Evening star., 1928-08-04
BAKER WINS FIGHT
FOR ISLAND LEASE
Litigation Against Retired
Navy Man Over Porto Rico
Tract Lasted 8 Years.
BY WILLIAM ]. WHEATLEY.

Running the gauntlet of three Federal
courts. one of them the District of Co.
lumbia Supreme Court with three Gov
ernment departments and innumerable
officials working against him. Lieut..
Comdr Virgil Baker, u. S. Navy, re-
tired. now a resident of Porto Rico. has
come out victorious against charges of
almost every kind of fraud over a Pc
riod of nine years.
He stands today holding his home on
Government ground in Porto Rico. by
virtue Of a 999-year lease, which has
been approved by Congress, as a result
of decision just handed down by the
United States Circuit Court of Ap-
peals for The First Circuit, at Boston,
a copy of which reached the offices of
his attorneys here, Palmer, Davis g.
West, today
On the side of Comdr Baker was
the Navy Department, which the op-
ponents charged was defrauded by
Baker as result of alleged misrepre-
sentationS. and that department sup
ported him throughout his long fight
The opinion. by Justice Hale of the Cir
cult Court. indicates what the attor-
neys for the naval officer contend--that
il was personal fight to secure home
on the land which Comdr Baker occu-
pied In the island possession. The opin-
ion says, in part:
Had Full knowledge"
We have seen that in matters re-
lating to the execution of the lease the
Navy Department had full knowledge of
the material facts in the premises.
We have examined with care the
questions brought before us by the bill
OF complaint We are of the opinion
that the complainant has not shown by
the preponderance Of evidence that the
lease in question was obtained by fraud.
On the other hand. the testimony clear
ly shows that the Government, through
its Navy Department, was fully inform
ed of the material matters involved in
the act of Congress authorizing the
lease and in the making of the lease
itself"
Comdr. Baker was a resident of
Porto Rico He was recalled to active
duty during the war and placed in
charge of naval activities on the
island. where, the Navy Department
said, he performed very valuable Serv-
ices for the Government. Before re-
tiring he was detailed TO obtain cer-
tain land which the Navy wanted for
a distant control radio station site. and
he made an agreement with officials
of the Lola Sugar Co for such land,
at a cost of 5000, with a stipulation
that the Government should be re-
sponsibie for any damages. However,
the Government could not assume this
obligation and. as benefit TO the
Government. Comdr. Baker undertook
to assume them personally, on condi-
ton that the Navy Department lease
him about nine acres OF the San
Geronimo reservation. Baker also
agreed 20 erect certain quarters which
he would occupy. with his family, the
same to be turned over to the Gov
ernment in time OF war or other
emergency.
The tract had on it an old house.
unfit. then for habitation, which had
been occupied by a former district judge.
A special act Of Congress, after detailed
investigation. was passed giving the au-
thority for the lease. Baker then was
given lease Of 800 years.
Fought Lease.
There then came TO the island Ira
Wells as United States district attor-
ney. He sought TO have the Navy De-
partment take some action TO vacate the
/ lease, according TO Bakers attorneys
| but the department advised against any
action. Later Wells became Assistant
/ Attorney General. and again urged the
/ Navy Department TO take steps 10 va
cate the lease. but the Navy Depart
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