St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-08-17
IT WOULD NOT WORK.
The Acting Secretary of the Interior
Denies the John Martin Lumber
Company's Claims.
An Attempt to Secure Large Tract of
Valuable Timber Land Frus-
trated
The Filings Cancelled On the Grounds
That the Claimants Were
Dummies,
And That They Were Simply the
Hired Employees of Cor
poration.
A Finishing whack.

Special to the Globe.
WASHINGTON, Aug. 16.-To-day act
ing secretary of the interior, Col. Muldrow,
took finishing whack at the timber case
of the John Martin Lumber company.
The claims involved cover certain lands in
the Duluth land district, in which filings
have been made in the names of the fol-
lowing persons: Gaspard Desuit, James
Clark, Charles Kearney, Charles Gagnon,
John Lawrence, James P. Hanly, Pasquet
Levique, Eugene G. Osborne and
Felipp Gagnon. Of these filings, five,
it appears. were made March 4,
1884, three March 10, 1884, and one
March Is, 1854. Settlement was alleged at
different dates, ranging between May 6,
1888, and Jan.4, 1884, inclusive. Pursuant
to published notices, the claimants on June
81, 1884, all appeared at the Duluth office
to offer proof and
MAKE CASH ENTRY
of the lands. Special Agent Eaton cross
examined the claimants and their witnesses,
with view to protecting the interests of
the government and preventing the allow
ance of fraudulent entries. After
several continuanceS. the pre-emp-
ton proofs offered, together with all
evidence adduced were forwarded by the
register and receiver to the general land
office with their report of the case. The
commissioner, On motion Special Agent
Eaton, directed further hearing. At the
rehearing the nine pre- emption claimants
appeared and testified that they did not
make the filing for their own benefits, but
were hired to make them by G. E. Brown,
VINO, it seems, is a member of the John
Martin Lumber company. The register
and receiver transmitted the record of the
rehearing to Washington recommending
that final proofs be accepted and that cash
certificates be issued in all the cases.
COMMISSIONER SPARKS DECIDED
that the claimants went into the region
where the lands are situated at the instance
of members or agents of the John Martin
Lumber company, that their settlement and
improvements such as they were, together
with the presumption filings, were made in
the interest of the company, it furnishing
the necessary means and paying the claim
ants to file their claims and make show of
compliance with the presumption law. and
that the object was speculation and to ena
BILE the company to acquire and profit by
the valuable growth of pine timber which
the lands contain, and the commissioner
decided the filings were fraudu-
lent and cancelled them. Ten
other cases made under the same
circumstances Secretary Lamar has already
cancelled. Proofs were offered in the en-
| tire nineteen cases on the same day, the
claimants testifying for each other, and it
is charged that all the claims were made in
| the interest of the John Martin Lumber
company. Representatives of the firm ask
for certiOrari i'll behalf of the mortgages of
the pre- emption claimants. 1t is claimed
in behalf of the applicants for certiication
in nine cases to which this decision relates,
that the applicants advanced to said pre-
emption claimants, supplies, etc, taking
| mortgages to secure such advances. They
say that such mortgages were taken after
the claimants had severally offered final
proof and rendered purchase money, and
that consequently the mortgages should be
| protected by the allowance of entries.
SECRETARY MULDRow SAYS:
| But Que course was open to your Office, and
| that was to cancel the filings. If it is the
| duty of the land department to cancel the
| filings upon proof of fraud or of want of
| compliance with the law, that duty becomes
all the palmer when the claimant admits bad
| faith, thus removing any possible element Of
doubt, and as in most of these cases, valves
all further claim by filing REIMBURSEMENT.
| The plea that proofs should be accepted and
! entries allowed in these cases. notwithstand-
! ing the admitted bad faith of the claimants,
| in order that the interests of certain third
| parties with whom the government has moth
| ing to do, and whom it does not know in these
| transactions, may be protected from the re-
| suits Of the bad faith of said claimants with
| them, is without force, and in view of what
! has been said, cannot be cancelled. The
| application for certiorari is denied and trans
mitted herewith for the files in your office.
Very respectfully, H. l.. MULDROW,
Acting Secretary.