The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-20


4" set aside 215 patents involving 4.
Z" $4,000 acres Of timber in Boise (.
{" county against the Barber Lumber q:
2. company. The property is worth {.
{. over 81, 600, 900. Fraud is alleged in 4.
e" securing title to the lands. The %
q" government special agents have g
g. been conducting an investigation 9
. for nearly year. and the first re- o
&" salt Of their work was the recent g.
finding of several indictments by :.
G. the federal grand jury. g:
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Denver. April 19.-Judge NJ c. BUrch,
special United States assistant attorney
general. who has just returned from
Boise. Ida, in an interview with a rep
resentaJive of the Associated Press To-
day denied that there is any cOnnec-
tion between the land frauds investiga
ton in Idaho and the prosecution of. the
Western Federation of Miners on the
charge of completely in the assassina-
ion Of former Governor Frank Steunen-
berg OF Idaho.
Should Be Discounted.
''Sensa tional reports going the rounds
II the western newspapers concerning
the Idaho conditions should be very
largely discounted" said Judge Burch.
THE timber lands investigation in that
state are not new. For nearly four
years these Investigations have been
going on in northern Idaho. and 7 was
instrumental in sending both special
attorney and a special examiner of the
department of justice there at the start.
Stories 6aseIess.
1t required some time TO pry off the
lid which ordinarily covers such trans
actions, ana such was the case there,
but nearly a year ago some of the
guilty parties were indicted and con-
Yicted In southern Idaho the alleged
frauds were much more recent. and the
officers of the departments of justice
ard Of the interior have neither urged
forward nor retarded their operations
by reason of the pending offenses al
legged against the three officials Of the
miners federation in that state, and
statements to such effect are without
foundation.
Ruick's Washington Trip.
The visit of District Attorney Ruick
to Washington is a mere ordinary Oc-
cuTTence. il being the custom 10 call
district attorneys there for report and
consultation with department officials
concerning affairs in their districts. es-
pecially when any litigation Is Calculat-
ed on TO call for unusual assistance or
outlay OF more IMAM DlulldiH lLltuS. Inc
attorney general is always in control of
any case, either civil or criminal, and
would not think of OveTTuling the ac-
ton of a grand jury or review its ac-
lion between indictment and the trial
of the parties indicted, nor to fOrestall
a proper inquiry into the probable guilt
or innocence of parties accused and not
yet indicted. The courts are so entirely
above and beyond the reach of the in
huence of the department of justice or
any executive department of the gov
eminent that it Is extremely belittling
u federal grand juTieS as to their dig
nifty or power. to Intimate, as has been
done. that there is any necessity 90 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 Gown. Only congress
has the right 10 inquire into their con-
duct, and then only by reason Of formal
charges preferred and by Impeachment
proceedings. I know personally that no
such call has been made on Judge Beat
".
Case of Borah.
1t is equally unfair to draw any con-
illusions on the other hand against
Senator BOrah. 1t was commonly I'm
derstood 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 lumber
lands near Boise. But that does not
prcsuppOsc. nor is it in itself the slight
est evidence, he had any part in pro-
curing lands or cOnspiring 10 do So.
1T has been, to my knowledge, and l
have every reason to believe, il viii be
the policy of the department Of justice
in Idaho TO heW straight To the line and
TO keen its administration there abso-
lutely free from ENHANCEMENT either
with the prosecution OF defense of
Mover Haywood and PettibOne. and 10
guard against any possible interference
i'm any manner by political influence on
one side or "A disposition to aid the ac-
cused men on the other, and if the sub
ject is even considered by The attorney
general or other executive officials.
am satisfiedrit will be strictly along the
line Of how best TO punish the offend
ers of the federal laws and recover lands
wrongfully obtained from the govern
ment. and not in any wise while doing
so to engage in the trial of the allegcd
offenders against the state of Idaho"