The Boise citizen. (Boise, Idaho) 1906-1910, 1908-02-07
LAND FRAUD DECISION
THE OUTLOOK REVIEWS COURTS ACTION in THE
Big COLORADO CASES

the West sought by conspirng to obtain
large of public land much exceeding the quantity lawfully
be acquired from the government any person persons says the
Outlook This practice has been particularly
with timber lands During past general
been directed Cooado because of the Indictment
number of less prominent business of that
the charge of alleged tmberand law
and because the decisions rendered by Judge Robert Lewis
Of the United States District Court of Denver
cused The law question comprised in the famous,
Infamous Timber and Stone Act Of 1878 As his recently pub
ed report the Secretary of the Interior Commissioner Bang
of the General Land Office this has been the convenient ve
Gle by which the great bulk of the valuable timber lands
national forests has gone into the hands of the large timber
pane The provides that timber land from the public
may sold citizens persons who
declared their intention become suc in quantity exceeding
100 person persons the price of So acre
OF hen would be fraud upon the government for any
association of persons directly indirectly obtain from
the government greater quantity of land than that allowed by law.
Before formal and approved entries made emitting private per-
future ownership of former public lands preliminary appca
entry be filed Prior preliminary application
the law prohibits conspiracy under heavy penalty and requires the
ymans oath that he acquiring the land for another But
the law unfortunately does require similar oath the time of
final entry although the Land Office regulation does The defendants
charged with having procured under hire first make
individual ntrymen with the local land officers operating
under the General Land Office in the department of the Interior for
respectively exceeding the quantity allowed by law second
pay the local officers with moneys furnished by corpor
aons the price of the land as fixed by law third title from
the government for the lands themselves entymen and finally
convey title of the lands the corporations involved
Judge Lewis quashed the indictment BECAUSE says sit begins
the Timber and Stone Act leaves off, As the enymen
charged with being hired make the preliminary applications
entry n the absence any further prohibition how say
criminal fraud intending qualified enyman after
his application sell in future the lands he has made
application for with honest purpose acque? In other words
under existing law criminal action punishable United States
court nvoved only if the preliminary application for entry
companed by false oath No criminal action involved the final
entry be accompanied by false OATH for oath required by
law but only by the regulation of executive department The
has jurisdiction make the law, the regulation binding
Hence Judge Lew decision the effect that indictment
perjury upon false final affidavit be sustained The
handed down. the of the United States williamson These
strictly interpret bad But there other indictments
which this loose law has been openly deed and clearly
lated will be cessation glad their
prosecution But the Denver indictments also forth
furtheance alleged conspiracy 1t will be interesting
the Supreme Court uphod Judge Lewis his further point
conspiracy complete when the immediate
by has been effected and that subsequent continuation
sought be brought about by the conspiracy
the life of the conspiracy In other words the object of the
conspiracy affected the government Colorado matter
completely consumaed when three years ago. the lands passed
ntrman the corporations agent the subsequent
by agent the corporation being detail If the transfer
the agent corporation be regarded
part the conspiracy the criminal prosecution fails because of
he operation of the of limitations The Outlook is able
the emphatic dissent of the department of justice from this
Interpretation of the law by Judge Lewis The depart
nent will carry the case to the Supreme Court If that court 1s
Judge Lewss Interpretation the departments will be
eousy nterfered with Furnishing by criminal proceedings those
Who have conped for corporations large OF land
which under the law they entitled to hold land which
doubtless be recovered to the government through equity proceedings
take of Judge Lewiss judgment in this
hing clear the Timber and Stone Act ought to be radically
mended For thirty its loosely framed text has been
fraud the part of all who love irregular and dectfu
Methods of acquiring wealth 1t satisfaction to add that
hose foremost in demanding its odcaon IS the large body OF
umemen who have long suffered from unst mpca