The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-26
Claim That He Has Misrepre-
sented the Facts.
TELL OF ORGANIZATION
Purpose to Divide Up Lands
Among Cattle Raisers.
Facts About the Indictments
Are Distorted.

In his annual report. Secretary Hitch
cock of the United States departments
of the interior. makes the charge that
there is in existence in Stevens county
an organization known rs the stevens
County Live Stock association. for the
purpose of dividing up the public ,ands
N that county among the various cut
tie raisers. contrary to tile laws Of the
Urited States.
The charge Of the secretary Of tre
interior also refess to Morton county.
and other western Kansas counties
where similar methods have been en-
ployed for wrongfully getting possess
sion of public lands for grazing pur-
poses. The report says:
"A recent special investigation in the
state of Kansas revealed the enclosure
of about 200, 900 acres of public lands in
Stevens and Morton counties in that
state. 1t is alleged that is men and
corporations in Morton county alone
had 1880 acres of public lands encios-
ed and that in Stevens county an or
ganization known as the Stevens
County Live Stock association WIS
formed for the purpose of dividing tho
public lands in the county on the basis
of the number of cattle owned by eacl
member Indictments have been Sc
cured as follows:
For unlawful fencing. A. b. Lynch.
Robert Morton, J. 5. Bilby. r. I. Bilby.
Arthur Bowman, john +. Bilby. L. NJ.
Dean, A. Nj. Dean, NJ. J. Allen, ". c.
Combs, J. w. Mclean, ". L. Moore,
T. B. Porter, Wood Cott. H Cott, r.
NJ. Crawford, J "A. Kelly. H. S Boice
Cattle company. II. S. Boice, +. A.
Meridian, and +. Lehman.
For conspiracy to defraud the gov
ernment: E. c. Wilson. Henry Brown,
John Bartholomew, p. J. M. Burlxctt. r.
n Nef. John E. Bilby. J. H. Drain, and
L. c. jenkins.
For perjury: John l. Bilby.
For forgery: F. H. Neff ana F. c.
For using the malls to defraud: c.
H. Drew.
The. total area embraced in the inelo-
sures OF persons under indictment in this
state is 40S,oOo acres, of which $4,000 acres
are. public lands
department, suspended in December last
all coinfnuted homestead proofs in the
state of Kansas AS an investigation OF
thirteen of these states has revealed
fraud in connection with Il. the adoption
of this course seems to have been justi-
This official publication has aroused
ties affected The Hugoton Hermes. pub
lished at the county seat OF Stevens
.sThe secretary is either grossly irnor-
ant or depends on his Ananias club to
make his report to the president. Moth
statement made by the secretary If the
rest of the report is in keeping with this,
work on.
Nearly all the cases mentioned by Sec
retary Hitchcock in his report have been
dismissed The only one of the defend
ants which paid a fine for unlawful fenc-
ing was the II. S. Boice Cattle company.
which was obliged to put up 81 80. The
perjury case against John f. Bilby was
dismissed. The forgery charges and the
charge of using the mails to defraud to-
gether with the charges OF CONSPIRACY.
are all under advisement with Judge pol
lock A motion has been made by the
defendants to dismiss the indictment and
It Is regarded likely that the motion
will be sustained though no decision has
been announced. Most of the cat
tie men who We're shown to have erected
fences on public lands escaped prosecu-
ton by agreeing to take down fbef~
fences and keep on public lands in the
future. -