The Ordway new era., 1920-05-07

way to protect the interes IL ~.
estates in question. This wa. a ,tS
by an agreement entered into
one Mcclure, father of Alice E. NJ
Clure acting as tho latter's agent
whereby it was agreeo that IL the said
Alice E. Mcclure brought a contest
against the entries in question no
answer would be filed by the con-
servator or the administrator, and
that in consideration of such agree
ment and the cancellation of the en-
try, and the designation of the land
embraced In the same under the $40
stock raising act The said Mcclure
acting as agent for his daughter
Alice e. Mcclure would pay to said
conservator and administrator the
sum of $4,000
We will state tha! the McClures's
had an entry adjoining the entries in
question. The above agreement was
carried out. The contest brought:
entries were cancelled after no an
swers were filed. the land designat-
ed under the $40 act. and the amount
paid to the conservator and admins
traitor by check in their official ca
pacity.
All of this was done in good faith
and not under the cover of secrecy
for no personal profit on behalf of
the conservator and administrator,
but for the best interests of the es-
tates in question.
Attorney for the government at
tacks this agreement by saying that
the Conservator and administrator
were bound by the statutes to answ-
er the contests in question that al
though they could not validly re-
linquish the entries that they could
not turn around and do indirectly
I. e. the agreement concerning the
contest something that could not be
done directly.
We do not agree with such conten-
tion. Directly the conservator and
administrator could not relinquish
the entries. Their hands were tied
in this respect. We're they to stand
idle and see the entries contested by
strangers: Answering such a contest
knowing full well the entrywomen
had not complied with the law, at
loss of money to the estates.
No final proof could be made and
successful defense could have been
made to such a contest. The agree
ment entered into between the con-
servator and the administrator and
HcClure was entered into in good
faith.
There was nothing hidden or kept
secret. Mcclure was acting as agent
for his daughter Alice f. Mcclure
and 1t was natural thing for the con-
servator and administrator to ap-
nroach Mcclure as he had an entry
adjoining the Bingham entries and
would be willing to pay fair price
for the homesteads in question. He
could not buy the relinduishments
and the only door open was in the
bringing of n contest. The Binghams
were not rich neoDle, and the conser-
vatr and administrator did not like
without bringing some returns to the
estates. The Conservator's and ad-
ministratOr's veracity cannot be
questioned. They were respectable,
well known and sofid business men
in the vicinity of Ordway, Colorado
No ulterior purpose was served in re
ceiving the 100000 :or the Bingham
entries. Good faith was used in the
handling of the estates and home
stead entries.
We therefore find that entire good
faith was used by the conservator
Joe Wallace and the administrator
Fred Tarbox in the bringing of the
contests whereby the Bingham en-
tries were cancelled by A. e. Nc
Clure: that there was no fraud, con-
nivance, or conspiracy.
All the arrangements and things
done in this matter were given full