The sun., 1907-12-25
LANDFRAUDEDICTMENTS VOID
4. 5. JUDGE HOLDS THAT NO
CRIME HAS REEN COMMITTED.

G0Vernnlent DmcnutB Astounucu Dy NpccAVhOn
Thaa Entries and sales heretofore
Held. TO Re Fraudulent Are valid
VIII Appeal TO supreme Court.
DENvER. Dec 24.-Judge Robert E.
Lewis in the United States Distriot Court
this morning quasbed the indictments
In the Colorado timber and land cases and
indicated that he would take the same action
In the coal land cases.
The opinion IL declared to oberevolutionary
by the Government officials, and Attorney
General Bonaparts was teIegraphed to for
permission to appeal to the United States
supreme Court.
The decision was given in the caLes OF
the officials of the New Mexico and Pagosa
Lumber companies, and the ruling of the
Court frees some OF the wealthiest and
most prominent citizens OF Colorado.
While il was also a forerlnner Of the
quashing of practically every Indictment
SECURED by the Government for alleged
fraudulent coal and timber land entries
in Colorado, Government officials declare
they will continue their Investigations
and their efforts to secure further indict-
ments in the belief that the Supreme Court
will not sustain Judge Lewis.
Judge Lewis in his opinion said
How can we say that il il a criminal
fraud for an intended qualified entryman
after his application 10 contract 10 sell
in future the lands he has made applica-
ton for with an honest purpose to acquire
and 10 obtain from his prospective pur-
chaser the funds to make payment? Such
contract has been held valid when made
even. before the vendor had entered or
made application"
Judge Lewis further declared that the
acts charged were not prohibited in the
timber and stone act and added: "Me
cannot ny construction hold the acts IN I've
changed IN violation Of said statute. and
therefore illegal or unlawful for the pur-
pose of constituting the fraud denounced
by section $40"
The Court further holds that tho entry
men are not alleged 10 have been dis Iuali-
fed to art as such; also that the crime
charged -n uet be violative Cf both othe
words and II the spirit and OF the policy
Of the statute"
He expressly declined TO be bound by
civil case rulings.
As to the duplicity charged. the Court
o,ds that 10 thereis no duplioitiousi charge
when the one crime OF conspiracy. which
IL alleged to have begun in August. 1909.
is barred by the statute OF imitation.
Judge Lewis concludes:
Therefore IL we take the first view the
charge is du uplioitous. and II the second
prosecution is barred. The dilemma rem
ders the indictment bad. The motion
and demurrer are sustained
The decision, Federal attorneys say, is
in direct variance with the policy of the
United States Land Office and IL sustained
will mean a revolution in the acquisition
Of public lands, The ruling does not affect
the equity suits brought nv the Govern
mept hut attorneys in those cases say that
Judge Lsvis's ruling il applied viii con-
tinue title to the Government lands in the
plrties who now control them,
In effect the ruling is that IL is not a crime
OF violation of law TO purchase land after
application for entry is made, which was
the basis Of the conspiracy charge in all
these cases.
"The Court recognizes the illegality and
criminalty of dealing with prospective
entrymen prior to applications" said At
| torney Knaehel. "inasmuch as the statute
itself is explicit on that point. The de-
cision on other points is contrary to the
, holdings OF the Interior Department and
raises questions Of such importance that it
will be carried TO the Supreme Court to
settle the issues involved for all time
This decision calls a halt in land fraud
J prosecutions In Colorado until the Supreme
| Court passes on the cases and means the
uuashing of indictments against sixty or
more defendants indicted for alleged coal
| land fraIlds7