promulgated one OF the
co n or The 10th gave party with perrni;ss,
son him 10 use Il after the declsiU sed nn
psppnIgstion This was done the 2oth; on the
ED the Secretary suspended E W TomTuA,sMoREAux
Although II does not appear to whom the copy
was given yet. Mr.. Lamoreaux did not ois.
close the name OF the person. although requested
10
"a party" II is to be presumed that such party
was not without interest in the controversy.
Moreover. before this Department was advised
that any decision had been signed, counsel ror
the scrp-holders requested that such an opinion
Ia promulgated knowledge Of the opinion Is
therefore traceable TO them.
The improperly Of giving out copy OF an un-
rendered unpromulgated decision TO one or the
nar-les 10 a controversy in advance or the DAY
set for It's formal announcement IS too obvious
IN REQUIRE comment. Mr.. Lamoreaux states that
he gave a copy TO a party three days In advance
OF the time appointed by himself for its promul-
CATION in the usual and proper way Neither
faith nor credit can attach 10 an opinion under
such circumstances.
Since II was never properly fled 1t was deemed
best 70 disregard il and direct new trial; TINS
was done. The law which Justifes the action OF
the Department may be found in the statutes OF
the United States and the decisions OF its Su-
preme Court The leading case on the SUBJECT,
Knight agt. Land Association, is found IN l4z
United States. page IFS. wherein Justice Lamar
says:
Department under the supervision Of the secretaX
him with authority to review reve5s
having for their ultimate object 10 secure the aena
ton Of any portion Of the paDc Ma st regard
10 the nights Of the public and of private parties
Such & on may appe De When pToeeednss az
fecting titles TO lands are before the Department
,bs mower Of supervision may be exercised by the
$500 whether those proceedings called TO
his attention by formal notice or by appear. II 10
rules prescribed are designed TO facilitate the De
partment in the dispatch Of business not 10 oeiea'
the supervision Of the Secretary.
The date for the new hearing in the Chicago
case is April :.
n-A4 ,and
Interior Department 1t was heard before
Board composed OF Commissioner Lamoreaux, OF
the General Land ONCE: his Assistant Commits
sloner. Judge Best and Mr.. Shaw. Chief of the
Land Division The Commissioners decision
favored the claimants (the Mckee scrip-hoders),
Benner and La Follott. the Commission holding
that the tract public land and open 10 SET
Element Judge Best and Mr.. Shaw were or the
opinion that the present property-holoers' IN
Guiding " K FarharSs, Potter Palmer. the
W.nstons Newberrys and other prominent ana
wealthy citizens Of Chicago were entitled 10 the
disputed tract. But Commissioner Lamoreau&
was in reality the sole judge. and his decision
was official
Lamoreauxs opinion. and by official orders re-
strained the Commissioner from making pupnc
his decision in the case.
Judge Iamoreaux named several dates 10 give
out the matter but each time assigned some
reason for delay. Near the close Of the late Ad-
nnistration he reported Ill and confined to
his hotel. and about week ago, under advice or
his physician, went TO his home In Wisconsin
While his way IL reported that he had
given the decision TO q party in interest In the
case. and the affair so far as he was concerned.
eliminated to-day In the order Of Secretary
Bliss
Mr.. LAMOREACX is SILENT.
HORIZON. Wis. March l3.-Commissione- Lamo-
reaux to-day positively declined 10 talk regarding
Secretary Bliss's vacating order in the Chicago
axe -ka ba Epayv ling
whatever about H. an that the Land ONCE was
re only place TO get any news ABOUT the later
NJ Lamoreaux appeared quite III. A doctor Is in