The Washington times., 1901-08-01

Him on Behalf of the Government
Filed in the United States Circuit
Court for the District of Montana.
Senator William A Clark of Montana
has filed in the Circuit Court Of the Unit
ed States for the district of Montana his
answer to the suit recently brought
against him upon behalf of the Govern
ment to set aside certain patents to tim
Der and other lands issued to a number
of entrymen and which subsequently
came to be acquired by Mr.. Clark through
purchase. The land in question embraces
1920 acres in Missoula and Powell Coup-
ties and was acquired from the original
entrymen by r. NJ. Cobban, who, In turn
sold it to Senator Clark. and. according
to the statements contained in the an
swer. the price paid was $4,000. The ac-
tion TO recover the lands from the pres
ent owner was filed not long ago in
Butte, and the papers in the case bear
the signature of P. c. Knox, as Attorney
General for the Government. 1t is charg-
ed by friends of Senator Clar'. that the
suit is in the nature of a political perse-
cution.
Senator Clark's answer is made under
oath. and although il is asserted that
Il
the complaint which the defendant might
take advantage of by filing a demurrer,
he has not seen fit to take this course.
but has gone to the root of the matter,
setting forth his side of the case and
making sweeping denials of the allega-
tions contained in the petition filed by the
Government
In his reply TO the Government Senator
Clark admits the ownership of certain
lands enumerated in the bill. but declares
that he is not the owner and never has held
title to the property mentioned in Choteau
County. AS to the lands to which he
comedies title in himself, he admits that
the same were sold to citizens of the
United States, or such as had declared
their intention of becoming citizens in
portions not exceeding 16O acres at the
minimum price of 81. per acre. This he
AYERS was done under the act of Congress
providing for the sale of timber lands in
the States of California. Oregon, Nevada.
and the Territory of Washington. ap
proved June s, 1875 and further act
amendatory thereto authorizing the entry
of lands chiefly valuable for building
stone under the placer mining law. He
admits the conditions precedent 20 such
purchase, including the terms that the
applicant did not apply to purchase on
speculation, but in good faith. to appro-
pirate it to his own use and benefit. and
that he had not directly or indirectly made
any agreement or contract with any per-
son or persons whatever by which the
title he might acquire from the United
States should inure in whole or in part
to the benefit Of any person except him
self.
Continuing in his answer Senator
Clark denies that Cobban ever acted or
claimed to act for the defendant in the
business of procuring title to or posses
sion of the lands in question and he
denies any agreement or contract between
Cobban and himself for such purpose. He
denies that in obtaining title TO the lands
or any portion of the tracts mentioned in
the bill of complaint there ever were pre-
sented any false or fraudulent proofs, or
that the same were reduced to writing or
sworn to or subscribed by any party or
parties who should or did enter land He
denies that any fraud was at any time
perpetrated or pracuced by any person
mentioned in the complaint to the knowl-
edge of the defendant He declares that
he has no knowledge as to whether or
not Cobban ever associated himself with
one John B. Catlin, as alleged in the
complaint
As to whether R NJ. Cobban. John B.
Catlin, and c. L. Griswold, as charged in
the bill. either by or through themselves
or otherwise examined land or procured
the same to be examined or whether
or any persons, either for hire or other
wise, to enter land urder said or any
acts, or whether said parties paid the ex-
penses of any person or persons, or any
witness or witnesses. or whether they or
either Of them paid the price required to
be paid at the proper land Office of the
United States. defendant has not sufficient
knowledge upon which to base a belief,
and therefore denies the same.
Continuing, Senator Clark denies that
the several entrymen or entrywomen who
made entries of the land as stated in
the complaint were paid compensa-
trywomen's expenses, land office fees or
the price required by such acts of Con-
gress, either directly or indirectly. by r.
NJ. Cobban. and alleges the facts to be
that Cobban purchased the lands in the
usual course of business. and that there
after Cobban had presented to the de-
fennant an abstract of title duly certified
which had been presented to defendants
counsel and had been fayors4 bly, reported
on. and only then did defendant purchase
or agree to purchase the lands or any part
or parcel Of them.
n snpnclusion the answer says: Fur
ther answering the complaint herein filed.
defendant denies that he knew in a gen
eral way or in any other way that the
land entries mentioned in said complaint
We're made in any other than the usual
legitimate and lawful manner of such en-
tries. and denies that he at any time
knew or even suspected that all or any Of
such land entries had not been made in
legal, lawful. and legitimate manner. De-
nics upon Information and belief that said
land or any of the said lands have or had
been entered in violation of any law of
Congress. or that said several parties
or any OF them have or ever did enter
said or any lands or any parts thereof
for hire or upon speculation or for the
purpose of enabling defendant to procure
title thereto by evasion, and denies that
any act or thing done in or about the
premises has been done in violation of the
laws of Congress. Denies generally and
specifically each and every charge and
allegation in this complaint contained
wherein he, the said defendant. is charged
with either the knowledge of or the com
mission of any act of fraud, GOWN or eva
sion. or OF any violation of any law OF
the Congress of the United States.
Senator Clark asks the court to dismiss
the bill.
CAPTAIN STREET WELCOMED.