Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-25
GOV. LEARY SUSTAINED
CONTROVERSY OVER LIEUT.. SAT-
FoRD's HOUSE IN GUAM.
The Attorney General Decides That the
Officer in Charge Was Acting
Within His Rights.

According to the Attorney General the
Constitution did not follow the flag in the
case of the establishment OF the United
States government in the Island of Guam
When Rear Admiral r. p. Leary. the first
naval governor Of the island after its ao-
QUESTION from Spain. held the reins OF gov
eminent, he did many things in what was
regarded by the Inhabitants as a despotic
manner.
It was charged against his administra-
ton that he acted as monarch Of all he
surveyed" and that there was no appeal
from his decision on any question affecting
the government OF the island and Its in
habitants. In spite of these allegations. the
administration Of Admiral Leary was sub
sequently fully approved by the Navy De-
partment. and his acts were allowed to
stand as the unouestioned law Of the COM
munity.
Lieut.. Safford's. House.
There was. however. one determined ex-
ception to this rule. and it Is this exception
that has now been settled by the Attorney
General in favor of the naval governor.
When the American naval colony was orig
inally established in Guam, with Admiral
Leary as the supreme power. one Of his
assistants. Lieut.. VIM. E. Stafford obtained
one Of the very few good dwelling houses
on the island. by purchase from the owner.
and improved 1t to such an extent that it
became practically the most desirable res
tdence on the island 1t was far superior
to the premises occupied by the governor
and possessed many modern improvements
that were lacking in the executive mansion.
Gov. Leary finally concluded that Lieut.
Safford's house was needed by the govern
nlent and opened negotiations for its pur-
chase. but the price asked by the owner
was thought by the governor to be excess
sive. and as they could not agree on that
point Gov. Leary finally condemned the
premises for government purposes and took
possession.
Lieut. Stafford made a vigorous protest
against this summary proceeding. and APP
pealed to the authorities at Washington for
redress. financial and otherwise. The case
has been under consideration ever since. in
one phase or another, before the officers of
the Navy Department, Treasury Depart
ment and the Department of Justice.
The case finally became so tangled and
complicated that 1t was referred to the At
torney General for an opinion on the legal
principles involved.
Gov. Leary Sustained.
The Attorney General has sustained the
action Of Gov. Leary as being legal under
the peculiar circumstances of the case, and
holds that the accounting officers of the
treasury will be justified in allowing the
amount paid to the owner for the property
by the naval paymaster by order of the
governor of the island.
In his opinion the Attorney General holds
that the Constitution has not been extended
TO Guam by congressional enactment, and
that the sole powers Of the government of
that island had been necessarily and prop
erly committed by the President to the
naval officer detailed as governor of the
territory. This conclusion was based on the
fact that the country was just emerging
from the war with Spain and that the con-
ditions justified and required that the rep
rcsentative of the United States on the Is
land possession be vested with plenary
powers.
Following this reasoning the Attorney
General holds that the action of the naval
governor in appropriating the property of
Lieut.. Stafford was entirely within his au-
thority in the exercise of the right of emf
nent domain, and in this case had given the
United States clear and valid title to the
property in dispute.
During the progress of these negotiations
Rear Admiral Leary died and Lieut.. Stafford
resigned from the navy to accept position
under the Agriculture Department.