The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-03-03
Friar Land Scandal Charges
Exploded by Probe Committee
Continued From Page one.


of any improprieties in the manage
ment of the Philippine islands, and
describes them as able, earnest, pa
triotic men, honestly performing their
duties under more or less trying cir
cumstances."
Reviewed at Length.
The report reviews at length the
alleged violations of laws governing
the sales of land and the issuance of
leases, and lays its principal stress
upon the intricate legal problem in
volved in the question of the status
Of the so-called "friar lands" which
were purchased by the Philippine gov
eminent from the religious orders,
with funds raised by a bond issue.
Radical differences of opinion have ex-
listed as to whether these friar lands
were governed in the matter of sales
and leases by the restrictions clearly
imposed by the organic" law Of the
islands upon transactions concerning
the public or crown lands purchased
by the United States government from
the government Of Spain.
Representative Martin of Colorado
precipitated the investigation now re-
ported upon, by various charges made
on the floor of the house in the latter
part of the session of 1909-10, in which
he alleged improper sales and leases
Of the friar lands, especially to per-
sons who, he charged, desired the land
for the benefit of the so-called sugar
trust. And so, while the report under
takes to refute a number of charges
connected with the sale and lease OF
lands in the islands, it is devoted
largely to discussion Of a transaction
by which one E. Poole bought $4,000
OF the 400, 900 acres of the friar lands.
Representative Martin contended
that under the "organic law of 1902
which gave civil government to the
Philippine islands, and which defin-
itely limited the amount of public"
land that might be sold to individuals
and to corporations, Poole could law
| fully obtain only forty acres as an in
ividual, and only $500 acres as rep
resentative of a corporation. With
this contention the majority of the
committee explicitly disagrees; it con-
cludes that the "friar" lands were not
subject as a matter of law, and ought
not to be subject as a matter of prac-
teal expediency, to the restrictions
upon public" lands In support OF
this position as to the legal status OF
the friar lands, the report cites opin-
ions of George r. Harvey, solicitor
general approved by Ignacio Villamor,
attorney general; Louis G. knight, at
torney for the bureau of public lands,
of the islands; and Of Attorney Gen
eral Wickersham: and includes also
a controverting opinion by Moorfield
Storey of Boston. The point here made
Is that the Philippine officials in their
course were abundantly sustained. and
were bound and guided By, the opin-
ions of the law Officers of their gov
eminent. The transaction of Poole,
to which the larger part of the dis
cussion is addressed, was the pur-
chase of the ''San Jose estate
The San Jose Estate.
'There has not been disclosed" the
report says OF this transaction, "the
slightest irregularity or improperly on
the part of Dean G. Worcester, the
secretary of the interior; Capt. Charles
Fl. Sleeper, the director Of the bureau
of lands, in the Philippines the war
department. or the bureau of insular
affairs at Washington or any other
official either of the Philippine gov
eminent or the United States govern,
ment in connection with the purchase
or sale Of the San Jose estate. 1t was
a perfectly plain and square business
transaction. Even if 1t shall be de-
termined that the law prohibited the
sale Of more than forty acres, the Of
ficiaIs who made the sale cannot be
blamed, as they acted in pursuance
of legal opinions which they were in
duty bound to accept. But what is
the law"
The report then discusses at length
the intent Of the law and arrives at
the conclusion that the organic act
of 1902 with it's provisions in regard
to public lands does not apply to the
friar lands.
The Carpenter Lease.
The report speaks also of leases OBJ
tanned by Frank w Carpenter, ex
ecutiye secretary In the Philippines,
and of his compliance with an execu-
tive order for government employees
TO secure permission from the governor
general in order to engage in bust
ness.
"Tn leasing this land" says the re-
mort. aMr. Carpenter acted entirely for
himself. no other persons directly or
indirectly being interested with him.
he holds the position of executive sec
retarv but his official duties are in
no way connected with the admins
tration OF public lands or friar lands.
He has no control over them whatever
and no voice in their management
The agreement with Mr.. Carpenter
seems to have been nightly satisfac-
tory to the Philippine people.
Three California corporations have
acquired public land in the Philip
pines the report says in conclusions
aand the stockholders in these com
panies are all relatives or friends Of
Charles j. WEIGH, one OF the pur-
chasers Of the San Jose estate and