The times., 1897-03-19
THE CHICAGO LAND CASE
May Be Made the Subject Of Con-
gressiOnal Investigation.
Another Nice Question Raised Which
Has a Material Bea ring Upon
the Whole Controversy.

A day has not yet been fixed 10y the Sec
fetary of the Interior for hearing of
the motion filed on wednesday by the at
torneyS for the Mckee scrip claimants OF
the lake front property, this motion in
volving the right of Secretaries Francis
and Bliss to have taken the action for
which Lend Commissioner Lamoreux was
rebuked. The latest phase in the case is
that the whole matter may be made t4&s
aub1eCt of Congressional Investigation, al
though it is probable that this may not
be necessary If Secretary Francis and
Judge LamoreuX appear and make state
mcnts in the proceedings on the prelimi-
nary hearing above referred to or on the
trial of the merits de novo. Secretary
Bliss has offered Judge Lamoreux the op-
portunioy to make a statement.
A very nice point was raised in the
case yesterday. One OF the matters on
which Secretary Francis is stated TO be
amenable to criticism is that he allowed a
rehearing OF certain matters relating to
the survey after the time for such hearing
had expired. In the order for the sur
vey Commissioner Lamoreux referred to
the lands in question as ''unsurveyed
public lands" and Acting Secretary Sims
used the same language in extending the
order, thus making this phrase a deliber-
ate deliverance Of the department. When
Mr.. Sims was Acting Secretary Of the In
terror he was invested with full authority,
and in such capacity both he and Com
missioner LamOreUX, by referring to the
lands as ''unsurveyed public lands" ap-
parently settled the whole controversy. 1t
is now one of the questions whether any
thing Secretary Francis could do under
decision of the Supreme Court quoted be-
low would affect the action Of the Acting
Secretary of the Interior.
The value of the letters appointing the
surveyors with the language ''unsurveyed
public lands is apparent from the fact that
these letters were filed in the office Of
the recorder Of Cook county, Ill.
The following extract from the letter OF
Messrs. Needham s. Cotton, attorneys, Of
this city, for those opposing the Mckee scrip
claimants, and which letter is on file in
the department, refers specifically TO these
matters, and Is otherwise interesting for
The suggestion it makes, and adopted by
Secretary Francis, as TO why Judge LaInor-
euX should have been reversed. These at
torneys say, on February L, omitting legal
phraseology:
MANY Of the owners have appeared by
counsel before the commissioner of the
General Land Office and moved to review
and set aside the order for the survey and
the approval OF the plat; and these motions
and application to locate were heard by
;he commissioner the 21st, 22d, and 23d
flaws of November, 1896, but no opinion or
decision had been rendered by the com
missioner. All of these motions, proceed
mgs, and the large amount Of evidence sub
mttted at the hearing are on file, to which
we beg leave to refer
1T was claimed in the proceedings by
counsel for the applicants that the letters
uigned by Acting Secretary Sims cOnsti-
tuted a determination by the Secretary
that the lands were unsurveyed public
lands OF the United States and it is
question whether the motion to review,
made and pending before the commissioners,
is sufficient motion to obtain a review
of the conclusion in the two letters written
by this department, appointing the sur
veyors ard deSi gnating the lands as
'unsurveyed public lands of the United
States
Under the decision of the Supreme
Court of the United States, in Noble vs.
Union River Logging Company, 147 q. S,
at p. ! So, it is held that 'one officer of the
Land office is not competent to cancel
or annul the acts of his predecessor, and
this rule is applied to the Secretary Of
this department As there is about to
be a change of administration, and it is
Contended that the letters were q determi-
nation by the Secretary that the lands
referred to were public lands of the
United States, and under the rule estab-
Iished by the Supreme Court the successor
of the present Secretary cannot review
such decision, we beg leave to enter herein
q motion to review and modify, or reverse,
the statement or conclusion in the two
letters Of September "A, S96, that the
lands are 'unsurveyed public lands;' not
intending hereby to disturb or affect the
controversy now pending before the COM
missioner, other than as it may be affected
by the review, modification, or change
Of the two letters"