The Washington herald., 1907-12-25

Denver, Colo, Dec 2A-In sweep
ing decision, Judge Robert E. Lewis. in
the United States District Court to-day
quashed the indictments in the timber
and land cases. and indicated that he
would take the same action in the coal
land cases.
The opinion is declared revolutionary
by the government officials, and Attor-
ney General Bonaparte was telegraphed
at once for permission 10 appeal 70 the
United States Supreme Court. The de
cision was issued in the New Mexico
Lumber and Pagosa Lumber Company
and frees some Of the wealthiest and
most prominent citizens OF Denver, Du-
range. and Pagosa Springs.
It is also a forerunner of the quashing
Of practically every indictment obtained
by the government at great cost. for
alleged fraudulent coal and timber land
entries in Colorado.
Government officials declare. however.
that they VIII continue their investlga-
tons. and the effort to secure further
indictments in the belief that the Supreme
Court will not sustain the contention Of
Judge Lewis.
question of Criminal Fraud.
Judge Lewis. in his opinion. asks.
How can we say that it is criminal
fraud for an intended qualified entryman.
after his application 70 contract TO sell
in the future the lands he has made ap-
plication FOR. with an honest purpose to
acquire and 20 obtain from his purchaser
expectant the funds 10 make payments.
even before the vender entered or made
application 10 purchas. he being In pos
session at the times"
Judge Lewis further declared that the
acts, charged were not prohibited in the
timber and stone act and saws. 1--WE
cannot, by construction. hold the acts
TO be charged in violation OF said statute.
and. therefore, Illegal or unlawful. for
4 the purpose Of constituting the fraud de-
nounced by section $40
The court further holds that the entry
men are not alleged TO have been dis
qualified 10 act as such, also that the
crime charged must be violative Of both
the words and Of the spirit and policy
of ehstatute" The court expressly de
clined to be bound by civil case rulings.
As 20 the duplicity charged. the court
holds that if there is no Implications
charge other than the one crime of con
spiracy, which is alleged TO have begun
in August 1899 this is barred bv the
statute Of limitations
Judge Lewis concluded: Therefore. II
we take the first view. the charge is
Implications; and II the second prose-
cution is barred. The dilemma renders
the indictment bad. The motion ana de-
murrer are sustained"
VIII stay Title.
The decision. Federal attorneys saw. is
in direct variance with the policy Of the
United States Land Office. and. if sus-
tanned. Will mean a revolution in the ac-
quisition of public lands. TIE ruling does
not affect the equity suits brought by tb.
government but attorneys in these c,ses
say that by the same construction Of
Judge Lewis ruling he will stay title In
the government lands in the parties who
now control them.
The ruling Is 10 the effect that II is not
crime or violation Of law 10 purchase
! land after application for entry is made.
which was the basis of the conspiracy
charge in all these cases.
This decision calls a halt in land fraud
| prosecutions in Colorado until the Su-
preme Court passes on the cases and
! means the quashing OF indictments against
other sixty or more defendants for coal
frauds