Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-19
BURCH TALKS ABOUT
TIMBER LAND FRAUD
No Connection With Miners
Prosecution, He Says.
TAKES TIME TO PRY LID
Visit of District Attorney Here a
Mere Occurrence"
COURTS ARE BEYOND REACH
He Declares That Roosevelt Has Moth
ing to Do With the Bust
ness at All.
TAKES TIME TO PRY LID
COURTS ARE BEYOND REACH

DENVER Col, April 19.-Judge NJ. c..
Burch. special assistant United States at
torney general, who returned from Boise,
Idaho, yesterday, in an interview with a
representative of the Associated Press to-
day denied that there is any connection
between the land fraud investigation in
Idaho and the prosecution of the officials
of the Western Federation of Miners on
the charge of completely in the assassina-
ton of former Gov. Frank Steuenberg Of
Idaho.
Sensational reports going the rounds Of
the western newspapers concerning the
Idaho conditions should be very largely
discounted. said Judge Burch.
The timber lands Investigations in that
state are not new. For nearly four years
these Investigations have been going on in
northern Idaho, and l was instrumental in
sending both a special attorney and spe-
cial examiner of the Department of Justice
there at the start. 1t requires some time
to pry off the lid which ordinarily covers
such transactions. and such was the case
there. but nearly year ago some of the
guilty parties We're Indicted and convicted
More Recent Frauds.
In southern Idaho the alleged frauds
We're much more recent and the officers Of
the departments of justice and of the interior
have neither urged forward nor retarded
their operations by reason of the pending
offenses alleged against the three officials
OF the miners federation in that state, and
statements 10 such effect are without foun-
dation.
he isTF nf pr1ipl to
Washington is a mere ordinary occurrence.
il being customary to call district attor-
neSS there for report and consultation with
department officials concerning affairs in
their districts. especially when any liti-
CATION is calculated To call for unusual
asSistance or the outlay of more than or
binary funds.
The Attorney General is always in con-
troll of all cases, either civil or criminal,
and would not think Of overriding the ac-
ton OF grand jury by review of its actisn
between indictment and the trial of the
parties indicted, nor to forestall proper
inquiry into the probable guilt or innocence
OF parties accused and not yet indicted.
Above Reach.
The courts are so entirely above and be-
You'd the reach of She influence of the De-
partment Of Justice or anE executive de-
Partment of the government that 1t is ex-
tremely bciittling to federal judges either
as To their dignity or power to intimate. as
has been done, that there is any necessity
10 go to Washington and explain what they
have or have not done in obedience to call
or request of any executive officer from the
President down.
only Congress has the right to inquire
INTO the conduct and then only by reason of
formal charges preferred and by impeach-
ment proceedings. l know personally that
no such call has been made upon Judge
Beatty.
1T is equally unfair to draw any con-
clUsion on the other hand against Senator
Borah. 1t was commonly understood he
Was in the Steunenberg murder case as
Special attorney for the prosecution before
he was elected to the Senate.
1t is. ! think, conceded he has acted in a
general way in his capacity as attorney
for the Barber Lumber Company which
company is alleged in connection with
others, To have been engaged in Illegally
obtaining timber lands near Boise But
lHat does not presuppOse, nor is ii in itself
the slightest evidence, he had any part in
procuring lands or conspiring to do so.
May Kew Straight
1T has been, TO my knowledge, and
have every reason to believe it will be- the
policy of the Department of Justice in Idaho
to hew straight to the line and keep its ad-
miHistrdtion there absolutely free from en-
lanS.ement. either with the prosecution or
defense Of Meyer, Haywood and Pettibone
and to avoid any possible interference In
any manner by political Influence on one
side or disposition to aid the accused men
on the other. and if the subject is even con-
s!dered by the Attorney General or other
executive officials l am satisfied II will be
strictly along the line Of how best TO pun
i~h the offenders OF the federal laws and
recover lands wrongfuny obtained from the
government, and not in any wise while so
doing To engage in the trial OF the alleged
Offenders against the state of Idaho