The Topeka state journal., 1903-12-11
CATTLE BARONS HELD
On Charge Of Illegal Fencing of
Public Lands.

Omaha, Neb., Dec 1.-THE United
States grand jury which has been in
vestigating postoffice bribery cases and
the alleged Illegal fencing of govern
ment lands in western Nebraska today
made partial report to the court, re-
turning twenty-five indictments. One
is against former State Senator Elliott
Lowe, charged with bribery in connec-
ton with the appointment of postmaster
at Alma, Neb.; ten are against ranch
men, charged with Illegal fencing, and
the others were Indian cases, mostly of
a minor character. Those against
ranchmen include true bills against
Bartlett Richards, president of the Ne
braska Land & Feeding company; w.
G. Comstock, vice president of the same
company, and Secretary Charles c.
Jameson, all of Ellsworth, Neb., and
former State Senator Frank M. Currie,
a large individual cattle owner of
Broken Bow, Neb. The other seven in
dictments are against extensive ranch
men of Cherry and Custer counties
The foreman of the grand jury stated
to the court that it would later have
supplementary report, and it is stated
this addition will include several more
indictments of prominent ranchmen,
and also one against a former state Of
fetal who is charged with disposing of
a considerable amount of government
mill supplies without making report
The Indictment against former State
Senator Lowe contained two counts, and
charges conspiracy to violate section
1871 of the revised statutes by conspir-
rich by acting as intermediary in the
payment of $400 in consideration of
which John Billings, who at the time of
the alleged transaction, was postmaster
ornmendation by the senator for reap
pointment. One of the counts charges
the payment of 800 and the other of
$500. The evidence on which Lowe was
indicted is said to have been given by
J. B. Billings, former postmaster at
Alma. It was to the effect that when
he applied to Senator Dietrich for reap
pointment he was told that Senator
Lowe had been given the privilege of
naming the postmaster at Alma and
that a recommendation from Lowe
would receive his (Senator Dietrich'S)
endorsement. Billings further testified,
according to published reports, that he
paid Lowe S400 and later ]. G. Mitchell
was appointed to succeed him Billings
testified that the $40O was returned to
him with the statement that Mitchell
had been recommended because of his
paying a large sum of money.
Each of the ten indictments in the
| land fencing cases contains three
counts, and all are similarly drawn.
They charge, first erecting a fence in
violation of the law pertaining to gov
II,
fences, and third, obstructing passage
across government lands.
The illegal fencing of these lands,
which are located in Cherry, Custer and
other large counties in western Nebras-
| ka was brought to the attention of the
interior department several months
| ago. w. A. Richards, special land COM
missioner for the interior department
and Col. ]. S. Mosby were delegated tC
investigate the matter and as a result
it was left in charge of District At
torney w. S. Summers. John B. De-
| Freeze a special agent was sent to
| the range country to secure evidence
| and is said to have worked up 132 cases
of instances where government land
| had been fenced. About 700 ranchmer
were said to have fenced in about g.
900 of acres. Among the largest OF
these tracts was that of the Nebraska
Land and Feeding company of which
Bartlett Richards was president Ills
range extends over more than 200, ,0O(
acres and is about 100 miles long. Rich
ards is said to be the largest individual
cattle breeder and woner in the world
and is rated as man of immense
| wealth. During the summer he has re-
| sided in his ranch near Ellsworth, Neb.
and in the winter at Santa Barbara
Cal, where he is now living.
At the United States marshals office
it was stated that a capias would be
/ issued for Richards and sent to the
1
NJ Currie who was also indicted fol
| alleged illegal fencing, is an extensive
ranch man of Custer county. He rep
resented his county as state senator
in the legislature in 1912 and was 9
candidate for United States senator tt
succeed Senator Allen. The land fenc-
ing cases have excited intense interesi
because of the large number of wealthy
and influential ranchmen concerned
and because of charges, some of which
have been filed in Washington thai
certain public officials were in collusioT
| with the ranchmen to prevent an in
dictment. Col. Mosby's visit to the
range country was the occasion OF
| much coraInent, and it was he who frs
gave peremptory orders for the remove
of the fences. In a number of instances
his instructions were obeyed and fence:
| torn down, but in the majority of case
they were ignored, and many ranchmel
are said to have threatened to main
tain by force if necessary what the.
considered their rights.
The grand jury will continue its worl
tomorrow at which time it will hea
witnesses in a number of other fencing
cases. These latter include that of tn
Standard Cattle company, which is al
Ileged to have placed men on govern
ment land as hornesteadeTs to prove a
on the land and later turn it over t
the company.