davidaulloa/AmericanStories huggingface dataset:
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10
SENATOR II WALSH SWEEPS AWAY ARGUS RAVNGS
Montana Letter Regard Publication Final Proc
Notices And Followed Here
publican Organs Anonymous Lawyer Completely Rest
Washington, D. c., Feb. 9, 1914.

Washington, D. c., Feb. 8, 1914.
Senator T. ]. Walsh, having had
called to his attention the efforts of
certain Republican newspaper to raise
wholly false issues in connection with
the publication of final proof notices,
today mailed letter to all of the reg
listers in the state, in which he de-
nounces in unsparing terms the hypo-
critical outcry of such sheets as the
Fergus County Argus. The senator's
letter, coming as it does, from one of
the most profound legal authorities in
the United States, should set at rest
all doubts as to the legality of notices
published under the direction of Reg
lister Kelly of the Lewistown office.
Senator Walsh's letter to the Lewis
town register is as follows:
United States Senate, Washington,
D. c., Feb. 8.
To Hon. H. J. Kelly, LewistOwn,
Mont. Dear Sir: The matter of the
distribution of what is spoken of as
land office patronage is just now re-
ceiving much attention from the press
controlled by our political antagonists.
~ 10 OUNlOu0 tAdC a COuNOAI IOu CAOAt ID
in progress to blow up q tempest in a
small teapot. Deprived Of the susie
nance which it has afforded them for
SO many years, some of the Republt
can brethren regard with evident ir-
ritatiOn the observance of the rule
from which their party, when in power,
never swerved, to give the preference
among two papers, equally entitled
otherwise, to that which is politically
in harmony with the national admins
tration. In that state of mind it is to
be expected that the significance of i'm
rortant facts bearing upon the case
will be overlooked or minimized, false
hood given the semblance of truth and
even deliberate Misrepresentation re.
sorted to. 1t is, in view of this condi-
ton, particularly essential that you
should exercise extreme care to see
that no just cause for criticism of
your official acts arises in respect to
any designation you make of newspa,
pers in which publication of notices
issuing from your office is to be made.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10
Here Is the Law.

The homestead statute, after which
the others in relation to publication
are modelled, requires that notice Of
final proof shall be published in a
newspaper of established character
and general circulation published near
est the land" to be designated by the
register. This imposes a plain duty
upon you, for the wilful disregard of
which neither assumed political neces-
sity nor party advantage nor the evil
example of those who now venture
with SO much rancor to criticize af.
fords either justification or excuse. On
the Othre hand you ought not to be
swerved from the course which the
law points out to you by dread that
your motives or your conduct may
suffer aspersiOn from self-appointed
censOrs, smarting from the sting of
political reverses and consequent busi-
ness loss. The paper published near
est. the land" is not necessarily en-
titled to notices in reference to it. In
addition to meeting that requirement,
It. must be "newspaper"-note d
inewspaper-and not only a newspa-
per, one that publishes the news, that
is, a reasonable amount of news, but
it must be newspaper of established
character and general circulation" 1t
is your duty to determine fearlessly
whether any particular paper is of "es-
tablished character and general circu-
lation" and to award or withhold des-
ignating it as the medium of calling
public attention to the application, as
you shall find. If two papers cover
the same field, as, for instance, If they
are published from the same town, you
are at perfect liberty to select which
ever you may prefer for any reason.
If you select one because you find its
policies more to your way of thinking
than the other, you are acting not only
within your rights under the law, but
with pursuant to practice univer-
sally observed.
Complaint Is GroundIess.
The neglected rival has no ground
for complaint on it's own account and
animadiversions made professedly on
behalf of others not so situated may
well be regarded with some degree of
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10

date OF protest; and If either of said
papers has been denied, or has never
applied for, entry as second-class mat
ter IN the postoffice at the place OF
publication, that tact should be stated"
keIly's View Sustained.
You will be entirely justified in re-
quiring IN advance showing of like
character before designating any par.
ticular paper and in declining to as
sign any notices to it until 1t shall
comply. DO not permit yourself to be
disturbed by frantic asseverations Of
the casting of cloud upon the title
OF the hOmesteaders or others by des-
iganting some paper other than the
one published nearest the land. The
humber of instances in which proofs
have been rejected because the paper
in which the notice was published did
not meet the requirements of the stat.
ute are SO rare as to be negligible.
The harm that has come to entrymen
from the rejection OF proofs on that
ground is not to be compared with
that which flows from the alarm oc-
casioned by causeless, sweeping dec
laratiOns of tainted titles.
The Only Effect.
~ - uOI W NC uOuUlcu lildl SUCH
reckless and wholesale denunciation
as has been indulged in is calculated
tC make capital timid and to render 1t
increasingly difficult to borrow money
on the security or to sell property, the
title to which rests upon receivers
receipt only. A course so wanting In
patriotism and public spirit ought to
be condemned and denounced. The
law gives an easy remedy to the paper
claiming that an abuse is practiced to
it's loss.
AS is predicted above, it would com.
mand itself more to thoughtful pub
lie by appealing to the easy and in
expensive procedure provided by law
to establish its right to be regarded
as the proper medium of notice in any
particular case than by crying it's
grievances or having others do SO
from the house-top, inspiring ground
less fears In those who happen to be
interested or who care to buy or pro-
vide means for the improvement of
lands affected. ] said the instances in
which proofs have been rejected be.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10
ARGUS SETTLERS REAL ElENYS PET FA[SEE0OD EXPLODED
To Make Political Capital And hme Congressman Stout Register
Kelly And The Fergus County Democrat Organ Continues
Its Campaign Of Lies And Misrepresentation.

marketing of farm loan mortgages in
the east and is exerting>a depressing
effect upon the sale of farm property
generally in all this section. Thus a
wholly unnecessary burden is grace.
fully dumped upon the loan companies
by the Ishmaelite editor of the Argus.
Reaction Is Felt.
But the reaction is beginning to be
felt. Homesteaders who have made
inquiry have all been Immediately re.
assured and finally the only inquiry
that will remain will be as to the mo,
tive that inspired the Argus to enter
upon it's great effort to deceive the
settlers. Then it will be discovered
that this motive was purely to make
crafty the vanity of the exaggerated
TIMES of the Argus.
Called Down by TaIIman.
1t seemed that the Argus, in it's is
sue of Jan. 80, had about exhausted
its resources of lies and misrepre-
sentations, but those who supposed
this to be the case had not counted
upon the capabilities of the Argus in
the gentle art of SANDER and decep-
tion. It returned to the assault with
renewed zeal in its last issue, which
contained, among other gems, the fol-
lowing deliberate falsehood:
Commissioner Tallman, of the gen.
eral land office, has declared illegal
hundreds of final proof notices pub
lished in the Fergus County Demo.
crat."
This statement, exactly as printed
In the Argus, was wired to Washing.
ton by the Democrat and placed be-
fore Mr.. Tallman, who made the fol-
lowing comment:
mo such statement was ever issued
by me or by any other person in this
office and 10 utterly and unqualifiedly
untrue"
The only statement of that kind ever
given out was manufactured by the
Argus out Of whole cloth, without the
slightest shadow of foundation. The
allegation that it was ever issued by
the commissioner is given the lie d.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10

must transact the governments bust
ness as you would your own. If yo,,
would not regard a paper as a safe
medium to advertise the sale of your
own land, If you were disposing of it,
the terms and conditions on which the
government alienates it's land, yo,
ought not to make it the agency
through which notice is given to the
world of the effort to appropriate what
belongs to the public. The persistency
OF alleged newspapers of this type in
demanding that notices be given them
for publication has been a long. stand
ing source of annoyance to the land
department. In the year 1909 a Re-
publican commissioner of the general
land office issued elaborate instruc-
tions to registers on this subject
which he introduced with the follow
ing perhaps excusably petulant COM
ment:
From Republican Commissioner.
This office is in daily receipt of
complaints from editors and publishers
OF newspapers to the effect that their
publications are not accorded the pat.
ronage which should be bestowed up
on them, in accordance with the law
uiiu iC5uldtIOHS governing the puDHCA-
tion Of notices If intended final proofs
on entries of public lands"
The instructions express somewhat
elaborately the ideas above summar-
lied. Doubtless the circular is avail
able to you. 1t is found in 38 l.. N.
131. 1t prescribes the procedure to
be observed by any newspaper claim
in gto have been unlawfully discrimi-
mated against and requires to be SCI
out in order that it's protest may be
considered, "the relative number Of &C.
tual paying subscribers supporting the
said two newspapers, the number OF
PAPERS actually distributed in the
county in which said papers are pub
lfshed. and in the county in which the
land is situated. And the number of
papers mailed to bonifide subscribers
at the postoffice nearest to the land
to which such notice applies"
The circular continues: ut (the pro.
test) should state the length of time
during which each of said newspapers
has been actually and continuously
published, Immediately preceding the
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10

advised that the Cook-Reynolds Com
pany would not reject any applications
for loans upon final proof certificates
on account of the notice of final proof
ceing published in paper other than
the one published nearest to the land
involved; provided, of course, that
such publication was in the paper
designated by the register of the land
office. Yours truly, The Cook-Reynolds
Company BY G. w. C.
Hiiger Loan and Realty Co.
Lewistown, Mont, Feb. 8, 1914.
Fergus County Democrat, Lewis
town, Montana. Dear Sir: You are
advised in response to your favor of
even date that in my opinion final
proofs made during the last six months
before the local land office are not in
validated by the fact that the register
has designated some newspaper not
published nearest the land for the pub
licatiOn of such notices. The law vests
the register with power to designate
the newspaper in which such notices
shall be published and he has the right
to secure such information as may be
required to satisfy himself that the
newspaper has an established circula-
tion, the general theory being that the
notice shall have the widest circula-
tion IN the vicinity of the land upon
which final proof is to be offered. But
If any question arises, the register is
the Judge and has the right to desig-
nate such newspaper, and the depart
ment with its supervisory authority
would not interfere.
To make myself more clear, will
r,An AhnA IL -
would be necessary to protest an en-.
try upon which final proof has been
made by some individual which would
have to be corroborated by two wit
nesses alleging that the proof is H.
legal for the reason that the notice
was not published in a newspaper
nearest the land. This would have to
be filed in the local land office and
naturally enough the register would
reject the protest and give his reason
therefor, upon which an appeal could
be taken. and. / am satisfied that the
department would sustain the action
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10

Out of the frenzied efforts of the
Argus to make it appear that the Dem
ocrat had illegally published final
proof notices, the replies of this news
paper and the general discussion that
has followed, the real facts now stand
out clearly. The campaign of the Ar
gus is, beyond all doubt, an attempt
to make some political capital for its
party, but incidental to that is inject
ed all the venom, envy and malice OF
soured nature and poorly balanced
mind. The Argus, it is clear enough,
had no higher motive than to try and
injure Representative Tom Stout, Reg
lister Harry j. Kelly and its neighbor,
the Democrat. If it's desires had been
to really in any way serve the home
steader and it had been sincere In
such desire, it could have easily as.
certained that every publication of
final proof notices in this newspaper
was absolutely legal and did not and
could not in any way endanger the
title of any homesteader. But, as is
row perfectly clear, its sole motive
was to use big enough type, enough
space and hand out such a mass of
lies and Misrepresentation as would
compass it's real motive, hidden be-
hind its pretended solicitude for "the
poor homesteader."
What is the net result of this cam
paign of falsehood and misrepresenta-
ton carried on by the Argus?
Needless Anxiety.
The homesteaders, living more or
less isolated, have been caused a great
deal of anxiety, without the slightest
occasion for it. The Argus knows this
perfectly we'll, knows the groundless
anxiety and worry it has caused home
steaders and delights in it. For the
time being at least the individual di-
rectly responsible for it all may lay
the flattering JUNCTION to his soul that
he "is factor"
One other result of the Argus cam.
paign is that while it's statements as
to "clouded titles" are wilful and de.
liberate lies, the publication of the
falsehoods, with all the prominence
that position and big type can give
them is having some effect upon the
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10

rect by Mr.. Tallman himself, and the
commissioner, 1t will be noted, also
taxes occasion to give the assurance
that the claim that such publications
are illegal rs utterly and unqualified
y untrue" Thus the pretense of the
dwindling newspaper that titles are in
any way "clouded" through publication
OF notices in the Democrat fades away
into the vapOrs and all who have taken
occasion to inform themselves know
that such titles are perfectly clear and
flawless.
As to Loans.
The Argus, in its last issue, also
says that mo conservative bank" will
loan money on these defective" titles.
The fact is, of course, that banks are
not lOanlng money on final certificates.
But no loan company has or will re-
Ject an application for a loan upon
the ground of publication of final proof
notice in the Democrat. This is a fact
and the all-wise editor of the Argus
Is asked to give one specific instance
where any person holding the regis.
ter'S final certificate has had an appli.
cation for a loan rejected by any loan
company upon the ground that the
.A1A~A AAOsASS A0u OONu puOlISueO Ill LQC
Democrat. Applications for loans have
been and will be rejected. perhaps, on
various grounds-the character of the
land. etc.. but never on the ground set
out by the Argus. The Argus bank.
ing connection is close enough to en-
able it without trouble to ascertain
that banks are not making loans on
final certificates.
The statement in the Argus that a
special ruling of the commissioner
will be required to clear title in cases
where final proof notices were pub
lished in this paper, is answered by
Commissioner Tallman himself. There
is not the slightest illegality or irreg
ularity to be corrected.
More Misrepresentation.
In its issue Of Feb. 6, last Friday,
the Argus said that 80 pressing was
the necessity for prompt action that
the Lewistown Chamber of Commerce,
through its trustees, was to have con.
Continued on page four.)
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10

suspicion. Thus, without protesting to
know anything about the merits of any
particular notice that might be brought
into controversy, the Fergus County
Argus, Republican paper, is, l obs
serve, raising much ado about notices
accorded to the Fergus County Demo-
crat, of sturdy and long-standing Dem.
ocratic proclivities. These two papers
circulate in exactly the same territory.
The Argus can claim nothing for It.
self; it is entitled to grieve only over
the wrongs of its oppressed brethern.
The duty of determining whether any
particular paper Is newspaper,
whether it is of established char
acter" and of general circulation I
calls for the exercise of sound judg-
ment and discretion on your part. The
purpose of the law is to give notice Of
the proceedings initiated by the land
claimant, that anyone interested absc-
lutely may be advised and afforded an
opportunity to protest, or any one hav-
ing knowledge OF facts which ought to
operate to deny to the claimant the
right to the land may bring that to
the notice of the proper government
officers.
Nearest the Land"
1t is not every sheet issued under
any circumstances that may claim the
privilege of being designated because
1t is published nearest the land" I'll
is a notorious fact that many papers
are issued in localities in which proofs
are being made in considerable num-
bers so Insignificant in character in re-
spect to the amount OF news they con-
tain, having circulation, if they have
any circulation, so meager that no.
tice published in them would reach
only an inconsequential number Of
people. SO that publication in then,
would serve no purpose at all. They
come into existence in the hope OF
getting land office patronage and must
expire in the absence of it. The gov.
ernment can not rely upon any such
medium for giving publicity to the pro-
ceedings by which it's title to lands of
great value may be divested. Only
paper that has some real, solid justi-
fication for it's existence outside of
land office patronage can claim it. You
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10

of the register.
| 1t is well-established principal of
the law with the land department, that
even II it could be shown that the
register or receiver erred in any ac-
ton taken, it would not prejudice the
rights of a homesteader or other en-
tfyman.
think the register Is acting clear
ly within his discretion, and the asser-
tion that final proofs would be invali-
dated is merely rot not worthy of seri-
Gus consideration. Our firm is making
loans on final proofs herein referred
to. Very respectfully, Hilger Loan and
Realty Co. BY David Hilger, President.
Lewistown, Mont, Feb. 8, 1914.
Fergus County Democrat, Lewis
town, Montana: Gentlemen: Replying
to your inquiry of even date herewith
regarding the placing of loans on final
proof certificates, we beg to advise
you that We are placing loans on final
certificates at this time, have always
done SO, and will continue to do SO in
the future. Respectfully yours, Ameri-
can Loan & Investment Company. BY
c. f. Covell, Secretary.
Wright Loan & Investment Co.
Lewistown, Mont, Feb. 8, 1914.
Fergus County Democrat, Lewis
town, Montana. Gentlemen: Replying
to your inquiry of this date, wish to
state that the loan company which l
represent for this district, has been ac-
cepting applications and making loans
on homestead final proof certificates
without question as to where the final
proof was published. Yours very truly,
Wright Land & Investment Company.
Per Edmund Wright, Manager.
3. A. Cumming.
LewistOwn, Mont, Feb. 9, 1914.
Fergus County Democrat, Lewis
town, Montana. Gentlemen: l wish
to say that the company represent at
this point, the Union Central Life In
surance Company of Cincinnati, Ohio,
have been accepting the applications
for loans on final proof certificates and
making the loans without any question
as to where the final proof notice was
published. Yours very truly, B. A.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10
Every Farm Loan Concern The City Making Loans on Final
Proof Certificates, Just As In The Past Without Question
As to Where Notices Were Published

One of the things that the Argus has
continually harped upon since 1t tenn
porarily abandoned hog cholera and
took up the land notice matter has
been its pretense that the farm loan
companies and concerns engaged in
making such and other loans had de-
cided not to make any loans upon final
proofs in cases where publication had
been made in the Democrat. This
thread runs all through the utterances
OF the nearly extinct paper and is
made especially prominent in it's last
issue. OF course the statement, like
all the others, was simply evolved by
the editor out of his inner conscious
ness, because he could easily have
learned upon inquiry at any of the
loaning concerns in the city that such
a condition as he depicts did not exist.
OF course it is possible that the hero
of the Little Big Horn realized that
any inquiry would result in the imme-
diate dissolution of his pet theory and
on that account refrained from ascer.
tanning the fact. In a very short time
yesterday afternoon this newspaper
secured from the loan concerns state
ments in regard to this point and 1t
will not strike the intelligent reader
as remarkable at all that they unani-
mously give the lie to the Argus dec.
laration. The following responses will
show clearly that the Argus had abso-
lutely no ground whatever for it's
statement in regard to this matter:
G. e. Shoemaker and Company.
Lewistown, Mont, Feb. 9, 1914.
Fergus County Democrat, Lewis
town, Montana. Gentlemen: In reply
to your verbal inquiry, this company
has in the past and will continue to
make loans upon final proofs in all
cases where the entryman has fully
complied with the law and the notice
published in newspaper designated
by the register. Yours truly, c. E.
Shoemaker and Company. BY l.. C.
Bardwell, Secretary.
Cook-Reynolds Co.
Lewistown, Mont, Feb. 9, 1914.
Fergus County Democrat, Lewis.
town, Montana. Gentlemen: In re-
sponse to your verbal inquiry, you are
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-02-10

Cook-Reynolds Co.
Lewistown. Mont, Feb. 9, 1914.
Fergus County Democrat, Lewis
town, Montana. Gentlemen: In re-
sponse to your verbal inquiry, you are