The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-02

Another step has been taken in the
action of the federal government
against the Rio Grande Western rail-
way and contractors. for cutting ties
and using timber which is claimed by
the government. Bench warrants We're
issued yesterday by Judge Marshall,
on informations filed by United States
Attorney WhittemOre. for the arrest of
the general superintendent of the Rio
| Grande Western railway and several
contractors who have cut ties for the
railway.
The warrants are for the arrest of
~ T. Weiby general superintendent of
tire railroad; l.. w. and c. X. South
worth. j. NJ, r. S. and l.. ID. Deal and
j. l.. Mendenhall. They We're not served
yesterday afternoon, for Mr.. Welby
was confined at his residence by sick
ness. and the others named live at
Springville and PaysOn. 1t is likely
that the warrant for Mr.. Welby will be
served today. and Marshal Miller will
proceed to Springville and PaysOn to
serve the others just as soon as the
weather has cleared little. OF course
there is no fear on the part of the fed
eraL authorities that the contractors
against whom the warrants are direct
ed Will disappear, for they are all re-
spOnsible.
District Attorney Whittemore filed
three informatiOns yesterday morning
and asked Judge Marshall for the wsr-
rants. One of them is directed against
4. E. Welbv. e. W. and c. K. South
worth and two others against A. Z.
Welby, j. NJ, r. S. and l.. D. Deal and
]. L. Mendenhall
The Charges.
In the first information it is declared
thar no 1sd did vV-iff1Tffy- and
uniawfully cut and cause and procure
to be cut" timber valued at $3.50 from.
townships II and L south of range 10
east; townships 10. II and u south OF
range II east; from townships TO- IL
and - south of range u east. and from
townships 10, IL and i south of range
13 east of the Salt Lake base line me-
ridian- These lands are located on the
headwaterS of White river, Kyune
creek, Willow creek and Nine-mile
creek, in Wasatch and Carbon coun-
ties.
The second information charges Vel
by ct al. with having cut $10,693 worth
of timber from the same lands and
the third alleges that s.. .656 20 worth Of
timber was cut from townships 20 to
40. inclusive, in range west, and from
the same townships in ranges 3, 4, >.
and I west. on the Sewer river, in Sc
vier ard Piute counties.
Departments Instructions.
This criminal action is due to spe-
cific instruction which District Attor-
ney Whittemore has received from the
attorney general at Washington Civil
suits had already been instituted
against the defendants, the complaints
having been filed last week. In them
the government sued for possession Of
the timber and ties cut, or their pres
ent value. One suit was against
Southworth Bros. for 4.231 ties, valued
at SS.S23 05; another against the Rio
Grande Western Railway company for
70. .11S ties. - 900 feet of square timber
and $50 pieces of piling, all valued at
S26,a71 .0S; a third against the Rio
Grande Western, A. +. Welby. Deal
Bros. g. Mendenhall for the recov-
cry of a6, ,562 ties, valued at 81 ,313 66, and
a fourth against the railway company.
SOuthworth Bros. a. r. Welby and
W. w. Southworth for $4,000 feet OF
squared timber, worth Sc, 400. The total
value is S4O,S72.79.
New Policy Inaugurated-
The general land office at Washing
ton is not content with the civil suits
that have been filed, but it requested
the attorney general to have criminal
actions begun.
This is in line with a new policy to
be established by the general land Of
fce.' said District Attorney White
more yesterday. There have been i'm
mense quantities of timber taken from
government lands, and il is determined
to end the depredations at once Tim
Der is becoming very scarce, so that
vigorous policy is to be followed If the
remaining timber is not TO be con-
sumed.'
Mr. Whittemore would not say that
actions against other parties believed
to have unlawfully taken government
timber would be commenced, but it is
understood that such is the policy OF
the general land office. Special Agent
Stidger has made Investigations and 1T
was his information on which these
warrants We're issued.
The penalty in these cases is rather
severe so that vigorous contest is ex-
pected when they come before United
States commissioners for preliminary
hearing. 1t is fine and Imprisonment.
The fine is three times the value o.
the timber and the imprisonment is for
twelve months