New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-28
LAND LAW FRAUDS.
arrest of John 4. Benson of Especial
ImpOrtance-His Career.
TBRoM THE TRIBUNE punnAU.l


Washington. Dec T.-The arrest Of John A Ben
son. wealthy real estate operator OF San Fran
cisco. in this city few days ago by order of
Secretary Hitchcock. Is the first tho part
Of the Interior Department to bring to justice per-
sons who have been violating the public land laws
Of the United States on a grand scale
Secretary Hitchcock. hearing reports from the
West and South OF scandalous operations under the
sections providing for stone and timber entries
ordered his agents to conduct rigid examinations
Their reports show that amazing frauds have been
committed in the Western and Northwestern States
as well as in Louisiana and Mississippi, where
bribery has been attempted or accomplished 1t
was not the intention Of the Interior Department
to act quickly in ordering arrest of Benson for
his case is old and notorious one involving
many counts. but when he to Washington
and 1t is alleged bribed former chief of division
of the Land Office and attempted to bride others
Secretary Hitchcock decided take him while he
could get him, remembering that on a previous
occasion Benson fed to Europe when he was
wanted. AT the department. it was stated yester-
day that the other cases ready for prose-
cution, but within few weeks important develop
| ments, coupled with the arrest of persons who
would leave the United States were their names to
be published at this time. may be expected
The career of John A Benson has been an inter
esting one According the official reports in the
General Land Office, he and several associates
stand charged with fraud, perjury and public rob-
berry OF gigantic proportions, covering a period
from 1878 to 1885. But public officials either were
in collision with the conspirators or winked at
the facts presented by special agents sent to Cali
fornia to conduct Investigations, punishment was
not mcted out to the accused.
John A. Benson was first school teacher after
his arrival in California. He soon gave this pun
suit TO enter the service of the government as
a deputy surveyor. This Office he held until May
%. 1872 when he rendered MS resignation to Sur
veyor General Wagner ne stated, on account
of his wish to engage in business which in some
respects might be incompatible with his duties
as deputy surveyor" The character of his bust
nesssis best illustrated by the reports of three
United States Grand Juries which investigated his
operations in the six years following his resigna-
ton. and returned seventystx indictments against
him. his associates and employees for violations
of the federal law. Benson himself was indicted
no less than twenty-four times
The records OF the Land Office show that prior
to Benson's resignation he and his associates had
secured surveying contracts to the amount of
$1,000 from Surveyor General Wagner. but after
his resignation his disappeared from the rolls
contracting deputy. and thereafter he en-
ployed men to make surveys. These men he had
appointed deputy surveyors and took contracts in
their names, generally without the knowledge OF
the employees. as the signing of blank bonds, con-
tracts. oaths eto. OF which they knew neither the
import nor use. constituted the conditions of such
employment Some Of these paid $50 to
500 q month; with others he divided the proceeds
OF contracts taken In their names; but he con-
trolled. absolutely, the letting of contracts in
California and was recognized boss"
The reports OF the special agents show that
Benson, IN California, nominated the men he
wanted for deputy surveyors and Surveyors GEN
eral Wagner and Brown appointed them; he ar
ranged with different persons to act as sureties
for the deputies, and such bonds Invariably were
signed in blank, to which the men were not re-
quired to make OATH the blanks being filed out by
pliable notary. According 10 law, Benson could
have part interest in any contract not in his
name. The law. however. evaded by the
ntratO with he aid ofic ole
Office.
The evidence IN possession OF the General Land
Office shows that contracts to the amount of
nearly S1,OOOO0O in the State of California alone
were secured by Benson from Surveyors General
Theodore Wagner and W. II. Brown from 1878 to
1855 During that period these officers let survey
ing contracts to the amount OF 81 239, 464 Benson,
therefore. secured from Wagner 70 per cent Of the
contracts let. and from Brown IS per cent But
one OF these contracts. for less than $1,000, was
taken IN his name. The other contracts were
taken in the of in his employ gener-
ally without their knowledge. the proceeds being
collected from the United States Treasury upon
powers OF attorney signed in blank. and never
executed by the parties signing them.
Tho scheme for evading the law by this ring re-
qured:
First-Surveytng contracts surveyors bonds sur
veyors' oaths used IN making proof Of execution OF
surveys and powers of attorney. kept lin stock
to collect from the United States Treasury the
proceeds of its contracts. signed in blank
Second-The appointment of some assistants as
United States Circuit Court commissioners and
notaries public, to sign blank bonds, blank oaths
and blank powers Of attorney without the appear
of the parties For this purpose. Benson ac-
cording to the reports of the special agents KEEP:
in his office the official seals OF such court COM
missoners. which his confidential clerk attached
10 the papers which he desired file in tho Sur
/ Veyor Generals Office.
Third-The complete subsection OF the SURVEYOR
General and his assistants TO the interests OF the
| ring. in appointing Bensons deputy sur
/ veyors and in securing the approval of dummy
contracts
Fourth-The cooperation and assistance OF the
! Surveyor General in concealing from the persons
in whose names such contracts were taken all
! knowledge thereof
Nearly 100000 taken from the Treasury on
fraudulent contracts taken out in the names OF
men who had no knowledge until afterward that
the contracts were I'm existence. as follows:
In the name Of II. Z. Buckley. who did not know
what a compass and who stated his sol
emn oath that he never held contract with the
government never knew that there was any money
drawn in his name" and he Is that he never
/ received one cent of money from the government
] for surveying, $206s2 o.
in the name of Charles Sawyer who. when he
applied In proper person to the Surveyor General
for appointment deputy. informed
that he already had been appointed and numerous
contracts were in his name S7l2i 10
In the name OF John W. Fitzpatrick. who made
Affidavit that he did not enter into that contract