Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-01-01
Strong Objection to Legalizing
Dummy Entry System.
POSITION OF THE LAND OFFICE
Intimation that Bureau Partly Agrees
with Court.
NEW. CHARGES TO BE FILED
some of Men Released Are to ne
Accused of Perjury in Making
Descriptions of Lands
Taken.

WASHINGTON. Dec. 3i.-At the LA
cabinet meeting Of the year 1907, held today,
the decision was reached by the president
and attorney general that the government
Will use every means in its power TO bring
about in the higher courts disapproval of
the decision rendered In Colorado by judge
Lewis that there is no law against citizens
agreeing in advance to purchase coal or
other public lands that may be acquired by
others, under what is known as the dummy
entryman system.
Attorney General Bonaparte said after
the cabinet meeting that 1t was fortunate
that congress last year passed law Civ
ing the government the right to appeal In
criminal cases, as undoubtedly the gov
ernment would appeal to its fullest extent
against a decision quashing indictments
against men charged with illegally ac-
quiring coal lands.
Position of Land once.
The commissioner of the general land
office said today that his department had
not initiated the land fraud cases which
have, save in few instances, been dis
missed by Federal Judge Lewis at Den-
yer. Although the land office is CO.
operating in every possible way with the
department Of justice I'm bringing fraud
ulent entrymen to Justice the Interior
[ htidA Allitlt lldl ubAllllb 20 uO Win nilHk~
ing the indictments which have been
| quashed, and there are intlmations that
| the latter department partially agrees
| with Judge Lewis in his ruling that the
! persons accused of Illegally acquiring
| lands cannot be held under the indict-
ments as drawn, at least as they apply
| to violations of the timber and stone act.
1t is understood that the land office Is
| about ready to call from sixty TO eighty
violations of the land laws in the Colo
RADIO region to the attention Of the grand
| jury Some of these may involve a num-
| ber of the very persons whom Judge
Lewis has discharged Commissioner
Ballnger holds that 1t Is specifically pro-
! ided in the act of 1878 that the claimant
| Of land must make a showing at the
time of the application that he does not
take the lands for the benefit OF any
other person. Under the statute lie doea
not have to repeat this at the time OF
proof. although the department calls for
| a showing of this kind at the time OF
proof in order to obtain all evidence pos
sible indicating the good or bad faith ht
the time of application. In other words.
it is held that man may change his
mind as t0the disposition OF the lands he
seeks to obtain from the government.
wnI Charge Perjury.
The new cases which the land office
win bring are largely built upon perjury
and falls allegations as to character OF
lands. special officer OF the land Of
flee is busily at work at Denver on these
cases and is acting entirely Independent
of the Department of justice.
Commissioner Ballinger said today that
he had not examined the decision OF
Judge Lewis in regard to the coal entry
cases which have just been dismissed, hut
he asserted that his department had moth
ing whatever to do with the prosecutions,