Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-04-19
When viii tho Land Frauds Be Stop.
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The higgest 81 the land frauds, IN,
Yolyiue The highest public officials in
some Of the western states, and untold
acrcagcs u land would form after all
but a passing nine days wonder with
iho busy populacc were It MOI Tor The
fact that their %mmlfcalions are SO
extensive that as fast az one set %
men Is Indicated the investigations or
the government, bring forth another
brood Of frauds
The government land frauds Of the
west is n question, however, OF far
deeper significance than The mere
matter n The illegal requirement dur.
ing the past few years Of some pub
lie lands or timber by private indlvi-
duals. corporations or government of.
ficials. The question Is. will the pres
ent prosecutions affect the system.
Not one iota. The cases being push
ed are those in which the government
sleuths think there Is a possibility OF
obtaining conviction The great mass
and majority Of equally great frauds
VIII never be heard from outside OF
their immediate localities. The rea-
son for this Is that such frauds have
been legal-frauds committed en-
Iirely within the law.
But how can a land fraud be legal?
An instance: The legislature of Geor.
gia granted some three million acres
Of land to certain sy%ndicates. The
grant became a law, Subsequently II
was discovered that all the members
OF the Legislature who voted for the
grant we're members Of the various
syndicatGs which secured the land.
but The title nevertheless was de.
clared good. This was legalized fraud.
So In the west. The timber and stone
law, the desert land law and the com
mutation clause Of the homestead law,
are In themselves and the regulations
under which they are administered,
fraud laws and while their letter may
be observed their spirit can be violat.
ed and the men who receive govern.
ment patents under them, in the great
majority of cases, have no right in
equity TO the land. 1t is a question
whether taken as a whole five per
cent of the timber and stone entries
are actual bona-fide claims in which
the entryman carries out his part OF
the contract in strict compliance
with the spirit of the timber and stone
act. The desert land act and the com
mutation clause are not so universal
ly fraudulent in their operation but the
vast preponderance Of claims under
them are to a more or less extent
frauds and do not in any full sense
comply with the spirit Of these laws
which requires settlement and homSr
making.
So that ever should The government
be able TO make ont It's cases. and
fine and imprison every man indicted
for land frauds, the great bulk OF
fraudulent land dealings would con
tinne exactly the same. The activi.
ties of the department will simply
make land and timber men careful to
evade the laws and not criminally VIC
late them. The laws themselves must
be revised If honesty is to be sxpect-
ed in land matters.
Cleaning Out The Augean Stables
The present activities OF the sec
Of The interior in cleaning out
Oregon land frauds recalls a lit
lie incident which occurred some
Iwenty years ago when Mayor Henry
If Oakland, California. was indicted
MO office. There has beer much rot.
.enness In the municipal administra-
ion and a spasm of disgust sweeping
'ver the town, Henry was elected on
ticket pledged 10 reform The mem
OF the mayor.elect on questions or
ANTHOLOGY and early history was a
At rusty and Bryant stately tread in
thyself in the
woods where rolls the Ore.
on and hear no sound save his own
Enthusiastically became confus-
d In his mind with n of the great
ibors OF Hercules. for in his inaugur-
i address. after roasting the out
olhs administration TO a turn. he
a new order of things and