Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-27
PUSHING OLD CLAIM MAN OF HIGH IDEALS
Syndicate Again Seeks Rich Monument in Memory of Ben.
Holdings at Aurora, III. jamin Harrison Unveiled
VALUE PUT AT $2,5OO,OOO DAUGHTER PULLS CORD
Claimed Through Government Script Flags Drawn Apart Disclosing
Issued IN 1875. Statue Of the General
00O LAM orrACE DECAoAoN REGULARS AND g. A. ASSIST
1oinei 'ao'
Says Suit Uncle r. Tho
to Survey Land Will Follow. Indian. st.+.sm.r
Syndicate Again Seeks Rich
Holdings at Aurora, III.
VALUE PUT AT $2,5OO,OOO
Claimed Through Government Script
Issued in 1843.
HAD LAND OFFICE DECISION
Former Senator Mason, Counsel,
Says Suit to Compel Uncle Sam
to Survey Land Will Follow.

CHICAGO. October o7.-The owners of
property worth. at a conservative esti-
mate. S2.JO0.0oO. and located in the very
heart OF the business district of Aurora.
H.. have had their holdings placed in
jeopardy by the filing of papers in the
general land Office in Washington laying
claim to It,
A syndicate headed by ]. NJ. Spiker of
Aurora claims that through possession of
a quantity of United States government
scrip issued at the close of the Mexican
war it's members are the real owners of
the property.
The property to which claim is laid
embraces about half the area of Stolps
Island in the Fox river. on which are
situated the Aurora city hall. the post
office. the Aurora Public Library, banks,
stores, newspaper offices and the plant of
the Western United Gas and Electric
Company, and also eight blocks on the
west side of Broadway and fourteen
blocks on the east side of River street.
This latter property Is all improved and
is lined with stores and business BLOCKS.
Names Carefully Withheld.
Former Senator William E. Mason of
Chicago is acting as counsel for the syndi-
cate With the exception og Spiker the
names of the members of the syndicate
are carefully withheld. 1t is admitted,
however, that several prominent Aurora
men and also wealthy Chicagoans are in
terested and have furnished the money to
push the claim.
The first move has been petition ask
ing the land Office to survey the lano
according to the old method-by "metes
and bounds"
SHOULD the general land Office refuse
to make the survey" said former Senator
Mason last night, then suit will be nled
to compel them to do SO. Splits In custer
proceedings will be filed later.
at is not likely that the city buildings
or city property can be affected by the
present proceedings. The city, believe,
got title to the land by special act OF
Congress"
The commissioner of the general land
office in decision rendered April
IL. 1908, denied the petition of j. M
Spiker of Aurora, H., for the survey OF
certain lands between the meander and
shore lines of Fox river adjoining the
mainland in the southwest quarter Of sec
ton % tract 80 north. range east. third
principal meridian of Illinois. made 10
enable the petitioner to locate Porterheld
scrip No. q, issued under act of April
IL. 1850.
included in the territory whose survey
was sought Is an island of lois acres,
which was patented to Frede rick Stolp
March 10. 1S43, and known as Stop
Island.
From the decision of the Commissioner
an appeal was taken to the Secretary OF
the Interior and in a decision rendered
July II, 1903. the commissioners decision
was sustained Then followed a motion
for review of the Secretary's decision. In
a communication dated October 20. lNS.
the Secretary's decision sustaining the
commissioner of the general land once
was reaffirmed.
Commissioner Fred bennett of the gen.
eral land Office this morning declared the
foregoing and said that in matters of facts
the decision of the land office Is final. II
sustained by the Secretary of the Int
rior. although the courts might be appeal
ed to on matters of law. The applicant
in this case. he said has now no relief
except in the courts on matters of law.
The names of the persons composing
the syndicate which is said to have been
interested in the application have been
withheld by the persons themselves and
their attorneys. The application was made
in the name of ]. M. Spiker. although at
tached to 1t are several affidavits. One
by John Jameson admits he owns two
lots in the disputed territory. but believes
Spiker's contention is correct: one by En-
erson D. Pinney. who swearS the land
asked to be surveyed is due to artificial
accretion:'' and third, by Gustavus Au-
cult, who believes none of the accretion
was made by nature.
The contention of the applicant, Spiker.
is that the bed of Fox river, which has
been treated by Congress as a navigable
stream since 1889, is in the United States.
and that such portion of it as is now
solid land above water is subject to the
Porterfield script for location.
The land office holds that If the stream
were navigable. the title to its bed passed
to the state of Illinois on its admission to
the Union, and If the stream were not
navigable the title to its bed to the center
of the stream is in the owners of the ad-
jacent lands. and in either case the United
States has no title to it. and it is not
public land of the United States subject
to survey and entry.
The original application for survey was
filed by F. NJ. Heaton, local attorney for
the applicant. There was also filed a sup
Elemental brief and argument by James
d. Fox, attorney for the applicant. who
performed the service lin the absence of
former Senator Mason of Illinois"
So far as the general land Office and
the Department of the Interior are con-
cerned the case is closed.