Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-05-12
WHAT HITCHCOCK SAYS
Secretary Hitchcock's Decision in Fort
Stevenson Case Received by
s1 Local Land Office. &
Allegations Of the Complainants Against
the Sale Of Reserve Cannot be
Sustained.

Secretary's Opinion of the Merits Of the
Case as Shown by the Evidence
Given.
The officials of the local land office
have received the complete decision of
Secretary e. A. Hitchcock ON the Fort
Stevenson land sale matter. The de-
cision covers about fifteen pages and
goes into all the facts set forth in the
evidence. The findings of the secre-
tary are as follows:
There is no evidence whatever that
Black or any of his associates made
any arrangement whereby Crowell
was to have amy interest in the lands
purchased, and it is clear from the evi-
dence that his only employment in
connection with the sale was for the
purpose Of assisting Black and his as
sociates in inspecting the lands and in
intelligently bidding thereon at the
sale. AS a promoter he may have
hoped to secure the application of the
lands to the establishment of beet
sugar enterprise, and if. he took a
greater interest in the success of Black
and his associates at the sale than his
employment by them would seem ito
require OF suggest, It may possibly be
attributed to- his belief that there
would be little or no hope for the es-
tablishment of the beet-sugar enter
prise contemplated by him if the
lands, or any considerable portion Of
them We're purchased by either bidders.
After the sale was over, as before
stated, Black paid Hallum, johnson
and Eggen 500 each. Black frankly
admits having paid this money, but
in explanation, says, that he was
prompted to do 50 by Crowell and by
Mr.. McGillivray, one of the local Off
GERS, the former representing to him
that Hallum, Johnson and Eggen felt
disappointed that they were unable to
procure any of the lands at the sale,
and suggested that it would make
him i'm (Black) friends in the community
if he would pay the expenses OF the,
three; that McGillivray told him that
johnson was an influential man in the
state, and that it would be good policy
and create better feeling toward him
CBlack) if he would buy them the
amount suggested by Crowell. CroweN
says that after the sale he told Black
that it would be well for him to- have
friends in the country; that Hallun,
johnson and Eggen felt sore, and
wanted their expenses paid; and that
he advised Black to pay them. Nc.
Gillivray says that about 10 o'clock of
the night of the sale, Black asked his
advice about paying the expenses of
Hallum E or Johnson, or both of them,
Black saying that he did not think he
ought to pay them anything; that he
tMcGillivray) replied: sfMr. Black,
YOU have made a good investment
here, and put In a good deal of money,
and il you feel like paying their ex-
penses it would be all right to do so.
Well, he replied, If you think SO, 1
will do So replied that believed
it would be a good thing to do. (.
Blacks action in paying Hallu1m;
johnson and Eggen the money which
5Halllidn and Johnson say was prom
ised them by Crowell as part consider
alton for their refraining from bidding
IN compe tition with Black, tends to
support the charge that the latter was
q party to CrowelFs agreement, but
in view OF the explanation made by
Black. supported, as it is, by the testi-
tnony Of CroWell and A1cGillivray, it
cannot be said that the most or only
reasonable way of accounting for
Blacks action in paying the money is
ON the theory that Crowell had, with
Blacks knowledge OF authority, made
the fraudulent arrangement alleged
by Haliun and johnson.
81 = r.
The Evidence Enthusiastically prepon-
9derates against the claim that any
agreement to stife competition i'd the
bidding of the sale was made by
CroWell with Secor and leaves in doubt
and uncertainty the claim that such
an agreement was made by Crowell
and Hallum and his associates
To render the purchasers respons-
ible for any such action by Crowell, It
1ls necessary to show that he had an-
thority, express Of implied, from one
on more Of them to make the promise
testified TO, On that one or more Of
them, prior TO the sale of the tracts
desired by secor IIall,an, johnson
and Eggen, consented to, oas had