The Washington herald., 1906-12-04

New York, Dec. 3.-In the current issue
OF Golfers Weekly will appear scath-
ing arraignment of Senator Fulton and
Oregon politics. 1t is as well a graphic
recital of the land fraud scandal.
Attention is called to the fact that there
Is pending in the United States Senate a
recess nomination of Attorney General
Bristol, which awaits confirmation.
The Senate adjourned last summer with
out taking any action in the matter. It is
around this failure of the Senate to act
that much criticism is showered upon
Fulton
The article recites the Senator's attempt
to protect two political friends who are
involved in the land frauds, and furnishes
mighty interesting reading.
The story is as follows:
Charles W. Fulton, United States Sena-
tor from Oregon, in conformity with the
custom which has grown up in Congress,
named four constituents. one after the
other, for an important Federal Office in
his State
"On examination into the qualifications
Of the men proposed. every one was found
10 be unfit. In despair President Roose-
welt threw up his hands. and told Sena-
tor Fulton that he would nominate his
own man. He did. Since then, in all ap-
pointments relating to the Department Of
Justice and TO the Department of the
Interior-the governmental machinery di-
rectly involved in prosecuting the land
frauds-the senior Senator from Oregon
has not been consulted
Nominations have been made over his
head. Behind his failure to fight openly
the confirmation of these nominations, as
other Senators would have done were
their sacred pTerogatiyes attacked, is a
grave matter relating to Fultons stand
ing as a Senator. To the facts in the
case the people are clearly entitled.
story of the Land Frauds.
The story is an incident in the history
Of the Oregon land frauds. Three years
ago, the whisper came East to Washing
ton that wholesale frauds We're being
committed in connection with government
lands in Oregon.
with it came the information that these
frauds permeated and tainted every circle
Of life and every stratum Of business in
the State. Business men of high stand
ing were engineering the steals; lawyers
at the head of the bar were attending to
the details and bankers were financing
the deals.
Most Of the State and government Off
cials. it was said. were either directly
concerned in the frauds or else were on
such intimate personal terms with the
criminals that the United States govern
ment could not rely on them TO prose-
cute. And even if there were an official
in Oregon fearless enough to take up
the work. he would face a public opinion
so hostile as to make his efforts useless.
This was the situation which has since
been so graphically decribed by the
phrase the land conscience"
Heney TO the Rescue.
Under these circumstances, somebody
outside the State must be secured to
prosecute the thieves. Attorney General
Knox suggested San Francisco lawyer
who had come to his attention. Francis
J. Heney had made a record under sim
liar circumstances in Arizona. where he
had been attorney general before the age
OF thirty-hve.
Heney took the appointment at the sac
riice Of his profitable law business in
San Francisco. When he arrived in Port
land, the very air seemed charged with
hostility 10 him. A local bar association
adopted a resolution protesting against
the appointment of a "carpet-bagger' to
prosecute the land-fraud cases. At every
turn Heney met open defiance OF subtle
hampsring of his work.
But courage could withstand the hos
tility of whole community, and Henev
had been selected for courage. From one
man in the State. however, he must have
active cooperation and assistance. That
man was United States Attorney for the
district. On him Heney must depend for
assistance in putting in operation the
legal machinery Of prosecution. Obstruc-
tion on the part of this officer would un-
dernine all the energy and astuteness
that Heney could bring to bear.
''The occupant of the Office at that time
was John H. Hall. His term was draw
ing to a close. And no government OIL
cial ever fought to retain his Office as
did Hall. The knowledge of how much
there was at stake inspired his frantic
e1OrtS 10 hold on Tor another term
Halls conscience told him that he him
self was liable to prosecution. He knew
that at least one United States Senator
from Oregon. two Congressman. and half
the prominent politicians in the State
could not be saved from Indictment un-
less he stood between them and Heney.
BrOvneII for States Attorney.
''But although Hall so Keenly desired TO
remain IN Office, the United States Sena-
tors from Oregon had planned to shelve
him. They proposed TO use the United
States Attorneyship to pay a political
debt Charles ". Fulton. whom Senator
Mitchell had selected for his colleague, in
getting himself elected a United States
Senator, had incurred many political OBJ
legations, and OF these none was so press
ing as that to George c. Brownen, presi-
cent of the State senate. who had par
celed out the committee assignments to
further Fulton's candidacy, and had aided
him In every way
For this valuable service he was prom
ised the United States Attorneyship, and
20 this promise Senator Mitchell was a
party. Just how nit Browne!l was to fill
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