The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-05-16
Two Important Events in
EdahO's judicial History

The past week has brought about two
important events IN Idaho 5 judicial
tnot political) history worthy of more
than passing mention.
One is the circuit court of appeals IN
California dismissing the land fraud
case against Charles Robinett OF Lewis.
ton; the other the refusal of Federal
Judge Dietrich to continue the land
fraud cases against j. b. west ana l.
y. Smith of Lewiston.
About four years ago, while Judge
James II. Beatty was federal Judge Tor
Idaho and Norman NJ. Ruick United
States attorney for Idaho. these men
were Indicted for land frauds.
Along with them several other men
were indicted Robinett, alone with
Kittenbach and Koster. also of Lewis
ton. were tried and convicted by Jury
of twelve men of the northern district,
their cases being tried before Judge
Dietrich, successor 10 Judge Beatty, At
toruey Ruick Representing the govern
mcnt.
Shortly after these convictions 7. ~.
Smith and j. b. West. the former
prominent attorney of Lewiston aud
the latter Il former register OF the
Lewiston land Office. were Indicted by
federal grand jury of the northern
district of Idaho. each being charged as
coconspirators with those convicted
men
Thus the circuit court of appeals and
the federal court, sitting again III the
northern district OF Idaho, have tins
week set aside the work of the federal
court and the federal grand jury of
the northern district.
About four years ago and during
the term of eX-Federal Judge Beatty and
former United States Attorney Rmck.
a federal grand Jury. sitting III Boise
in the southern district of Idaho, found
indictments against some twenty men
and women for land frauds, IN colusion
with the Barber Lumber company. a
large Wisconsin corporation operating
extensively in Idaho, the head officials
of the concern being also indicted.
After the resignation OF Federal
Judge Beatty and the succession. of
Federal Judge Dietrich, two other grand
iuries indicted nearly all OF these WON
en- and men. including the head officers
OF the Barber Lumber company, aud
with the exception of Senator Borah,
who was tried and promptly acquitted,
all the others indicted by these several
federal grand luries of the southern
district of Idaho escaped even the
trouble of 2 trial by jury.
These cases cost the government a
vast amount of money. the citizens of
Idaho a great deal of excitement and
scores of mcn and women who were
indicted large sums of money and much
anxiety through fear of punishment.
The government had its special agents
in the state for many months and re-
peatedly sent 10 Idaho special counsel
from the department Of Justice to aid
local council in the prosecution of these
cases.
Iu addition to all this. two federal
officials were removed from Office for
the alleged biased activity exhibited in
these land fraud prosecutions. viz:
Former United States Marshal K, r.
Rounds and former United States AT
torney \. NJ. Ruick.
No one in Idaho today who has kept
pace with these cases believes Idaho
has been free from land frauds. Public
opinion today. as ever and everywhere,
! is correct in Idaho. The ordinary lay
man docs not pause to ponder over the
| technical legal aspect of courts.
| Trees and title TO land on which these
valuable assets grow have been stolen
and the guilty ones are nonwhippod of
| Justice for the part played IN the
! thievery.
| No one cares particularly for the loss
| OF these valuable assets TO the govern
mept No particular grief is displayed
! anywhere because these many accused
! men and women arc not IN the fedora
prisons "doing nenancc' IN atone
ment TO an offended law; and few in
! deed entertain a righteous Cor unright'
! eous) Indignation that two federal Off