The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-11-17

prccuration OF title for the benefit Of 9TH
Crs., IS Pac. Rep. 32L
Were the la wotherwise, of what
avail would be the coal land laws TO
any but the rich! Nor is there any
thing i'm the law that prevents person
purchasing land from the government
with a view 10 thereafter profit by such
purchase 10y the sale OF the land later
10 another, as was stated by the su-
prcme court of the United States IN
the Budd case above referred TO:
Montgomery might rightlully so or
send into that vicinity and make known
generally. or TO individuals. n willingness
To buy timber land at price IN excess
or that which IL would cost TO obtain II
from the government. ana any person
Knowing OF that offer might riGhtiullN 90
To the land office and make Application
and purchase Il timber tract from TIA" gov
ernment. and the facts above suited point
as naturally T." such a state "i ailalts as
t. a violation Of the law by definite agree
mcnt prior TO any purchase from the GOV
crnmcut-point TO ii even moro naturally.
for no man Is presumed 10 do wrong or
10 violate the law. and every man Is pre-
surucd 10 know the law.
And in the case Of Annie NJ. Dona.
hue ct al. - Land Decisions, 349. IT is
held;
\ timber and stone cash entry made
under the act OF June 3. 1919, made IN
good faith for the entrymans own benefit.
without any intent or contract that II
shall inuvc TO any other person even
though made with tho expectation ot
pronting by q sale OF tho land. is not AN
cnry FOR speculation within me mean
ing OF that term as used IN snid act.
The article put forth IN the press
apparently cmanaing from the Office of
the district attorncysimplics that imme.
datclv after the entries involved IN the
ease in question were made. same were
transferred TO Mr. G. NJ. Freed. The
facts I'm the ease. however. are, that
Mr.. {. NJ. Freed did not purchase the
lands referred To from the enirNmen
until about six months after the same
had been purchased by the cntrymcn
from the government. aud mark well,
that after the lands had been offered
for sale 10 him. he sought an interview
with the honorable district attorney and
asked 10 be advised aS TO whether or
not he could properly and lawfully
purchase said lands without violating
any law. The answer he received. after
said attorney had looked up the matter
i'm his presence. was in the Affirmative.
Mr.. Freed also called upon the regis
ter and receiver of the United states
local land Office and stated his position
TO both of said gentlemen and they
both advised Mr.. Freed that he could
lawfully purchase the lands. which he
subsequently, did purchase.
The respective cntrymcn of Their own
free will aud violition called AT Mr.,
Freed s place Of business and there
concluded their individual transactions
with him in person, but the suspicious
circumstances in the minds of the most
learned gentlemen before referred 10
was the fact hat the money with
which some of the cntrymcu had paid
the government purchase price, mad
been borrowed from a gentleman who
was a relative Of Mr. Freed. through
marriage.
In the night Imagining some fear.
How easy is a bush supposed a bear
I'm every instance the mortgages civ.
en- for the purchase price Of the lands
were promptly recorded with the county
recorder OF Emery county. so that cN-
cry act and thing that was done in con
ncctior with the making of said entries
and as TO where the money was pro
curcd. was made Il matter of public re.
cord MT the time. aud there was nothing
connected with the transaction that
wouId require the services of Shcr-
lock Holmes in order 10 cuiightcn any
one i'm the promises,
If is insinuatcd that because the en-
trymcn paid the land Office with their
respective certified checks, il implies
wrong ] always insisted upon clients
furnishing certified checks 60 pay for
Government land. because the land olhcc
would not accept any other KIND. and
because | did not want 10 carry loose
cash i'm my Office over night. and be
cause the land Office at the time and for
wears prior thereto. never gave Il re.
ccipt for u day or more after the money
was received. and the check served the
purpose of receipt
/ do not want 10 dctract one lola
from the credit due the Sherlock Holmes
who Was detailed TO work up the facts
i'm the case for presentation 10 the grand
iurv. who with his keen instinct, hard
worl; and determination TO get at thc
facts discovered that Il mortgage had
been given IN each instance for the Dor.
Irowcd money aud promptly placed of
record upon tho records of Emery coun-
| tv. evidence most convincing hat the
Imoncv was borrowed. and hv quiet and
Icarcful investigation. Sherlock dlscov.
cred that each rntrNman had turned
lover 10 the land Office n certified check
. from the bank for the purchase price
! Of fhe land OF this he had positive
proof becauSc he had seen the checks,
| aud even though thc checks could not
be produced, he knew and everybody
! knew that the land Office would not ac-
/ ccpt checks which were not certified,
| Uavin" discovered the mortgages of
| record, with that far'seemg insight born
of great experiences, the conclusion
! forced itself upon his mind that money
! had been borrowed. and since il was
| paid To the land Office bv certified
checks. he could clearly see that IL must
! have been deposited in the bank TO the
credit of the individuals whose checks
were rcrti flied and again bringing TO hlS