The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-19
CattIemen Show Inclination {,
Remove Obnoxious Fences.
So Agent Franklin Reports to
District Attorney Bone.
MAY DROP SOME CASES
This Is Mr. Bones Idea Where
Law Is Observed.
Csher Suits Will Be Prosecuted
to Conclusion.

The investigation of fences on the
ranches of the western Kansas cattle
men, who were indicted by the federal
grand jury for land frauds to see
whether a compliance has been made
to the order of the court to remove
fences from government land, has
been completed and the findings OF
Blaine Franklin, the special agent who
was sent to make a personal fnvestiga-
ton, are in the hands of United States
Attorney Bone. The two were closeted
together the entire morning going over
the maps showing the enclosed por-
lions OF land and the location of the
fences.
At the conclusion of the conference
Mr.. Bone said. From the report
made by Mr.. Franklin am inclined to
think that most of the men have made
"a substantial compliance with the or
der Of the court and have removed
their fences. But I am unprepared to
say how much or to what extent. 1
viii have to procure government maps
showing definitely the land owned by
the government before I can issue any
statement / don't want to go off half
cooked and then have to back up on
my statements. The report which Mr..
Franklin makes is clear and inteIligi-
bic and is done in a way to merit COM
meudatiOn. The Boise Cattle company
status is all up in the air yet, I don
know whether the government maps
will indicate that any of the land Is
still under its fence or not.
If the maps indicate that the gov
eminent land is not under fence I shall
drop the cases. Where such is not the
condition the cases viii be pushed to
completion. Mr. Lambert. the attor-
0ey for the cattlemen, will insist I
presume that his clients have complied
with the order of the court. But that
don't make any difference to me.
ar. Fran klin's work is now COM
plete and finished and with what evil
dence we have secured through him
we VIII be ready to act"
Franklin personally visited every one
Of the ranches. He rode the fences
and noted the location Of them and
wherever gaps existed or indications
that fences had been removed. He has
been occupied on this work for several
weeks.
Mr.. I. E. Lambert. the attorney for
the indicted cattiemen, filed a number
of maps with Mr.. Bone early in the
summer. The maps were to show
clearly what fences had been removed
and whether a compliance with the
order Of the court had been made. The
maps almost without exception were so
faulty executed, however. that it was
impossible to learn anything from them
and Mr.. Bone refused to accept them.
"A special agent was then detailed from
me interior department 10 cneck up on
these maps and furnish some evidence
that could be of worth.
The land fraud cases came UP for
trial Monday at Wichita in the United
States district court. This is in fact
the main business which awaits the
Wichita session Of the court. There
are SO criminal cases in all on the
docket and of all this number 80 are
those Of the indicted cattlemen; the
one remaining is that of a violation of
e jointkeeper on a retail liquor deal
er's license. The defendant has es-
capped and not been apprehended yet
so that there is not much chance of this
case coming to trial. In addition to
the above cases the docket contains
three civil cases. They follow: A. c.
Malloy, trustee, VS.. State Bank of Alb
beyville; S. NJ. Tucker. trustee, vs..
State Bank of Abbeyville: s. NJ. Tucker,
trustee, VS.. Ella McSheery.