Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-22
LAX PUBLIC OPINION
Gross 0ffenses Against the
Government Coudoned.
STEALING OF TIMBER
UNLAWFUL ENCLOSURE OF MANY
ACRES OF LAND.
Juries Reluctant to Convict and Judges
Lenient in Their
Sentences.
BY WILLIAM e. CURTIS.

BY WILLIAM E. CURTIS.
Written for The Star and the Chicago Record
Herald.
The annual report of the Secretary of the
Interior contains some extraordinary in
formation in regard to frauds committed
against the government In connection with
the public lands. We have read good deal
about them in the newspapers and have
seen an entire congressional delegation
with one exception-convicted and sentenced
to Imprisonment for such crimes. And
any one who is familiar with the develop
| ment of the far west knows that it is not
considered sinful to steal the public domain
or the public timber, or rob the govern
ment or the Indians In that way. 1t Is al
most impossible to convict anybody for
such otfenses in any court west of the Mis-
sissippf river Not only juries but judges
are sympathetic, and when a man gets
caught robbing the government his neigh
bors come to his defense and assistance,
and either acquit him of the indictment or
impose SO light a sentence that it is no
penalty at all and has no effect in prevent
ing Others from committing the same
crimes. There remarkable illustra-
ton of this fact in Nebraska only few
weeks ago. The Secretary of the Interior
alludes to it with italics and double ex-
clamation points In his report to Congress.
He says:
After some years of effort and an ex-
penditure of several thousand dollars, Bart
lett Richards and William g. Comstock,
who, through the Nebraska Land and
Feeding Company, 1t Is alleged, maintained
an unlawful Enclosure of more than quar-
ter of million acres of public land, were
indicted and brought before the courts re-
Gently for trial They pleaded guilty, and
after consideration of the matter the court
imposed fire in each case of $500 and sem
fenced the defendants to the custody of the
marshal for six hours"
Dismissal of the Marshal.
The marshal appointed their attorney a
special deputy to take charge of Them
and, according to reports received at WASH
ington, the six hours were spent in jollifi-
cation over the action of the court. The
President has removed the marshal from
Office for this gross violation of the pro-
prieties, and he deeply regrets that 1t is
not in his power to remove the judge who
was guilty of this travesty of justice. II. is
considered by the President and all con-
cerned as reproach to the dignity of the
American judiciary, and an invitation to
ell whom it may concern within that juris-
diction to commit the same crime which
Bartlett Richards and William G. Comstock
admit that they were guilty OF. They are
both rich and influential men. and yet they
lost no respect among the public and con-
fidence in their character Is not impaired
by their confession that they knowingly
robbed the government. If they had stolen
dollar from pocket book, or II they had
run off a steer from their neighbours pas
ture they would probably have been
lyncl1ed, but the penalty for robbfng the
government Is nominal fine and six hours
Of companionship with their own lawyer.
When such things occur it is not surpris-
ing that seventy-five special agents have
to be employed by the land office to in
vestigate similar offenses. But their labor
seems to be largely wasted. Last year the
government recovered only So, 1897 50 as fines
imposed and judgements rendered In sew
eral hundred cases of timber stealing and
other depredations upon the public domain.
On July l, 1905, there were pending in the
the recovery of 81 555, 500. &c. for stolen tim
Der alone, and yet it is scarcely possible
that s per cent of this amount will be re-
covered by prosecution. And, so far as
criminal cases are concerned, the expe-
rence Of Secretary Hitchcock and his as
sistants has been very discouraging, ex-
cept In Oregon, where everybody knows
that sensational proceedings were followed
by the conviction of the late Senator Mitch
ell, Representative Hermann and Repre-
sentative Williamson the latter two of
whom are now awaiting the decision Of APP
peals to higher courts.
Indictments and Convictions.
The following statement will show the
difficulty which confronts the officers of the
government in trying to protect 1.-The hertz
age of the people, as some one has called
the public lands. You will notice the ex-
traordinary difference between the number
of indictments and the number of conv1c-
tions in the states named: