The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-28

In most cases where the issue is the
power To enforce rules laid down by the
secretary OF agriculture, II has been held
that he has that right" declared United
States District Attorney e. H. Lincen-
fclter. who viii defend the indictments
returned against the defendants on be
hall OF the government This is partlc-
uarly true in the cases Of Bastcrderdne
and Domingo, both OF the Ninth dis
trict. The rules OF the secretary do not
nN the penalty for violation. This is
provided Tor by an act or congress and
heretofore has always been followed. the
defendants being dealt with under the
provisions OF the act. Most opinions
which have been handed down on parallel
cases uphold the right OF the secretary
OF agriculture To enforce his rules, but
there ave some which do not"
Idaho's Land Claim.
Denial Of the interior department ,hat
The state OF Idaho is entitled 10 SI5 000
que on Il . per cent basis from public
lahu SnlrS in This state covering a pc
riod from the admission into statehood
I'm 1880 10 1899. has only urged Gov. James
~. Erady To insist on a vigorous nspec-
ton OF The state records TO ascertain
where the money went TO il paid and il
not on what grounds the interior de-
partmcnt has based it's denial. Tho net
result has been that. regardless OF whcth-
or or not this amount is unpaid there
is stun due the state approximately SIS 900
due from the government as representing
. per cent OF the scrip and cash payments
cral government
Upon the heels OF Idahos demand on
the co'fers OF the national treasury comes
the statement from State Treasurer Hast
iuss that he has located the moneys re-
ceircd on the per cent ba sis for land
sales during period cXtcndiAg over
1892 10 1898. which had been sand
wlched' into the records OF the office
under various accounts. Hints at mis-
appropriation are made but these are
scofed at by state officials. who believe
state and the government Is due entirely
TO a misunderstanding That some one
blundercd they are willing TO admit
Governor Brady took the initiative in
mcnt what he believed was Just claim
amounting TO SO 900, due as per cent
OF the proceeds OF the sale OF public
lands that had not been turned over for
the benefit OF the public schools as pro-
vIded for in the enabling act, and that
The state was being deprived unjust)y OF
a large sum of money to which 1t was
justly entitled With view OF starting
off the individual members of the Idaho
congressional delegation on the scent OF
the missing funds. he wrote them per-
sonal letter setting out the facts. \ few
days ago Senator Hepburn replied stating
that so far as he had been able 10 as
certain this state had received every
penny that was due as representing the
. per cent, and II there WAS no account
ing for IL. the state books must be in
error. II was through this letter that
the state treasurer was able To locate the
'Sandwlchcd' accounts.
This would have closed the chapter
were II not for the inslsteucy OF the chief
executive. who. still believing that he
was in the right. at least In part. de-
manded a further Investigation for which
he was we'll repaid. as IL was discovered
cash payment has not been made 10 the
state by the government covering "A pc
Rod Of twenty years Of > per cent OF the
sab, OF public lands on which scrip had
been used In addition thereto. claim