Evening star., 1924-03-21
Vigorous Action Upheld.
Democratic Attorney General
Favored Force to Clear Land.
To the Editor Of Tho Star;


In the press reports Of proceedings
before the oil Investigation commit
tee it appears that a letter Of
President Harding was put into the
record, in which he said that unless
trespasser upon the Teapot Dome
naval reserve withdrew "he should be
elected" The report further shows,
from the testimony Of Gen. Lejeune
and Assistant Secretary Roosevelt,
that thereupon Mr.. Roosevelt, as act
ing secretary of the navy, issued the
necessary orders to the marines ito
protect the naval reserve" from
which oil was about to be removed
without regard to the right of the
United States therein.
This use Of the marin es-as to which
Mr. Roossvent testified, There was
nothing in my mind but to protect the
Senator Walsh as an Outrageous use
Of tho military forces" How he
would have characterized failure of
exs the admi1isttatien in es to prevent the re-
reservation does not appear. -.
But as to the use Of the military
1orces Tor the protection of reServa-
tions set apart for the purpose Of
turn to the opinion Of a distinguish
ed democratic Attorney General OF
the United States. The question be-
fore him involved merely the laying
purtenant". to Fort Porter, and not
to the removal of anything of value
to the United States. But Attorney
General Black could not understand
how or when the United States "be-
came humble enough to forego the
NJ -
The opinion, found at page log,
volume 9, of the Opinions Of the At
torney General. is SO brief, so much
TO the point. and such good reading.
ought to interest laymen as well
as lawyers, or even senator's, in these
hysterica1 days Of political pot
boiling. DUANE E. FOX.
Copy Of Letter.
Attorney Generals Once,
September ., 1857.
Blunt. from which it appears that q raifway
COMPANY, Incorporated in Canada, bat with
an Ta,s extension ms. Of its Charter granted b. New
Niagara river, with the intention of making
railway track ov.r the land Of the. United
st1sss @ appurtenant to Fort Porter:
Injunction or otherwise" am requested to
give my advice On the case,
IL was L2e ptaeticS OF the fedef3l GoT.
eminent in early times to vindieate her right
to the possession Of the public property in
q very short way. She trfned out and kept
ont all lauieD tntfuders, without stopping to
ask leave Of the courts. do not know at
what precise period she became humble
enough to foreEo the privilege Of self-defense
or when she began to prefer the shelter Of
an Injunction to the protection Of her own
right hand.
In theory. she still denies her liability to
be sued. but in practice that theory comes
m or fjn,x ~,
IL impudent enough to invade her property
can compel her to abandon it. and get the
decree of q court before she can retake it.
II that be the rule, her immunity from Law
suits amounts to this: That she will not
allow, herself to be sued BY an honest perDon
who has just claim and seekS to enforce II
in q legal way, bpt she will let any tres
passer deprive her Of her rights and drive
her into court TO regain them.
which has crossed over from CANADA, and
threatens to take possession Of land OF the
United States. II they can take q part OF
that property, they can take It all, or any
other military station. diHmantle the fort,
turn ont the garrison and tear down the
house where the commander has his Qua r.
ters. The threat IL. that they will thrsst
themselyes On the public property By. a naied.
downright and palp.ble wrong. with nothinr
to avouch the deed but their own mere viIi'
It is not my opinion that any injunctien 10
needed to prevent such an outraEe. A fev
words Of instruction to the ofBceu Of the
Army at Fort Porter. or near it, viii BE-
I am. 7e1y- truly, youn, ste;;..7.,. =.
Hon. John B. Floyd. Secretary q (. W.1. nlAoA