Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1908-01-18
A BIG LEGAL BATTLE
CASE INVOLVES DISPOSITION or
TIMBER AND MINERAL LANDS.
Government Defeated in Preliminary
5kirmish--Thousands Of Acres
Of Lands Acquired illegally.

Of Lands Acquired illegally
Washington. d. q. Jan. 14.--A great
legal battle is about to be begun BY
the government contest that, in fact,
will rival. in interest and importance
the Northern Securities and Standard
OH cases
IN the preliminary skirmish q the
battle. the government was defeated.
The case involves the entry and dis
position Of timber, and mineral lands
Of the United states tensof thousand
Of acres Of which have been acquired
BIZ corporations and wealthy individ-
uals by what IS known as the dummy
entry system"
For many years. the administration
Of the public land holdings Of the gov
eminent was, to express it mildly very
loose. 1t was possible under the sort
Of administration that prevailed for
thirty or forty years for almost any
body to obtain possession Of public
lands at comparatively little expense.
Gradually. the lands 50 acquired
were aggregated into large tracts
owned generally by rich corporations
This has been the case particularly
during the past twelve. or fifteen
years. the net result being that some
Of the most valuable timber, and min
eral lands of the government have fall
en- into the hands of great companies
or syndicates, which now are exploit
ing them to the enormous advantage
OF their shareholders.
Investigations by agents Of the gov
eminent disclosed the fact that, in
most instances. the lands have been
acqired by their present holders ille-
gally. With the preliminary action OF
the government to protect it's interest
and to compel. if possible, the reputed
owners to relinquish their holdings
of public lands, the reading public Is
familiar In the past six or eight
months many indictments have been
found by Federal grand juries in the
Rocky Mountain states, especially
in Oregon. Washington and Colorado,
against alleged yiolaters of the stat
utes. Recently MANY of these cases
were brought before Justice Lewis, at
Denver and he proptly promulgated
an order quashing the indictments and
dismissing the cases. He made no
exceptions, but simply swept his dock
ct clean of all indictments charging
fraud or conspiracy in the acquisition
by present holders Of coal and other
mineral lands.
It has been determined by the Pres
ident and the department of justice
to carry the cases to higher courts
to the Supreme court of the United
States, il necesary-in an effort to OBJ
tain a reversal of Judge Lewis decis-
ion. Such action is rendered posi-
BILE by the government by the law en-
acted by congress last year permit
ting the United States to take an ap-
peal in criminal cases.
In his decision, Judge Lewis reflect
ed the popular opinion in the Western
states that it is no fraud to acquire
public lands in the way by which they
have been acouired for MANY wears
notwithstanding what the statutes may
say He holds that the people who
obtained the lands We're guiltless of
any fraudulent intent and that it is
absurd to maintain that a man who
enters upon public lands and meets
in general way. the technical re-
qurements shall dispose of that land
as he may see proper.
Both the government and the COM
panies which have come into poss-
ession of valuable lands will contest
the cases to the last, and, as tons OF
millions of dollars are involved, the
fight promises to be historic. Unless
the government should succeed in OBJ
tanning a reversal of Judge Lewis de-
cision the entire policy of the United
States as to public lands viii be over
thrown. II may be understood, there
fore, that the issues to be joined in
! the cases are vital,