Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-12-26

WASHINGTON, December 25.-The in
vestigation new in progress in the General
Land Office in relation to the fraudulent
patent ior valuable iron lands near Duluth
is nearly completed, and the testimony taken
shows either a fraud unparalleled in the
history of the Office or inattention, care
lessness and incompeteRy amounting
almost to criminality. 1t shows beyond
question that the entry of this land was ex-
amined and approved for patent by Doug
las, the clerk in charge of such matters,
while q controversy involving the same
land was pending before the Secretary. snd
while written protest and caveat against
the patent signed by james K. Redding-
ton, representing adverse claimants, was
actually lying before him with the other pa
pers.
Il is further shown that after the entry
had been 50 approved il was, at the request
O. lu.her Harrison, attorney for Hartman
and Mallet, taken out Of It's regular order
and sent to the patenting division Of the
Office, where il was rushed through TO patent
in four days, ahead of thousands of other
cases entitled to patent in regular order, and
ahead of hundreds of such patents actually
written out and ready for signature.
SUSPICIOUS CIRCUMSTANCES.
It further appears that the patent was re-
corded instantly upon its delivery to the
parties interested; and that several convey
ahces were also recorded with evident intent
to put the record title in the hands of ostensi-
bic third parties. During the progress of the
investigation it was shown that Mallett, al
though represented BY two Washington at
tornevs, Harrison and Seymour, has been
here in person almost constantly since last
March, and although his presence at the in
vestigation was demanded by the opposing
attorneys and requested by the Commission
er, his attorneys refused to produce him as a
witness or to allow him to be sworn. He
has himself, as shown by the testimony,
carefully avoided the investigation room.
The defense set up by Mallett and his
attorneys is that they made mistake and
that they were seeking another patent in
stead Of the one in question, and to sustain
this assertion they produce telegram in
which il is claimed there was mistake
IN transmission. But the employe who,
under the direction OF her superior,
handed the case to the patent-writer, tes-
titled that this telegram was not presented
to the Office until long after the case was in
the hands Of the patent-writer, and that the
telegram had nothing to do with the ques-
tionable proceedings. This employe testi-
fed further that the case was advanced
upon 4 list presented bv Harrison upon
which this case was especially noted. Har-
rison produced list purporting to be the
one in question, but upon examination it
showed mutilatiOn, and the employe above
referred to and the Recorder of the General
Land Office both swore that neither in size
nor substance was it the original list pre-
sented to them.
"A GRAVE QUESTION.
The grave question now, aside from the
punishment of an of the offenders within
official reach, is how the title thus fraudu-
lently obtained can be reclaimed by the
Government A patent once signed and
recorded, is beyond executive power or con-
troll, and can only be cancelled by the Gen.
eral Land Office with the consent of the
patentee. After the discovery of the fraud,
and after the commissioner had telegraphed
70 the local Offices not to deliver the
patent it was returned by Hartman and
Mallett. But they refused to con-
sent to its cancellation except upon terms;
and as they put several conveyances on
record subsequent toits return, it is probably
impossible to vacate the fraudulent title
without suit by the United States under di-
rection OF the Attorney General.
This, it is believed, will be one result of
the investigation. What will be done in
other directions remains to be seen. The
exposure OF this scandal has greatly excited
attorneys and others interested in land mat
tiers. If such operations are possible, there
is no security for honest claimants or repu-
table attorneys, and an emphatic demand is
made tor protection in future by thorough
Reorganization of the personnel and change
in the methods Of the Office.