, 1912-10-03


very respectfully,
(signed) FIRED BENNETT.
Assistant Commissioner"
STATE INDEMNITY SELECTIONS.
I am also accused of having the
state select indemnity lands from thu
public domain for the Warren Live
Stock Company to rent. Answering
this: The state has selected large
areas Of land under the laws providing
for such selections, and has rented
them to hundreds of individuals-
ranchmen and farmers-partnerships
and corporations, to the mutual bene-
tit OF both lessor and lessees The
Warren Company has a smaller per-
centage in number of acres rented
from the state as compared with num-
Der of acres owned in fee simple, than
almost any other company doing bust
ness and renting lands from the state.
The state surrendered lands from
which it was receiving re rental. and
selected better lands in lieu thereof
from which it receives a regular an
nua rental as provided by law.
GOVERNMENT CONTRACTS.
The Collier article quotes a portion
OF Section 3739 of the United States
Revised Statutes, which entire section
reads as follows:
Sec. 3739. No member Of or
delegate to Congress shall directly
or indirectly, himself, or by any
other person in trust for him. or
for his use or benefit, or on his
account, undertake. execute, hold,
or enjoy, in whole or In part, any
contract or agreement made or en-
tered into in behalf of the United
States, by any officer or person
authorized to make contracts on
s., behalf of the United States. Every
person who violates this section
shall be deemed guilty Of a misde-
meanor, and shall be fined three
thousand dollars. All contracts
or agreements made in violation
of this section shall be void; and
whenever any sum Of money Is ad-
vanced on the part Of the United
States in consideration of any
such contract, or agreement. II
shall be forthwith repaid; and in
case IT refusal or delay to repay
the same, when demanded, by the
proper officer of the department
under whose authority such con-
tract or agreement shall have
been made or entered into. every
person so refusing or delaying, TO-
gether with his surety or suretiss.
shall be forthwith prosecuted at
law for the recovery Of any suoh
sum Of money SO advanced"
Now, | beg to quote the very next
section, No. 374O, which reads a. fol
lows:
Sec. s74O. Nothing contained
in the preceding section shall OK
tend, or be construed to extend. to
any contract or agreement, made
or entered into, or accepted, by
any Incorporated company. where
such contract or agreement 10
made for the general benefit OF
such Incorporation or company;
nor to the purchase or sale OF bills
OF exchange or other property by
any member of Tor delegate TOY
Congress. where the same are
ready for delivery, and payment
therefor IL made, at the time OF
making or entering into the n
tract or agreement.
Therefore 1t will be seen that the
F. e. Warren Mercantile Company, an
incorporated company which owned
the Warren Block in Cheyenne. had .
right to rent a room therein to the
Government for postoffice purposes.
And 1t will be further seen that the
Cheyenne Light, Fuel and Power Com
pany, an Incorporated company. a a
right to make a contract to furnish
light and power to Fort d. A. Russell,
.a,tra,t having haen mada purSuant
to law after advertisement for bids. let
ting OF contract to lowest bidder, and
the insertion in contract, according to
law, by the proper Government officer,
of a clause providing that the law. so
far as II relates to members OF or dele
gates to Congress, is not to be CON
strued to extend to this agreement"