Omaha daily bee., 1907-04-20
BURLa On IDAHO AFFAIRS
fpsoial Attorney for Government Denies
soms Stories Sent from Loise
LAND AND MINERS CASES DISTINCT
Action of Department of Justice WIN
Have No Bearing on suits
Against MOyer, Hay
wood and Others.


/ DENVER, April ls.-Judge NJ. c. Burch,
special assistant United states attorney
general who returned from Boise, Idaho,
yesterday, in an interview with a rep
/ resentative Of the Associated Press today
| denied that there is any connection be-
| tween 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 Governor 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 tim
Der lands Investigations in that state are
not new. For nearly four years these in
vestgations have been going on in north
ern Idaho and L was instrumental In send
ing both special attorney and a special
! examiner OF the Department Of Justice
there at the start 1t requires some time
TO pry of the lid which ordinarily covers
/ such transactions and such was the case
there, but nearly a year ago some Of the
guilty parties were indicted and convicted.
In southern Idaho the alleged frauds were
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 oficials
OF the miners federation in that state. and
statements to such effect are without foun-
daton.
why Hutck Was Called.
"The visit Of District Attorney Ruick to
Washington is a mere ordinary occurrence,
ff hafpu 70 district
there for report and consultation with de-
partment officials concerning AFFAIRS in their
districts. especially when any litigation is
on calculated to call for unusual assistance
or the outlay of more than ordinary funds.
The attorney general is always I'm con-
troll of any matter, civil or criminal, and
would not think Of overruling the action
OF a grand jury by review Of its action
between indictment and the trial OF the
parties indicted, nor to forestall a proper
inquiry into the probable guilt or inno-
cence Of parties accused and not yet in
dicted. The courts are so entirely above
and beyond the reach Of the influence Of
the Department of Justice or any execu-
tive department Of the government that It
Is extremely belittling to federal judges
either as to their dignity or power 10 inti-
mate, as has been done, that there is any
necessity TO go TO Washington and ex-
plain what they have or have not done in
obedience to cali or request OF any execu-
tive officers from the president down, only
congress has the right to inquire into their
conduct. and then only by reason OF formal
charges preferred and by impeachment
proceedings I know personally that no
such call has been made upoB Judge
Beatty.
A. TO Senator BOrah.
1
clusion on the other hand against Senator
Borah. II 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 al
legged In connection with others, to have
been engaged in Illegally obtaining lumber
lands near Boise. But that does not pre-
! suppose, nor is It in itself the slightest
evidence. he had any part in procuring
lands or conspiring to DO so.
''It has been, to my knowledge, and I
have ever reason to believe it viii be the
policy OF the Department OF Justice in
Idaho TO hew straight to the line and to
keep its administration there absolutely
free from ENHANCEMENT 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 a disposition to
aid the accused men on the other, and II
the subject Is even considered by the at
torney general or other executive ofhcials
/ am satisfied IL will be strictly along the
line of how best to punish the offenders
OF the federal laws and recover lands
wrongfully obtained from the government,
and not In any wise. while doing so, to en-
gage in the trial of the alleged offenders
, against the state OF Idaho"
suits 10 Recover Land.
BOISE. Idaho. April l9.-The government
today filed a suit In the United States
circuit court against the Barber Lumber
company to set aside 2l5 patents, involv-
. ing 1000 acres of timber land in Boise
! county worth over 8 10000. Fraud in
securing title to the lands is alleged.
Ruiek at WashingtOn.
WASHINGTON, April 1s-Norman N.
Ruicl, United States attorney for the dis
: trict OF Idaho, arrived in Washington today.
I He called at the Department OF Justice
Z but did not see the attorney general AL
! though no statement has been made at the
Z department as to Mr.. Ruicks mission in
? Washington, II is the belief OF the officials
r that he is here TO discuss with the at
q torney general matters connected With the
J Indictment OF United States Senator Borah.