The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-02-24
DUMMY ENTRYMEN.

A decision made by the Z. s. Circuit
Court of Appeals through Judge W.
| b. Gilbert in San Francisco on Monday
last. is of such an extraordinary ma
| turc that one is surprised to find so
| little notice taken of it. The decision
ran specifically as to timber and stone
entries, but the same reasoning would
doubtless apply as to other entries of
| the public domain.
1t has been supposed hitherto that
| where a person might utilize an agent
or employee 10 make entries under
contract that the land when entered
would be transferred TO the person fur
nishing the money or the employment,
as soon a. title was secured. WAS an
Illegal transaction. But this decision
yalidates that sort of thing, and holds
that the Barber Lumber Company, Il
defendant in the case, arraigned for
alleged conspiracy 10 defrsud the Gov
crnment of large tracts of timber land
in Idaho by the use of dummy entry
men, did nothing contrary to law, and
clared valid, but the transfers from the
cntrvmen 10 the company are declared
regular and legal The reservation, of
course, is made that if affirmative proof
can be produced that the purchaser
has had knowledge Of fraud in connec-
tiou with the transactions. they might
be found Illegal; but the burden of
proof TO sbow affrmativcly such fraud
is on the Government, The purchaser
may have put UP the money for the
eutrymcn, but unless it can be shown
that he has directed him 10 commit
fraud, he may buy the claim with i'm.
punity and safety
The court held, under the doctrine
in the Budd case and in the Clark case,
these held TO be controlling on the sit
uation, that '''a person or corporation
desiring to acquire title TO large body
of timber lands Of the United States
under the timber and stone act NAV
express that desire TO another, and
may enter into an agreement with him
10 buy the lands upon his obtaining IT,
tie thereto; and may lend him the mon
ey with which 10 acquire title, and
may inspect and select the lands, and
that such person or corporation is not
bound to inquire into the methods by
which the other party 10 the contract
acquires title, and is not chargeable
with knowledge of any fraud upon the
land laws that he may resort to, and
that in taking title based upon the is
suauce Of final receiver IS receipts to
tnc entryman without mutual kuowl-
edge OF such fraud or Of facts sufli-
cient to put one upon inquiry, such
person or corporation is an innocent
purchaser OF the land.
the entries in question were made
By 2lO cntrymen in Boise Basin, on
Crooked river, and on Six-Four lands
i'm Idaho, The defendants were the
Barber Lumber Company, Thomas +.
Barber. Sumner 6. Moon, William
Sweet. John Kincaid Louis NJ Priteh-
ard. Patrick III. Downs, Albert E.. Pal
mer, and Horace s. Rand. They were
accused of having conspired with for
mcr Governor Frank Stcupcubcrg, John
II. Wells. and others. 10 defraud the
Government out Of this land. The
lower court dismissed the complaint on
Inc ground that there was insufficient
evidence 20 connect the defendants
with the alleged conspiracy; and now
the Court Of Appeals decides that if
t~sb , hoo = ,k.
there is still no ground for procedure
and dismisses tho case.
This decision, unless il is overrulcd
by the |. :. Supreme Court, decides