Omaha daily bee., 1905-11-17
Result is DisOCuragipg to the Interior
Department.
GOVERNMENT IAKEN BY sURPhIsL
Attorneys AStsnisksd by Sudden Change
Of Frsnt BY Defense.
FIeHI wILL Be CONTINUEO FURTaER
Secretary says senteRce VIII Have
Little Eject in Detdsrins Fencers
Operating on a Smaller
Scale.
(From a stan correspondent) }

From stan correspondent)
WASHINGTON. Nov. is-(speciai Teie-
ram.)-'what is moral turpitude'' is a
question Mr.. Hitchcock, secretary OF the
interior, would have answered by the judge
who passed sentence upon Bartlett Rich
ards and w. q. Comstock at Omaha the
other day. The secretary has called the
attention of Attorney General Knox to the
case. and at his request Mr.. Knox has
wired TO District Attorney Baxter for a
full record Of the case and tho proceedings
in court. together with the courts opinion.
Judge Munger is quoted as having said
in passing sentence upon the two men,
who pleaded guilty to Illegally fencing 2l3.-
900 acres of public lands for ranch and
cattle purposes In Sheridan county. Ne
braska; There is no moral turpitude
connected with the offense with which the
defendants are charged. the offense being
merely statutory one"
This was not at all satisfactory to Sec
retary Hitchcock who has been success
fully prosecuting the land grabbers and
/ grafters of the west for several months
past
81 have had inspectors IN the field maxi
! ing investigations at great deal OF ex-
pense" said Secretary Hitchcock. which
! resulted in the indictment last fall OF
! Richards and Comstock, chief offenders
| Now they plead guilty and receive fine
of $500 each and are sentenced to spend
six hours in the custody OF the United
States marshal These people with whom
we have had so much trouble have agreed
TO propositions made to them. and no
sooner were our backs turned than they
went and replaced the fences which they
had torn down. or IL they agreed to tear
down fences. have failed to do so after
agreeing to do t.
r. S. Hall Of Omaha. attorney for Rich
ards and Comstock. Is quoted as having
said in entering plea OF guilty for his
clients; ''It is our intention to comply
with the law. We are removing the fences
| as rapidly as we can. but such as may re-
main we have nothing at all to do with.
Wherever the government shows as that
we have an unlawful fence we viii re-
move it,
+ United states Distnet Attorney- Bsxter
is quoted having said: IT believe the
defendants will do all they have said they
will do They appear to he acting in good
faith. II there is any further dispute as
to any particular fence that will be a
matter for further action"
Mr.. Hitchcock would not say what fur
ther action he would take. but the infer
ence is that he will take some kind of
action after receiving the full report.
you can say" said the secretary I'm
discussing the verdict that I am sur
prsed and indignant. The punishment Is
utterly inadequate. The indictment was
the result of four years of determined ef-
fort and the expenditure OF thousands OF
dollars by the government. We had Sc
lected the large operators in the hope that
! the result would be a warning to those en-
gagged on a smaller scale. That the case
was q strong one is evident by the fact
, that the men pleaded guilty. The result
is dscouraging, but we shall not cease our
I efforts. They have promised TO tear down
their fences and II they, do not keep the
promise they will be indicted again and
, again until they learn that laws are made
to be obeyed. We will not let up"
! United States District Attorney Baxter
q said Thursday afternoon in reference to
t the foregoing:
e I'VE were completely surprised at the
change Of front in the Richards and Com
stock cases. We had, however. made every
/ preparation for a hard and bitter night
against them and we were fortified at
Z every point. not alone regarding the illegal
fencing, of which we had made extensive
and careful surveys recently, but OF the
Illegal filings within the enclosures. We
had been led 10 believe we would have a
}. very hard night on our hands. Further
= than this It would be imprudent for me to
u say anything
n Judge Munger. who imposed the penalty
said:
2 THE main purpose of the government
d is to have the illegal fences removed You
e will remember that before sentence was
Il passed upon Mr.. Richards and Mr. Com
= stock, that their attorney, Mr.. Hall. stated
d TO the court they were now taking down
Il their fences as rapidly they could. Fur.
II ther, they intended to remove every un.
ie lawful fence. Where there should happer
" TO be a question about a section or piece
r of fence, that this by agreement OF par.
ties would be settled in a civil court
Nothing was shown In the indictments
4 against these men that they were guilty
Of any immoral or criminal act, but merely
y were charged with statutory offense
The United States attorney said he under
stood the accused parties were taking dOwI
their fences and believed they would d'
exactly as they said they would DO. Thes'
u fences should have been taken down lonI
" ago But they had been permitted to re
o. main without interference for many years
nt until the parties fencing the lands gradual!
III drifted into the idea that they had lieens
ne 10 the lands. The end of the governmen
'o Is attained by the removal OF the fonce
10 and this has and is being accomplished
he where there is any disposition shown L
ignore the government requirement tn
parties will be prosecuted and punished &C
Is cordibgly.'