The Savannah morning news., 1902-10-23
SUITS FOR $4,000
FILED AGAINST NAVAL STORES
COMPANIES BY GOVERNMENT.
THREE SAVANNAH FIRMS
CHARGED WITH BUYING PRODUCE
OF GOVERNMENT LANDS IN
FLORIDA.

Southern Naval stores Co.-Sults.
Eight in Number. Filed in L. :.
Circuit Court by Vim. h. Leakin.
Assistant United states District
Attorney-First of the Kind Ever
Filed in This State-Will Bring
ID whole Question of Rights OF
HOmesteaders OF GoVernme mt
Lands.
Three leading naval stores firms of
Savannah were yesterday made defend
ants in suits in trover. filed by the Uni
ted States government and aggresating
S34. 500. The firms are the Ellis Young
Co, Peacock-Hunt & West Co. and The
Southern Naval Stores Co. The suits,
of which there are eight, Were filed in
the United States Circuit Court by
VIM. r. Leaken. assistant United
States district attorney.
Besides the large amount involved
the suits are interesting from the fact
that they are the first of their kind
ever filed in Georgia and are likely
when they are tried, to bring out all
the law governing homesteaders. The
suits are based on the facts that en-
trymen, or men who have taken out
homestead rights to government lands
in Florida have worked the pine trees
on those lands for naval stores and
sold the product to the Savannah fac
tors.
The Amounts Sued for.
OF the eight suits filed four are
against the Peacock Hunt & West Co.
The largest of these. and in fact. the
largest of the lot is for $4,000 for 593
barrels of turpentine, and 2,O6S barrels
of rosin taken from one section of pub
lie lands. The second, for $780, is for
the product OF 1888 pine trees in Clay
county: the third is for SO barrels of
turpentine, and 30S barrels of rosin,
taken from trees in Clay county and
valued at $4,000 while the fourth is
for SO barrels Of turpentine and "a of
rosin, taken from trees in Hamilton
county and valued at $4,000.
The second largest suits are against
the Ellis Young Company One of these
is for 1879 barrels of turpentine, and 4S3
barrels of rosin taken from Lafayette
county, and valued at $4,000: the sec
ond is for 151 barrels of turpentine, and
532 of rosin. taken from trees in the
same county and valued at $4,000, and
the third, for AZ barrels of turpentine
and 203 of rosin, taken from trees in
Hamilton county and valued at $1,000.
The one suit against the Southern
Naval Stores Company is for 81. 000
the alleged value of 40 barrels of tur-
pentine and rs of rosin, taken from
trees in Putnam county. Notices of
the suits were served by Deputy Mar
shall F. B. Pearce. The suits are
made returnable to the Circuit Court,
T,o trio ,4NI
Judge Emory Speer or Judge Pardee.
Timber for the Navy.
A correct understanding of the cases
can only be gathered by going back in
history, to 1917. In that year the ma
tional government set aside in Florida
certain tracts of wood, pine, live oak,
cedar and other trees, to be used for
building ships for the navy. These
lands were protected by stringent laws
enacted in 1881. and from time to time
to the present day.
The time of wooden vessels for naval
purposes having passed, however. the
lands, with other government lands in
this and other parts of the country
were thrown open to homesteaders, and
any one by filing entry papers, paying
certain fees and agreeing to certain
conditions, could secure 100 acres to be
cultivated as fast as cleared, and on
hlilNn " lOQll0 a lOIIlO
The homesteader, however, under the
laws of the United States, does not OBJ
tain full title to the property until he
has lived on the claim for five years,
and there are other important condi-
tions attached to his occupancy of the
land. In the suits filed the entrymen
have not fulfilled these conditions, but
are charged with having sold the tur-
pentine and rosin privileges to the par
ties sued in this state, and then aban-
doned the homestead. In some cases
no entry, it is claimed, was made.
Five Seasons Crops.
The product of the trees, for which
the suits are fled was gathered, it is
claimed during the seasons of 1897 1899
and 1900. These suits are but few of
the claims of a similar kind, now held
by the government against other par
ties as we'll as those named.
Mr.. Leaken said that up to the time
these suits were brought the usual pro-
cedure of the government had been to
sue the original trespasser. and the
purchaser of the product in the district
in which the land from which the pro-
duct of the trees is taken, is situated.
The usual result was a Judgment in
favor of the government against the
original trespasser, but such Judgments
could not be collected because of the
nonadic and irresponsible condition of
the trespassers.
The question was raised also as to
the right of the government to sue in
Florida the parties to whom the pro-
duct was sold. when they are residents
of Georgia. 1t was because of this
question that the suits have been
brought in Georgia though in Mr..
Leaken's opinion, the procedure being
one of trover. the suits can be properly
brought in either Georgia or Florida.
Are Test Cases.
The suits, Mr.. Leaken further stated
are in the nature of test cases, and un-
der the instructions of the Department
of Justice have been brought. except
in a single case, against the purchasers
of the product before being brought
against the original trespassers. There
are many other similar claims, many
of which have been settled or are now
in the process of settlement.
1t is expected that the answers which
probably will be filed shortly. will
make the pending litigation the more
interesting, especially from a lega
standpoint. Similar suits were filed be-
fore against some of the Savannah
firms, but were brought in Florida, anc
the factors escaped any penalty by
claiming non-residence. This is the
reason for bringing the proceedings in
this state.
No wine has a finer bouquet thar
Cooks Imperial Extra Dry Cham
n9gnG IF iS tho mira itIipa of H. 20 ~.