The daily sentinel., 1908-06-12
THE CONTESTANTS WIN
IN THE RfDLANDS CASES
Lengthy is Decision.

the land Office, and Gordon kimball,
receiver of the land Office at Mont
rose.
In opening the decision gives tine
date and description of the original
filing. the date of the contest, name
of the contestant, then the descrip-
ton of the IA desert land entries or
l32O acres each, which entries were
being contested. Reviews of the con
tests are then made, and 1t is stated
that the record and testimony IN the
case of George J. D. WILLIAMS VS..
| Nancy Kirk. by stipuiation, WIS CON
sidered as the record and testimony
| in all except four of the contest cas-
es.
| Their Memories Bad.
| One of the most interesting sec
tions of the decision then follows:
1--WE have carefully examined the
record and testimony in the case,
and, from all the facts and circum-
stances shown thereby. are con-
strained to find that the charges con-
tanned in said contest affidavit are
not only absolutely true, but have
been clearly proved.
From the facts as developed II
is quite evident that said desert land
entries were not made in good faith
for the sole use and benefit of said
entrvmen; but wholly in pursuance
of and for the benefit of a scheme
conceived and carried into effect by
Frank D. Kiefer B. F. Kiefer, d. T.
Stone. A. j. McCune and Robert A.
Orr, the promoters thereof, in whose
, hands said entrymen knowingly
placed themselves for that purpose.
1.-THE Kiefers and said Stone have
had considerable experience in des-
ert land entries and promoting
schemes For several years prior to
the hearing they. with number of
their relatives and friends. took up
desert land claims some distance
!, from the land in question. on what
. was then known as the Kiefer extern
sion project. They proved up on
said entries and Immediately there-
!, after disposed of the same to others
When questioned as to the matter
of the water right used by them in
t making their proof on said entries,
e their memories appear to be quite
e defective. and it would seem from
e til cir answers to the questions pro
e pounded that they We're Interested
e more in securing the lands covered
S by their entries than they were in
I complying with the desert land law.
n An Instance Cited.
h The decision than gave an instance
e of the bad memories of these pro-
: moters by telling of Frank ID. kie-
e fer's testimony in the contest hear
ing.
Organizing the Company.
The decision, in dealing with the
organization of the Redlands COM
pany, says in part:
1.-The Kiefer extension project nc
doubt proved success TO its pro-
moters. for we find the same par
ties (the Kiefers and Stone. along
with said McCune and ORR along III
the early part of 1906 launching out
in the scheme of forming a CONNER
cial power and irrigation stock com
pany on the Red mesa.
"The Kiefers live in the GRAND
valley and are promoters and ditch
/ builders. Stone is a banker at Crane
Junction. Orr is a fruit grower anc
capitalist; while McCune. who lives
In Denver, is by profession civi
engineer.
at is clear from all their acts
| that their object and purpose at tina.
/ time was to form a commercial cor
poration and take III, as the princi
L nal asset of the concern, the vacan
1 lands in the neighborhood of abou
5000 acres situated along the mesa
"After making some surveys ant
doing some grading. they unfoldet
their scheme to their relatives ant
friends, whom they secured to maxi
desert entries of said lands. and non'
of the entries so made were by an,
other person than those whom salt
promoters had selected.
Said promoters were aware that
with their available funds, the.
themselves could not carry tn
scheme through: so they set about It
secure outside capital. which worl
fell ch 'efy to the lot of Stone am
IF. ID. Kiefer. who. along in the earl
part of 1906. interested Fredsricl
II b. Piatt and A. A. Piatt of Lansing
Mich. in said scheme, and after
wards said Piatts put into the pro
ject the sum of 100000.
The objects of the company, as Sc
forth in the articles of Incorporation
are then reviewed and commente'
/ upon.
The filing of rights of way. wate
rights and the making of the con
tracts with the fourteen desert lant
entrymen, description of this con
/ tract the issuing or the bonds TO
water for the entrymen, the ISSUING
of bonds covering the 100000 pu
in by the Piatts, the division of th
!. stock of the company, the securit.
4 put up by the Kiefers, the fact tina
many of the original entrymen wer
| officials of the company. the review
| of much of the testimony given be
fore the contest hearing. are deal
1 with.
For the One Purpose.
In commenting, the decision say
/ in part:
'.CIcarly it is apparent from TIL
| showing made that the company wa
organized solely for commercial pur
poses to deal in land, furnish powe
for electrical and incidentally for il
I ripation purposes, and that the chic