The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-10-02
WICKERSRAM ISSUED
ORDER OF DISMISSAL
WheTeupon United States Dis.
tTict Attorney Decided
TO Reslga

An excellent example oA lhe st''NN
reins of the Taft administration anu
probably at the same time real side
light on the methods OF the depart
ment OF the interior under Ballingef
guidance. has come to light II TINS
state because of the resignation OF
Uni. ed states District Attorney John
Emhrv Of the Western district OF Ok
lahoma. who quit his $4,000 per an
uum iob rather than obey the inter
fe,ine command of United States Az
t,rnev General George W. Wicker
sham and dismiss land fraud indlet'
ments against Carol w Ga es, Los
Angeles. Calf. millionaire.
Gates is under two indictments "
Oklahoma for conspiring to defraua
the government of thirteen quarter
sections Of land in Hasper and Wood
ward counties. oklahoma. The lacts,
as disclosed by the testimony IN the
Hallock case. are, briefly IN lsu-
Gates hired ID. l.. Hallock, Of the state
ot Nebraska, to come to Oklahoma anu
manage his ranch PAVING Hallock Si-
500 per annum. The Gates ranch
numbering many acres in northwest
. e~n oklahoma enclosed number OF
| sections Of government land the
commissioners OF the United States
: land office began a Systematic hghf
Ia compel the western cattlemen %
take their fences from around govern
ment lana. The Gates ranch stood 70
lose mucn oil its pastnrage
n Imported School Ma'ams
ii Hallock. the Gates ranch sunerln
v lendent imported number Of Kansa.
schoolmaams into Oklahoma and II
ed them as homesteadefs on the sof
H arnment lands within the Gates renee
IL lie paid all their expenses and CAV
of them 5000 net for each duaftef-see
!. iap filed, and as soon as patents wer
lssued these lands we're conveyed 7
en- Gates For these fraudulent practices
lal uatent on their face, Hallock was y
dlcted and at term OF the 1909 tee
ke aral courts found guilty on five eoun
nd and sentenced 10 three years ana
Ter heavy fine. The millionaire Gate
ng was so well hidden by his agent, la
In. 1ock. that no connection could b
to proved between him aud subornin
IN The schoolmaams to perjury. q
me r.ime for which HalloclS was conyic
lch ed United States Attorney Fmpl
ate then got Gates indicted for obtainH
en- government lands fraudulently
~ ~ Wickersham lnterteres n
Wy Matters were only awaiting the tfi
ael 81 Gates. who was duly arrested
as His .os Angeles home when the ROO
velt administration ended. Not 10
~ after Taft's New York lawyer, WIZ
lha ersham succeeded Bonapagte as
5hl tlonal attorney general, Gates att
nef news pale & Bierer. of Gu hrie, Oh
= FILED motion to quash the Gates
leh' aictrnents haslng their motion on
ates decision of Judge Marshall in the I
iei. kell town lot eases at Tulsa, IN Wh
nv Il was held that the grand jury
10 irregulaily drawn.
~ Following the filing OF TINS mo
here. the next step of Gates must y
1pss been 10 take the matter up with z
Z y clals al Washington for II ie'iE
i'''A even as far ais Oklahoma that ne
4 { Offered to re urn all lands fraudul'
lpihr Il obtained from the national dom
~ il the criminal indictments were
missed This compromise seems
lass have been fayorably received py
a'..s Washington land Office, and Attof
'uos 's Genetal Wickersham aequlesced
- their views and SO informed DIST
"'' Attorney Emhry OF the Oklahoma
n eral courts.
II Cited Haskell opinion
Wiekersham took the yieN mat
Judge Marshal opinion in the has
case was right and would hold IN
Gates ease also AS the statute
4.a limitations had run so long ina
'spsN tho present indictments against q
: - w we're ouashed. he would be INN
-" from further indictment or pros
= ~ lion Attorney General Wiekers
,aas didn't see any use IN trying TO pl
The cute the case.
!. ~ District Attorney Embry tool
! different view and forwarded
-. Wickersham brief IN which ne
,,a9 tended that the indictments W
H. stand and that there was good {
AMI ing chance that the millionaire
es of fornian would be convicted. he
,nt az strong stand against complom
enari sucA case, and pointed out that
nrsite II the inuie ments should not De
Il M they would still have the light oE
y, i action for the recovery Of the lal
IN pursuance OF his duty Nr
hrv then brought civil action ~
Gates for the recovery OF thirteen
Ter sections of land which had
ffaudulenfly homesteaded and
- en-. ferred to him
te and Embry Resigns
n den Standing by the department q
,ugh Interior, Mr. Nickefsham stlit
same for accepting the Gates compro
,rsh nf and has assented 80 the same.
81. 4 eruerinr = nsefrfei AfFo -nev ~
mnnav what he SAYS goes. Einhrf s
! noon much about fhe affair and iiaalls
weeks ago notified Washing II