The Washington times., 1906-10-18
Commissions s
Work Viewed in Light
of Sheer Imperti-
nence.
LAND OFFICE PROBE
UNEARTHED NO FRAUD
But Recent Investigators Sc
cured Incriminatng Affida-
Wits From Enuymen Pre-
ViOusly Interogated.

fiCNsOi illNOl- OSNtC0s
There is a difference OF opinion be-
tween the Department of the Interior
and the Interstate Commerce Commis-
sion as to the Importance Of the evil
dence secured by Commissioner Prouty
in his investigation Of the coal land sit
Uation along the Union Pacific
The Interior Department does not con-
slider the developments incident to the
Prouty inquiry of much importance. The
Interstate Commission. on the other
hand. regards them as Of so much i'm
portance that Il has sent direct to the
President a special preliminary report
on the Conditions unearthed.
The Interior Department people are
disposed tC make lght o. the significance
OF the PTOG,y testimony. one official
there declared that the Union Pacific
land affairs were Investigated years ago
10y the General Lana Office. and that
ihey found none OF the evidences Of
fraud which Commissioner prouty and
Attorney Marchaud developed
According 10 Assistant Commissioner
OF FuDuc Lands Pollock. the agents OF
the Land OT1ce long ago hunted up the
p
lands, who made affidavits that their
entries we've IN good faith, and not
Tor The benefit OF. or with the iuteu-
ton or transferring them 20, any other
person or corporation And those af-
hdaylts arc regarded as auaI and con-
elusive.
Investigation Considered Impertinence.
In fact. the Investigation by Com
missioner Prouty. bringing 10 light evil
denco OF corruption in connection with
the coal lands. is plainly regarded as i'm
pertinence That department long ago
proved To It's own satisfaction that these
lands were secured lbs The Union Pacinc
ana ats subsidiary corporations, Jhe
Union Paeinc Coal Company, and the
Superior Coal Company, ln legitimate
fashion and 1T manjfests small sym
Tathy Tor any Investigation that now
threatens 70 bring its conclusions into
question.
And besides this. it was explained.
there is nothing now TO be gained by
pursuing the matter, because these
lands have been patented more than
six years, and patents outstanding that
long can not be asSalled. This situa-
ton was explained by Chief Clerk
Lewis, tn charge Of the special agents.
The law of March 3. 1901, Mr.. Lewis
explains, provides that any patent
which has been in force six years may
not thereafter be set aside. II was
passed in order, TO put an end to
The Union Pacific coal lands have been
patented much longer than six years,
SO there Is no possibility OF getting the
patent vacated. no matter what showing
might be made.
Mr. Lewis said that law o. Limitation
protected many thousands of other pat
ents which otherwise might ne attack
ed. OF course, he explained, pr0secu- /
uOns under the criminal statutes can
be pressed for frauds peTpetrated in
getting the lands but these would not
help restore the lands TO the public
Assistant Commissioner Pollock i'm
sisted that the Land OffiCe had been
done injustice In some OF the reports Of
things transT iring through the Prouty
investigation.
"The situat on as to these very coal
lands was investigated long ago by this
department explained Mr. Pollock.
Our special aEents went out and hunt
ed up the m6u who entered many Of the
lands. They all made afIidavits that the
lands were entered by them for their
own use and benefit, and not for any
body else
But" was suggested to Mr.. Pollock.
some Of these same entrymen appeared
before the Interstate Commission inVes-
tigators and sw0re that they We're given
the money with which 10 make pay
ments for the lands by the railroad com
panyy Z Cd they sWOre they were paid
s. 10 81 each for signing the papers and
interests. Wouldn't those things go 10
prove original bad faith"'
New Evidence Secured.
"Yes, but our people didn't get that
evidence; they got anidavits Of original
bona hdes, and there was no evidence
of conspiracy or intent to defraud so
far as we know"
Then it would appear that the com
MISSIONS investigators were able 10 get
some important evidence that your spe-
cial agents failed 10 get"'
Mr. Pollock was still unable TO see t'lat
II was particularly significant. 1t is ~e-
Sarded by some other people as siguii-
cant, and there rs wide interest in the
further course Of the President IN the
premises
The special agents service of the Land
Ofdce has lately been reorganized. and
II is hoped better results viii be Sc
cured. Formerly each agent worked
independently and reported directly to
the department Now an agent in
charge is located at each of a dozen
important points I'm the Western public /
land region, with agents working under
him, -7ho report to him; he IN turn
making reports to Washington. There
are about seventy special agents now
in the department
Concerning the Investigations that are
now In progress throughout the land re-
giOns, the department is not disposed TO
be communicative, on the ground that
1t would flush the game Cases in
VOlYing fencing lands in Colorado and /
Wyoming are pending. A great number /
OF individual patents are under inves-
tigatiOn. l.. c. Wheeler, special agent /
of the Department OF Justice. is work.
ing on the matter OF getting evidence I
in Nebraska TO be used in pending trials :
in that State The Land Office merely /
knows that a great number OF home |
stead entries are being examined.