Omaha daily bee., 1907-10-22
Mr., Ware Was Convicted in United
States District Court in Omaha.
WILLIAMSON CASE POSTPONED
Suit Involving Former Oregon Con-
gresham Goes Over
KANSAS CASE STAYS CLOSED
supreme Court Declines 20 Reopen
Dispute Between states on Right
TO Use Water of Arkansas
River.
lrrom a staff correspondentl }

WASHINGTON, oct 2i.-(special Tele-
gram. .)--Rev. George 6. Ware OF Lead.
s. D.. who was found guilty OF land frauds
IN the federal court at Omaha, must serve
his time in the Douglas county jail until
his sentence Is executed, Today tho SUI
preme court refused to grant re-hearins
of the case on a writ OF eertiorari TO the
United States circuit court OF appeals OF
the Eighth circuit. Attorneys 7, J. Ma
honey and j. A. c. Kennedy appeared for
Mr.. Ware for review OF his case in the
higher court on the ground that conspiracy
had not been proved. Ware with Frank
w. Lambert and Harry Wech were in
dicted for conspiracy to defraud the United
States out of certain lands in the N. b.
ranch enclosure In Nebraska, by means
of fraudulent entries under the homestead
law and under the Kinkaid act supplement
tai thereto. Ware was tried by a jury
and sentenced to one years imprisonment
in the Jail in Douglas county and to pay
fine of $1,000.
All the way through he has alleged that
there was no conspiracy between the par
ties and along these lines the case was
brought 70 the supreme court with hope
that an oluer might be secured to have
1t reviewed in a higher court. The supreme
court, however. refused to grant the writ
asked for by Mr. Mahoney and his asso-
ciates and Mr.. Ware will have to serve out
his sentence.
Land Case Heard on Merits.
In the case of the Missouri Valley Land
company and the Iowa Land company
against Asmus wtese the supreme court
today refused to dismiss or affirm tho
citation made by the attorneys for the
defendant in error. ]. S. Van Dusen and a
local Washington associate. but decided to
hear the case on its merits. Among other
things Van Dusen objected in his motion
to dismiss or affirm the case that John
B. Barnes should class himself as 'presid-
ing judge of the supreme court of Me-
braska in the Judgment of the supreme
court Of Nebraska in the absence of
Sedgwick, c. - Mr.. Van Dusen in his
brief states that there Is no evidence in
the record to support Judge Barnes self
constituted position. on the ground that
there was no evidence 10 show that In this
particular hearing the chief justice was
absent from the state or that Judge Barnes
was the Judge having the next shortest
term and thereby the presiding Judge, The
case is one involving title TO land, trao-
ing their claims of title TO the original
grantees from the United States under
act OF congress. oHe claiming that the title
of the United States was divested by the
grant and the other claiming that the
title was suspended until the final issuance
of the patent
Charles Sumner Lobinger OF Omaha and
Lee Card of Chadron, Neb.. were a0-
mitted to practice before the supreme court
today.
Decision Against Lawson.
The supreme court Of the United States
today decided the case Of Leonidas NJ
Lawson and others against the United
States Mining company favorably TO the
| company The case involved a question as
to the right to follow mineral veins from
the apex I'm the Jordan extension. Northern
mountain district near Brigham, Utah.
Williamson Case Postponed.
| Upon the application of Attorney General
Bonaparte today the supreme court of the
United States indefinitely postponed hear
ing argument which was assigned espe-
cially for today in the case Of the govern
ment against former Representative VIII
hanson Of Oregon, Involving charges OF
land fraud. The illness OF the solicitor
general was given as the reason.
| Kansas Case stays Closed.
The supreme court Of the United States
today refused to allow the Kansas against
| Colorado case TO be reopened by denying
a petition for rehearing submitted by the
state of Kansas. The case, which was an
attempt on the part OF Kansas to prevent
! the state OF Colorado from using for irriga-
tion purposes the waters OF the Arkansas
river. was decided by the supreme court
last spring in favor Of Colorado.
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