Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1909-12-09
NOT RESPONSIBLE
FOR OTHERS
AssIGNEEs NOT RESPONSIBLE
FOR OTHERS ACTS.
Important Ruling BY Land ONCE in
the Contest Case of United
States VS.. Rogers.


should not be made to pay the pen
atty of some possible fraud that may
have been committed without his /
knowledge or assent, rule the reg +
lister and receiver of the local land /
Office when they recommend the dis
missal of proceeding in the contest /
case entitled, the United States VS.
Ellie Flewell and Charles e. Rogers /
involving a desert entry described
as lots and 4, the south half of the
northwest quarter, section 4, town
ship south, range east. In re-
viewing the case and giving their de-
cision the register and receiver say:
This entry was made December
10. 1907. by Efhe Felwell, and was
assigned to her on October %, 1908,
this Office was instructed by the COM
missioner of the general land Office
to proceed against the entry on
charge preferred by special agent
as follows:
THAT the entry was not made for
the purpose of irrigating and re-
claiming the land, but was made at
the instance of and for the benefit
of Fred B. Daniels, agent for the
Great Western Beet Sugar Company.
"When the case came up for hear
.ng, the government presented the
testimoy of Efie Elewell. She tesl.
fed that Fred B. Daniels solicited her
to make this entry, agreeing to pay
her $500 for the assignment. He
took her to the U. commissioners
Office and there the papers were ex-
ecuted. subsequently, she was paid
the $500. On cross examination it
developed that she had executed two
assignments. One soon after making
the entry, this being in blank, the
other to Mr.. Rogers. several months
afterwards. The assignment to Mr..
Rogers was made at the request of
a representative of the Great West
ern Beet Sugar company.
Assignee Acted i'm Good Faith.
"Chares E. Rogers. the assignee,
testified he secured this assignment
through the Great Western Beet
Sugar company. and had nothing
whatever to do with Daniels in the
matter. He further testified he
cleared 100 acres of land. plowed
half of the 100 acres. built miles
of irrigating bitches to bring water
to the land. and constructed 2h
miles of bitches upon the land He
also purchased a water right from
the Great Western Beet Sugar COM
pany.
The record of this case shows very
cleary that the assignee acted in
entire good faith; that he had no
knowledge, whatever, of any fraud
but believed he was adhering to the
provisions of the law. 1t is further
shown he has proceeded with the
work of retaining the land and has
made a large expenditure in con-
nection there with. There is much
in the testimony offered by the gov
eminent to suggest that some one has
been guilty of fraud, but there is
nothing whatever to convey the
slightest impression that this assignee
had any part in, or knowledge of such
fraudulent purpose. In view of the
fact that the testimony offered by the
only witness introduced by the gov
eminent is fatty contradicted by the
man whom she claims induced her to
make the entry by agreeing to pay
for the assignment, we feel that this
assignee should not be disturbed in
his possession of the land. The pur.
pose of the government under the
desert land law is to secure reclama.
ton of the land and unless it be full.
~ and clearly proven that an entry
was fraudulent in its inception. we
do not think an assignee who has
proceeded in good faith and made q
large expenditure, should be deprived
of the property Of which he has taker
possession. under such conditions
and proceeded to improve. The cas'
of the government rests upon the
testimony of Mrs. Flewell, which il
emphatically contradicted by that o
Mr. Daniels. Unless we could diverg'
far into the realm Of assumption, We
could not hold that the government
has proven its case far beyond a rea
sonable doubt that cancellation of thu
entry would be justified. We mus
take this report as it stands. We fine
it does leave a doubt upon the cor
! rectness of the charge and we there
q fore hod that the assignee should b.
made to pay the penalty Of some pos
r sible fraud that may have been com
mitted without his knowledge o
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