The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-10-30
CLARK AWAITS ACTION
| IN LAND FRAUD CASE
Montana Senator Involved
in Suit Now Pending.
SAME AS PRESENT SCANDAL
Government Employees Alleged to Have
Made False Statements Under
Oath at Solicitation.
SAME AS PRESENT SCANDAL

The revelations daily forthcoming as
10 land frauds I'm the West serve 20 re-
call the noted case. involving large
land transactions Of a fraudulent ma
ture In which Senator w A Clark. OF
Montana is the defendant This case
is one OF the most important in the LTD
cation which the Government has be-
gun against the numerous alleged land
Ind timber transgressors in Montana,
a State which has been particularly
fruitful of such scandals
The suit was begun in equity in the
United States circuit court for the dis
trict Of Montana, in June 1901. A de-
cision may be expected soon. The case
Involves many thousands OF acres OF
land. which the Government has been
deprived OF through the perversion OF
provisions of the timber and stone act.
in the agitation for the repeal OF this
act next winter. there is little doubt
the case will be cited as an illustra-
ton OF the methods employed to distort
the law from the purposes for which
u was intended.
Senator Clark Made Defendant.
1t has never yet been fully shown that
Senator Clark had knawledge OF the
fraudulent nature Of the transactions
out OF which this suit arose How
ever. he was made defendant. In
the bill OF complaint il is set forth
that r. NJ. Cobban. of Missoula.
claimed to be acting for Clark He is
alleged TO have turned over TO Clark
The lands which entrymen and entry
women acquired, not I'm good faith as
actual settlers and as the law contem-
plates, but for the purpose of turning
them over to Cobban
Under the act for the sale of timber
lands of 1873 rae the further act
amendatory thereto OF 1922. entitled
An act to authorize the entry of lands
chiefly valuable for building stone IN
der the placer mining laws" n citizen
OF the United States may purchase a
tract of land of leo acres or less at tho
minimum price of $3.50 per acre. II was
required that the person purchasing
such lands should file a written state
ment in duplicate, verified by oath, that
he did not apply to purchase the land
on speculation. but in good faith for
his own use; also that he had not made
any contract or agreement, directly or
indirectly. with any person or persons.
by which the title he might acquire
from the Government should inure in
whole or in part to the benefit OF any,
one but himself
Some time after January J. 1895 ac-
cording 10 the complaint OF the Gov
eminent, Cobban, declaring to act for
Clark, set about procuring the titles of
numerous quarter sections of land Cob
ban entered into contract with c l.
Griswold. OF Clearwater, May o. 1899.
the Government under the timber and
stone act.
False Statements Under Oath.
The Government alleges this contract
could not have been carried out except
by procuring false and fraudulent
placements in writing under oath and
false and fraudulent proofs. TO be re-
duced TO writing and sworn to and sub
scribed by the parties who should enter
the lands in parcels not exceeding 16C
acres each.
Cobban also associated himself with
John B. Catlin OF Missoula II Is
charged these three. Cobban. Griswold
and CatliD. employed men and women
10 enter lands under the act, paying
their expenses and those of their wit
nesses. and paying the prices and fees
Sequircd 1t the different land Offices. Aft.
er the sworn statements and final proofs
were maze. Cobban took over deeds Il
himself, ard then conveyed the land e
Clark
II is charged that after the necessar ~
entries were recorded. the deeds nd
ether documents were delivered to A.
il Wethey. OF Butte. at the time secre.
tary to Clark
When the suit was begun. il wa,
charged by the Government that CLARK
knew the lands had been entered and
conveyed to Cobban in violation OF the
laws OF Congress. The Government alsc
asked an accounting for any timber u
stone that was cut duarried. or remov-
ed since the fraudulent entries. and AT
an1unction was asked against removins
any OF the timber or stone while thl
Pction was pending.