Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-03-17

This case IS vastly ulHtiShe Aio'H
any OF the other land fraud cases
ever prosecuted by the United States
in that the indictment did not charge
the defendants, or any of them, with
having actually acquired title to any
Of the government lands.
To sustain this contention, Mr..
Wolfe cited the case of Dealy VS..
United States, in which the supreme
court of the United States held that
UNLESS the conspirators contem-
plated the doing of all acts necessary
to divesting the government of It's
title, crime was not charged"
Counsel also contended that the
fact that these defendants may have
secured persons to make entries Of
desert lands and at the same time
have secured from these persons an
agreement by which the entryman
would assign his entry Immediately
on securing the same, that that fact
did not amount to violation of any
law of the United States.
He called attention to the different
land laws and their requirements and
limitations. The homestead law re-
quires the entryman to make affi-
davit. when he files that it is for
the purpose of actual settlement and
cultivation and not directly or in
directly for the use and bene-
fit of any person" At the
time Of making final proof he must
make affidavit that no part Of said
land has been alienated except as
provided in Section 22S8," which is
for churches, cemeteries, etc.
The timber culture act requires
an affidavit by the entryman that
the entry is made for the cultivation
of timber for the exclusive use and
benefit of the applicant; that the ap-
plication is made in good faith and
not for The purpose of speculation.
or directly or indirectly for the use
and benefit of any other person or
persons whomsoever."
The timber and stone law requires
the applicant to make oath that he
does not apply to purchase the same
on speculation, but in good faith to
Appropriate it to his own exclusive
use and benefit, and that he has not
directly or indirectly made any agree
ment or contract in any way or man.
ner with any person or person, by
which the title which he may acquire
from the government of the United
states shall innure in whole or part
to the benefit of any person except
himself"
The desert land law requires the
entryman to file an affidavit stating
that he intends to reclaim tract
of desert land not exceeding 800
acres by conducting water upon tho
same within the period OF three years
thereafter. The act also provides
that on final proof being satisfac
tory. "a patent shall issue therefor
to the applicant or his assigns
In all Of the land fraud cases, thu
courts have held that the frauds wer'
committed by and because Of a vic
lation of these various requirements
and because these limitations wer
placed upon the various entries. Il
one case the court held that if thi
statute did not prohibit the sale O
= land acquired under a timber cultur
/ act it was no crime to make sue
{ sale, even although the sale was
3 violation of a rule of the secretar
E of the interior requiring the entry
D man before final proof to swear tina
b he had not sold or agreed to sci
S Declaring that the department coul
z not place limitations upon the right
S of entrymen which were not place
d there by the law.
o Secretary Hoke Smith in a lett
d to the commissioner of the generi
land Office, in the matter of Fred v
r. Kimble. 20 L. d. 20, used this lai
Il guage Congress contemplated q
n assignment of these desert entire
j The object of making this class
y entries an exception to the unvar
l. ing except as to coal lar
y entries can be readily understoo
d 1t is a matter of common knowledi
Is that the effecting of a thorough
It SUFFICIENT reclamation Of desert lai
rs in many instances involves the ere
1t of permanent dams or reservoirs +
N the purpose Of storing the water
e. the season when at food, and &
construction Of canals for carryil
he the water many miles in leng'
From these canals lateral ditch
is must be run to the particular tra'
n to be irrigated. All this means p'
Mt manent structures on exact grades
4 AZ