Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1909-04-15
TITLE TO PUBLIC
LANDS IN DOUBT
SpeCuIatIOns In Government Lands In
This County Investigated by
Government

cedent in decisions handed down yes
terday which. if sustained by the
secretary of the interior, will result |
in the loss of thousands of dollars to /
assignees who have been duped by !
desert entrymen or irresponsible |
promoters of irrigation projects.
These cases are an echo from the OPP
erations of John H. Garrett in the
vicinity of Mountain Home and the
first involving the questions at issue
presented at the local land office;
In substance it is held where an as
signee received an assignment of an
entry acting in good faith, and it lat
er developed that the original entry
was not valid by reason of the fact
that the entrymen had never visited
the land. or for some other reason, the
entry shall be cancelled. In the
cases involved the assignees had each
paid large sums, it is alleged, to j.
H. Garrett for water rights on the
condition that he would secure for
them assignments of valid desert
claims. The entries>are ordered can
celled on the grounds that they were
not made in good faith by the orig
inal entrymen.
The government was the plaintiff
in each contest. Entries recommend
ed to the department as void are as
follows: Charles Schalkenback, as
signee of George Wood, west half of
section 8, township south range 6
east; Charles E. Jones assignee OF
Emma j. Lamphear east half of
section township south range 6
east; Charles M. Farrer assignee OF
Cyrus Carr north half of section FL
township south range 8 east.
Testimony in the Schalkenback and
Jones cases was given to the effect
that five entrymen including the con-
testees paid Garrett the sum of $2l, 600
on the occasion of one of the pro-
moter's visits to Seattle as the pur-
chase price of water rights for desert
entries.
The Schalkenback case was insti-
tuted under the direction of the com
missioner of the general land Office.
1t was alleged that the claimant
George Wood. did not make the en-
try in good faith, for his own use
and benefit, but for the use and bene-
fit of Fred B. Daniels, who paid hin
500 for making the entry and fol
the assignment thereof.
The decision by the register and
receiver, in part, follows:
"Contestee, Charles Schalkenback,
assignee of Wood, filed an answe
denying the allegations and asking
for a hearing, which was held Apri
3. 1909. At that time his attorney
John F. MacLane, and the specia
agent representing the government
entered into stipulation of facts.
''It was show that George Wood
the entryman, made the entry OF
the solicitation of Fred B. Daniels
member of the firm of Daniels
Colthorp & Co.. real estate dealer
and that he was paid the sum of $40
for so doing. After he had receive
the money he executed an assignmen
for the land. Contestee Schalker
back. in company with others, me
John H. Garrett. manager OF Tn
Great Western Beet Sugar Compan
in Seattle, Wash, prior to making c
this entry. These persons entered II
tn written agreement with Garre'
under which he undertook to furnis
them valid assignments of valid er
tries conveying a tract OF land
which the tract of land embraced
this entry is part, and they pul
chased from him water rights for tt
land.
at is further shown by the stip'
lation that this contestee and his a
sociates were ignorant of the fraud'
lent nature of the entry and were ac
ing in good faith. 1t would tn
seem that this contestee was thew
tim of designing men who procure
the making of fraudulent entries al
the fraudulent assignment thereof
4 persons from whom large sums we
eollected for water rights.
sWhile it is apparent that Garre
must have knowingly committed fra'
in conneo ton with this matter. a.
! while it seems that the contestee W
y the innocent victim thereof, we
not called upon to pass upon that poi
in connection with this case
sThe sole question coming to
- ..aIidi4.r Of the anf