The Washington times., 1906-11-19


for any information that could be given
also directing that no final papers be
issued in the matter of these lands an
less the proofs be absolutely unques-
tionable.
Promised an Investigation.
The alleged fraudulent entries were
according suspended, and an investi-
cation ordered by the department.
Smith was notified, he says, that an
investigation would be held and that
he would be notified of the time and
and place of H.
But he wasn't notified. Long after
fl was over. ne learned that a practi-
cally secret hearing was. held at Evans
ton by a special agent detailed for the
purpose. Of this remarkable hearing
Smith says:
Il am now informed, and upon this in
formation verify / believe, that in july,
1905. a hearing was held at Evanston.
That a special agent was detailed 10
conduct said hearing, That ] was not
notified OF said hearing. nor was Ray-
one on my behalf. That the land office
az Evanston knew nothing Of the hear
ing That the said specially desig-
mated agent went 10 Evanston. and in
Pacific railroad, held a star chamber
proceeding IA determine the merits of
the case. and that he proved the mac
curacy Of my statements. and the false
ness Of the afidavits filed with Agent
MyendOrff. IN the following manner:
Accused Railroad Company.
In the night time the Union Pacific
Railroad Company transported a load
of Union Pacific Coal COmpany's en-
ployes from Rock Springs, and they tes-
ufed before the said agent and went
back from whence they came. and the
said special agent made his report. and
upon that report these fraudulent en-
tries went 10 patent and the patents
have been delivered to the Union Pa
cific Coal Company from the Evanston.
WyO., land office. against my protest.
against the report of Special Agent
Myendorff. and against law and against
justice. The land thus passed TO patent
and patented 10 parties was procured
upon perjured testimony. was paid for
by the Union Pacific gold. and is now
III the possession Of Union Pacific Coal
Company and the Union Pacific Rail-
road Company, as its coadjutor. and is
now being worked by the said corpo-
now building a railroad 10 them. and
that the said lands are worth millions
of dollars. ana 1. and American citizens
am not even given d hearing and de-
MED the right of petition, granted TO me
by the Constitution.
Entries Made BY Fraud.
Every one of these patents were Is
sued 10 men who made the entries
who knew thew were fraud
ulent. but who were willing to do the
bidding OF their masters. The sole DUR
pose was 70 place within the possession
OF this gigantic octopus millions of dol
lars in valuable coal lands. and their
purpose was accomplished In the face OF
a protest sacredly presented to the
Government. and in whose integrity I
repOse the most implicit confidence. and
in the face of the facts as given under
the oaths TO Special Agent Myendorff.
As an American citizen. I have asked
for three years TO be heard. / have ap-
peaIed for recognition, I have asked for
my day in court. I have been spurned,
as a friend OF the Government I have
asked for bread and have been given
a stone.
I know positively that the report
and accompanying afhdavits Of Specia!
,
General Land Ofnce at Washington"
Following this. Smith saws. he resumed
writing letters 10 Commissioner Rich /
ards. calling a.tenicn TO the fact that
these lands were about to go to patent /
and declaring that the declarations upon
which they were entered were fraudu-
lent. and had been purchased
Protest Too Late.
Smith charges that on the very day
bis protest reached Washington. accom- /
panied with full evidence TO sustain his
charges of fraud, the patents 10 these /
lands were issued. He demands 10 know /
whether they were issued before or after !
the protest arrived. At any rate. the /
reply to his protest was that the patents /
had been issued. and nothing could be /
done about Il. Yet, he says, the patents /
were not delivered till over a week after 4
The receipt of his protest And school /
boy in law knows add Smith. that an |
conveying realty is lneffec- /
tual until its delivery"
Smith was not to be discouraged. He !
kept on writing letters 10 the COmmis- /
sioner of the Land Office and TO SeSre- /
tary Hitchcock and the Evanston land I
Office, trying TO get information. Much I
Of the time he received no answers. /
Here is an excerpt from one letter |
which on February 10. last he addressed /
TO Secretary Hitchcock. Referring to /