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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 24, 1902)
TlTE OMAHA DAILY IlEE: MONDAY. NOVEMllEfl 24, 1002. employe In hli bureau and withdrawing pensions from mm convicted of crime. Dealing with the public lands, he say 19, 488,6.1.",. 30 acres were disposed of during the year, leaving now &!3.&u5,47B arret un tpproprlated and unreserved. Thla are Inrludea 8,90,851 acres In Nebraska, SH, 124.412 In Colorado, 4.1,7R3.31S in Wyoming, 1?9,0S In Kansas, 269.(41 In Missouri and 11,383,413 In South Dakota. BID FAREWELL TO CROUNSE 014 Washlna-toa Coaaty Friends En tertala -Hint Prior tt Removal. BLAIR, Neb., Nov. 23. (Special.) Upon Invitation from a number of hla old so cial and political frlenda of thla county, ex-Governor Crounse, lately of Calhoun, came up to Blair last evening and was entertained at the Clifton house. This farewell reception was occasioned by the recent removal of Mr. Crounse from this county and the disposal of hla old home property at Calhoun. A magnificent lunch eon, with all the delicacies of the season, was Indulged In by those present, after which the party retired to the hotel par lors. A beautiful umbrella, with a solid Ivory- carved handle, waa given to Mr. Crounse as a token of friendship, the presentation rpeech being made by Mayor W. D. Haller. Judge Crounse waa in one of his most mirthful moods and responded to the gift la a good half hour's talk, referring to his many varied social and political ex periences In the early history of thla ccunty and territorial days. When he dropped Into the humorous reminiscences of hla early life In this county he kept h.'s hosts convulsed In roara of laughter, end the occasion will long be remembered ly those present, who were aaf follows: Mayor W. D. Haller, Attorney Herman Aye, W. J. Cook, F. M. Casteller, A. 0. Pound, F. H. Clarldge and Richard Blaco of Dlalr, Hon. Henry Bprick, ar., of Fonta uells and Henry Rohrer of Calhoun. Changes In Municipal Affair. BLAIR, Neb., Nov. 23. (Special.) At the rity council meeting the resignation of Dr. 14. A. ralmer as councilman of the Second ward waa accepted -and Mayor Haller p- Colnted Charlea Robertson to fill out the nMred term. The council purchased TjfluUr a $150 lot In the Fourth ward .jupon which to place the ward fire house, thereby removing It from the street. John Rogers resigned hla position on the night police force to accept the Janltorsblp of the new government postofflce and J. 8. Roberts waa appointed to the vacancy. Mr. Roberts' was duly Initiated on hla first .night's work by being called upon to ar rest the participants In a midnight fight Indulged In by two women of the city, rowing out of the Jealousy of one on ac count of her husband's attention to the other. Mr. Roberts was too new to be yecognised aa an officer and had to carry one of hla female prisoners to the city ' til, a distance of two blocks, she refusing to go willingly with him. Reviving; Cannlasr Industry GRAND ISLAND, Neb., Nov. 23. (Spe cial.) Some weeks ago the proposition was made by Mr. James Rourke of this city that if the cltttens were interested enough In the resumption of the canning industry to restore the building to Its condition be fore vandalism tore out all the windows :ind saahes, damaged the root and to some extent the floors, he would' purchase the Building and put In $16,000 of new ma chinery In time for operation during the coming season. A committee waa appointed i canvaas the business men and all but :00 of the $2,000 has been raised, with the balance practically assured." "It Is expected that the Oral season only Cord -will be canned, but that thereafter the product ill also include peas. Seeord and tvlfe Safe, PAPILUON, Neb., Nor. 23. (Special.) A letter from w, A. Petioldt of Sheridan. TVyo., home. correspondent of C. F. Seeord of Guatemala to his relatives, saya: "The volcanoea are again erupting and destroy ing the citlea and crops and that he (Mr Seeord) and wife are still safe. The let ter from Mr. Seeord was dated October 18. The relatives of Mr. Seeord have no fear of his safety, aa waa atated In the other papers." Dies as Reaalt of Iajarlea. CRAWFORD, Neb., Nov? 23. (8peclal Tel egram.) Hastings Broaddus, who waa shot yesterday by James Walker, died this morn ing. Walker waa arrested by Marshall Har vey and taken to Chadron last night. Noth Ing has yet been heard from any relatives of the dead man. Hoover Held fop Trial. RU8HVHXB, Neb., Nov. 23. (Special.) Alexander Hoover had hla preliminary trial before Judge Edwards yesterday and waa committed to the next term of the district court, which convenes on the 10th of De cember. FIRE RECORD. Harness shop at St. Paal. ST. PAUL, Neb., Nov. 23 (Special.) Fire broke out yesterday morning In the brick building occupied by Frank Rosllne i s a harness shop. It was soon under con trol and the loss on building waa alight. Prank Rosllne's loss on atock is about $200, covered by Insurance. Maav I aabrellaa Destroyed. BALTIMORE, Nov. 23. Fire today In the umbrella factory of Gains Brothers did rSOO.000 damage to the building and atock. Ttoth were fully Insured. The origin of the firs la unknown. Colorado Farina; Plant. DENVER, Cola. Nov. 22. The plant of the Colorado Paving company waa deatroyed today by a Are that originated with an ex plosion of boiling asphalt. The loss Is put at $50,000. Always tho Scmo Good Old It P '"k f""5 IT3 I o) c c o) )lSlSlJl' Thi Pfldi of Ullwiukes y sees rweia w m ww - - - . which tella why U LA I A D.cn mwn i BLATZ UALT-VIVINE (NON-INTOXICANT) TONIC FOR THE WEAK All Druggists or Direct VAU IUTZ BaEwLNO CO.. Milwaskes OMAHA BAPCM. 141S Daaajlaa at. Tel. 1US1. A 2 REFORM IN INDIAN AGENTS Ooaimisiioner Jonei Suggest that They Be Removed from Politics. FAVORS BONDED SUPERINTENDENT PLAN Report Devotee Considerable Space to Debate of Geaeral Proposi tion aa to Effect on lied Hen. (From a Staff Correspondent.) WASHINGTON, Nov. 23. (Special.) "The most serious obstacle In the path of Indian civilization. In my judgment," Indian Com missioner Jones says In his annual report, "la the practice of appointing Indian agents tor political services. As a ruin such appointments are made from persons living near the agency. Their activity In political life, which secures their appoint ment, undoubtedly gives them enemies to punish and friends to reward. The evil effects of such a course have been mani fested in numberless Instances, which have. officially and unofficially, been brought to my attention. An agent appointed und-r such conditions does not have an ey ingle to the Intereata of the Indians, but, a rule, looks out more especially for the Interests of his own friends. In view of tho act of congress relative to the aale of heirship lands, greater opportunities than ever have been placed In the hands of an Indian agent to increase his salary by un lawful means. Open market purchases are unavoidable In the conduct of Indian af fairs. An agent who la from the locality has friends and enemies from whom to purchase the goods, and it Is all too easy for him to favor one and damage the other, all of which Is against the best Interest of the Indians. Advantage of Bonded Superintendents. In case of a bonded superintendent there Is no political pull, or otherwise, to bold him In his position, and the knowl edge that such Is the case Is a powerful factor in inducing him to stand up for the right and for the best interests of the Indians under his charge. Political bicker ings, contentions with traders, etc., en croachments upon Indians' rights are gen erally handled In a satisfactory manner, without fear of offending or favoring any factional political Interests. He knows that his dutlea are comprised In doing all that Is possible for the civilisation of the Indians and their protection against the encroachmenta of white settlers surround ing them. "The pressure from white men who want Indian lands la something enormous, and no Indian agent who is from that locality. who can only expect to serve a short term of, probably, four years, can withstand such pressure. At the expiration of hla term he returns to those peopje where he must depend upon their favors for his future livelihood. It Is unreasonable to suppose that such a man will stand against the wishes of unscrupulous and probably so-called "honest" men, In their dealings with the Indians to such a degTee as would a man who came from a different section, who, Is n the classified service, whose welfare does not depend upon sur rounding while people, but upon his suc cess in handling the Indian problem pre sented to him, and to whom, if he does his duty well and faithfully, there always remains the hope of promotion to a better place lo the service elsewhere. Such con ditions undoubtedly tend to obtaining a better class of people to place in charge of Indian agencies than does the present system. .. - . . "The administration of an Indian agency ahould be a purely business proposition. There should be no politics in it.' The protection of the rights of the Indians and their civilization ahould be the sole object to be attained. No man with Interests an tagonistic to these can possibly advance the Indian problem toward Its solution. flnpporta Hla Conclusions. "As an evidence of the Justice of the above conclusions, there are the Innumer able changes which have been made In the agency force during the past five years, the number of Indian agents who have been relieved from the service for peculation, and the fact that not a single bonded su perintendent has been removed from the service upon the ground of financial de llnquency. On the other hand, the ratio of bonded superintendents who have been relieved rrom the service for cause la a minimum when compared with agents. It Is not contended, of course, that the fact that a man la a bonded superintendent makes him better man than an agent as lected for political reasons, but the condt tlons surrounding each man In connection with the manner of bis appointment con cluslvely demonstrate that the removal of political Influences has a tendency to secure a better class of men to be placed in charge of Indian matters at the various agencies and reservations. "A large number of reservations have been placed in charge of bonded superin tendents during the last three or four years I can conscientiously say that the affairs at these placea have been administered as well, and In the large majority of casea better than they were when under the con trol of political favorites. Aa a rule. bonded superintendents are men of ednra tlon. They are required to pass difficult examinations; they have had experience in the service, and hope to make It their Ufa work: while many Indian agents, who are willing to accept these positions, are men Who have failed In business, are ward pol lilciana, ana have no hope of remaining longer than a period bounded by the for tunes of the political party to which they belong. All. Aareats Not Bad. "There are many able, conscientious and efficient agents, whose performance of their duties Is above reproach; but the unde nlable fact remains that the first and most important consideration Is to keep the Indian question out of politics, and wheu- rver i js necessary to appoint a man aa agent he should be of good business capac Ity, and chosen for hla well known honesty and Integrity. It Is not claimed, however, that all bonded auperlntendents are abso lutely free from similar Influences which surround agents, but it Is significant that the percentage of failures la less than under the older system. As an evidence of thla there are, out cf the fifty-seven bonded auperlntendents la the service at present, thirty-seven who have been con tiauously In It for periods varying from ten to twenty-four years. The great majority of these men began their service in sub ordinate positions, such as teachers, clerks, farmers. Industrial teachers, etc., snd were gradually promoted to fields of increasing responsibility and trust after a care'ul trial. Such a system promotes emulation and makes a man feel that by his own un aided e Aorta he can. by the faithful per formance of every duty, merit and secure success. "The policy of placing agencies and por tions of agencies under the charge of bonded superintendents of training schools, which was Inaugurated several years ago, has been pursued during ths year at all places where practicable. There are a number of agencies where from various causes it will be unwise for some years to effoct this change, but the number must gradually decrease until finally all matter relating te adult Indians will be absorbed In the more important one of education, permanency of appointment, fixedness of policy, lcUuu bawd wn merit, will un questionably secure a higher type of offi cials than can be obtained In any other manner. Aareneles I nder superintendents. "At present there are twenty-two agen cies under the control of bonded superin tendents, ss follows: Cherokee, N. C. ; Colorado River, Ariz.; Grande Ronde, Ore.; Hoopa Valley, Cal.; Jlcarllla, N. M.; Lcmhl, Idaho; Mesralero, N. M.; N'eah Bay, Wash.; Nevada, Nev.; Nei Perces (Fort Lapwal), Idaho; Pawnee, Okla.j Puyallup, Wash.; Quapaw (Seneca). I. T.; Round Val ley, Cal. ; Santee, Neb.; Slletz, Ore.; Puyal lup, Wash.; Umatilla, Ore.; Warm Springs Ore.; Western Shoshone, Nev.; Yakima, Wash.; Yankton. S. D. "The foregoing represent complete res ervations, but when the adult Indians have aken allotments and become practically citizens, or when groups of Indians on a reservation are so located as to be con tiguous to a training school, certain por tions of tribes or reservations have been segregated from the agencies, and the du ties pertaining to such portions have been devolved on the bouded superintendent of the school. On account of his position it has been found that, without materially affecting his school duties, he has been better able to control the civilization and educational Interests of all, both adult and child. Indians In the transitional period require supervision mors of an adviser and friend than of a ruler, and in this role the superintendent can more effectively counsel In business. In agriculture, in trade, In domestic relations and the general duties of life. A smaller number In his charge Is the result of these changes, thus bringing the government representative Into closer contact with his charges for individual treatment. Schools for the Indians. "It Is believed that agents generally have an interest In the welfare and ma terial prosperity of their schools, but they cannot be as well acquainted aa a superin tendent with the ambitions, hopes and de- Ires of the child for better things than the Indolent life of the camp. Their school life has instilled other ideas and other aspirations, but the agent, dealing largely with the old Indians, whose ideas of civlr lzation and right living are primitive, can not understand, and they are treated ac cordingly. When a pupil returns from school to the reservation and finds itself treated as a camp Indian, without any particular encouragement given to the fond hopes which have been cherished and cul tivated, not even given credit for what la really known, an unconscious spirit of re bellion rises In Its heart; but a superin tendent who ha probably for years come In dally contact with the child during a part of Its school life, and has been per. sonally interested In seeing the minds of his youthful charges gradually unfold, with new desires created and brighter anticipa tions formed, can better understand the natural longing or the boy or girl for a different condition of life than that which he sees presented on the average Indian reservation, and he will naturally have greater interest In its future welfare and more sympathy for Its fallings and back slidings than an agent who has only come In contact with it on the reservation among Its kindred or at the agency on ration day. "The following schools are thus placed In charge of bonded superintendents: Can tonment, Okl.; Fort Totten, N. D.; Hope, S. D.; Oneida, Wis.; Rice Station, Ariz.; Seger, Okl.; Shawnee, 01.; Truxton Can yon, Arlx.; Western Navajo, Ariz. Of which number the following were segre gated during the year: Hope, Shawnoe, Seger and Cantonment. 'During the year the following agenclea were placed in charge of the superintend- ent of the training school located thereon: Colorado River, Ariz.; Lemhi, Idaho; Nean Bay,' Wash.;1 "Nes Perces (Fort Iapwal), Idaho; Santee, Neb.; Slletz, Ore.; Puyallup, Wash.; Yakima, Wash.; Umatilla, Ore.; Yankton, S. D.; Jlcarllla, N. M." FORECAST OF THE WEATHER Fair Today and Tomorrow In Ne braska and Iowa is the Prediction. WASHINGTON. Nov. 23. Forecsst: Nebraska Fair Monday; cooler In north ern portion; Tuesday fair. Iowa Fair Monday and Tuesday. North and South Dakota Fair and cooler Monday; Tuesday fair. Kansas Fair in north, showers In south portion Monday; Tuesday fair and cooler. Local Record, OFFICE OF THE WEATHER HUREAU, OMAHA, Nov. 23. Official record of tem perature and precipitation compared witn llie corresponding uay ui wie iuvi inrcv .AM tlL, ,AA 10AA Maximum temperature., 68 44 35 61 Minimum temperature... S3 81 23 36 Mean temperature 46 38 29 44 Precipitation w .uu .vi x Record of temperature and precipitation at Omaha for this day and sine March 1, l'J02: Normal temperature 29 17 333 03 inch JJ inch 24. W! Inches 3.13 Inches 6.61 Inches Excess for tne nay Total excess 'Since March 1 Normal precipitation Detlclency for the day Total rainfall since March 1.. TtnAnnnpv MfnrA Mtrm 1 Deficiency for cor. period, 1901. Excess for cor. period, 1W0. 72 inch Reports front stations at T P. M ?3 : c CONDITION OF THE : p.: B WEATHER. : o : it a : a : 3 : I. I . -i I Omaha, clear 61! 68 .00 Valentine, clear 60 6 .00 North Platte, clear ; 64 6S .00 Cheyenne, clear 40 64 .00 Bait Ieke, clear 40 44 .00 Hapld City, clear 44 66 .00 Huron, clear 40 68 .00 Wlllieton. clear 34 42 .00 Chicago, part cloudy 46 48 .00 St. Louis, c.oudy 64 64 .00 St. Paul, clear 44 48 .00 Davenport, clear 48 60 .00 Kansas City, cloudy 64 M .00 Havre, cloudy S-'l 40 .00 Helena, clear 24 So .00 Hlamarok. clear 36 48 .no Galveston, cloudy 72 72 T "T" Indicates trace of precipitation. A TIKI OF WAR. Coffee Pots I p a Grand FIcht. Among the best of Judges of good thing in the food line. Is the groceryman or hi wife. They know why many of their cus tomers purchase certain food. The wife of a groceryman in Carthage, New York, aay: "I have always been a lover of coffee, and therefore drank a great deal of it. About a year and a half ago, I became convinced that It was the cause of my headaches and torpid liver, and re solved to give It up, although the resolu tion caused me no small struggle, but Postum. came to the rescue. From that time on, coffee has never found a place sn our table, except for company, and then we alwaya feel a dull headache throughout the day for having Indulged. "When I lave up coffee and commenced the uae of Postum I was an habitual suf ferer from headache. I now find myself en tlrely tree from It, and what Is more, have regained my clear complexion which I had autposed was gone forever. "I never lose an opportunity to apeak in favor of Postum, and have induced many families to give it a trial, and they are invariably pleased with it." Name given by I'octuui Co., Bailie Crsek MUn. TEXT OF THE MOSBY REPORT Reviews the Question of Fencing of Publio Domain in Nebraska. CITES TH LAW IN REGARD TO THE SAME Touches Indirectly on the Alleged Fraadalent Entries by Colored Men and Widows of Soldiers. (Continued from First Page.) signed to duty. These were forwarded to the general land office. Parties were always given sixty dnys within which to remove fences, I have no reason to suppose that any failed to comply with the notice. There was an overwhelming popular sentiment in favor of pulling them down. Hire Men to Make Entries. "On June 30, 1902, I left Akron for Wash ington on leave of absence. On Its termina tion I was assigned to duty In western Ne braska. I arrived at Alliance on August 2 and left there for Washington City on the night of October 3. I found thla section better sdapted to agriculture than Colorado, although cattle are the dominating Interest. A very large area of the public land Is fenced by cattlemen; settlers nre Intimi dated from asking entries within these In cisures. It la the common practice to hire parties to file applications for homesteads who have no intention to reside on or prove up on them. It is the prevailing opinion that no matter how barefaced the fraud may be the entry is a good defense to a suit brought to remove a fence. It is claimed that such an entry gives color of title and that such land Is not public land and that It Is not unlawful to locate a fence on it. My letters to the general land office show the extent of the practice of procuring such fraudulent entries. In April, 1901, Miller ft Lelth hired about thirty negroes to file on land Inclosed by their fence. The negroes never made any pretense of living on the land or cultivating It. On the same day that the negroes made their homestead filings at Alliance they went to the Sidney land office and filed there for the benefit of one Phelan. All but two or three of these negroes have disappeared. "A small rancher, Charles Tiernan, com plained of Miller ft Leith's unlawful fence that shut out hla cattle from grazing on public land, and Special Agent Lesser was ordered to Investigate the complaint. He examined the fence and reported the entries as manifest frauds. The entries wefe sus pended on his report, but he said nothing about the unlawful fence and did not order Its removal. Tiernan cared nothing about the entries; his objective point was the fence. Just as good grass grows on land covered by a fraudulent as by a lawful entry. Tiernan wanted to get rid of the fence that kept his cattle from graxlng; he cared nothing about the unlawful entries; as to him the entries were a mere Incident of the controversy. Yet so far as the recorda of the land office show the quarrel was all about the homestead entries; nothing was said about the fencing. Tiernan waa made to believe that there was no remedy to re move Miller ft Leith's fence until the en trie were canceled. It waa oalculated that It would take at least two years to cancel the entries, and that as soon as they were canceled others would be filed. In this way Miller ft Lelth expected to have a tenure of the land tor several years. "As Mr. Leaser's successor, the matter was turned over to me. I drove over the land, examined rf fence, Investigated the fraudulent entries, and then gave Miller ft Lelth notice to pull down their fence. Mil ler ft Lelth were indifferent to the home stead entries If they did not protect their fence. I made the fence the principal ob ject of attack, knowing that when the fence .fell the fraudulent homesteada would fall with the fence. I only cite this aa an ex ample of many that I have had to deal with. 'Widows File oa Lands. "My letters to the general land office show the extent of the abuses that are practiced under the act of June 8, 1872, that substi tutes the widow of a soldier to the home stead rights of the husband. These widow are brought under escort of the cattlemen to the Alliance land office to make home stead filing on the land they have never seen and never expect to see. The theory on which such filings are made Is that under the act of February 251 18S5 party can erect and maintain a fence on land cov ered by such entries because they give color of title, and the land ceases to be publio land. In my opinion this Is an er roneous construction of the statute. My practice baa conformed to my opinion, which Is amply sustained by many decisions of the courts. Such entries are not made In good faith and give no color of title to the party maintaining the fence and the entryman acquire no title that he can transfer to anyone. "My letter of September 20, 1902, to the general land office said, in reference to such entries: Everyone know that these widow will never return to make final proof. In my opinion, it I no defense to a civil suit u.ider 4he act of February 25. 18S5, brought to remove a fence, to plead that the fence is located on land covered by such entries. If It is the law, then all the public lunds might aa well be surrendered to the feudal lords. I think It competent for the gov ernment. Under section 1, to show that the filings are frauds, and that the party erect ing a fence has "no claim or color of title made or acquired in good faith." In auch a suit the glut of the controversy la the good faith of the entryman. If the entry Is proved to be collusive, the court miiHt order the fence to come down. Since writ ing the above, eleven more soldier' widows' apullcatlons have been riled. By a strange coincidence all these widows' entries are In the same county, townsnips. ranges within the lnclosure of Hartlett Richards, the great cattle king of Nebraska. "In thi connection I enclose copies of letters written by me to the district at torney at Omaha, and my notice to Rich ards to remove hi fence. I suggest that th district attorney be instructed as to his duty In the premises. The right of the government to remove a fence from public land is simply a right of a proprietor to abate a nuisance; while the privilege of free range for cattle I analogous to ths old common lsw right, known aa common mature: which, as Blackstone says, is 'a profit which a man hath in the lana oi an " ' other; as, to feed hie beasts, to catch fish, to dig turf, to cut wood, or the like. For when lords of manors granted out parceia or land to tenants for either services done, or to be done, these tenanta could not plow or manure the land without beasts, and these beasts could not be sustained with out pasture, and pasture could not be had but In the lord waste, and on the unen closed fallow grounds of themselves and the other tenant. Th law, therefore, an nexed this right of common as Inseparably Incident to the grant of the lands. In United States against Brighton Ranch company (26 Fed. Rep., 218). Mr. Justice Brewer aaidr Doubtless the government has and does tolerate In a certain sense the occupation of the public lands, tnd wherever such occupation is either under the hometad or pre-emption act, or other acts, with a view to the purchase of the land, the oc cupation may be considered rightful, but the answer fails to disclose an occupation with any such intent, and the only occupa tion disclosed Is one. not for the purpose of subsequent purchase, but with th Ida of getting the btnent of the land for graa Ing purpoaes. Cites Coart Derisions. "Ths act of February 25, 1885, prohibits all lncloaures of public lands where a party 'had no claim or color of title made or acquired In good faith, or asset ted right thereto, or by or under claim made In good faith, with a view to entry thereof at the proper land office of the I'nlted States at the tlmo any such lnclosure was or shall be made.' In Cameron aga'.ast United States (148 U. S. 800), the supreme court saldr The act of congress which forms the basis of this proceeding was passed In view of a practice which h"d become common In the western territories, of inclosing large areas of lands of the t'nlted Ptates by associations of cattle ralacrs, who were mere trespassers, without shadow of title to such lands, and surrounding them by barbed wire fences, by which persons de siring to become wttlcrs upon such land were driven off or frightened away, In some cases by threats of violence. The law was, however, never Intended to operate upon persons vho had taken possession under a bona, fide claim, or color of title; nor was it Intended that. In a proceeding to abate a fence ererted In good taiin, the legal validity of the defendant title to the land should be put In Inane. "In Cam field against t'nlted States (167 V. S. 525), the supreme court said: Considering the obvious purposes of this structure, und the necessity for prevent ing the lnclosure of public Innd, we think the fence In clenrly a nuisance, and that It Is within the constitutional power of con gress to order Its abatement, notwithstand ing such action may Involve an entry upon the lands of a private Individual. "These cases establish the principle that a collusive entry Is no defense lo a suit to remove fence from the public land; the defendant must show a color of title ac quired in good faith, and that the fence was acquired by the entryman or by hla express license. Fence erected long before the sol dier' widow bad filed applications for homestead within an lnclosure could not have been erected by the widows themselves or by their express or Implied license. "In I'nlted 8tate against Cook (36 Fed. Rep., 897) It was held that it was not neces sary for an Indictment for unlawful fencing to allege thai the defendant had no claim or color of title acquired in good faith, but that was a matter to be shown in defense. "In such barefaced frauds as the soldiers' widows' homestead entries it Is Immaterial whether the burden of proof Is on the gov ernment or the defendant. The fraud Is self-evident. "Land entered for a homestead 1 not, un til final disposition before the Land depart ment, so segregated from the public domain as to be no longer land of the United States, but continues to be the property of tho United States until a patent has been Is sued. On the same principle that a court can Interfere to restrain waste by the homesteader, it can, by a mandatory Injunc tion, decree the removal of a fence located by collusion with an entryman, although the entry may not have been canceled. In such a case the decision turns on the bona fides of the entryman. He may cut timber or build a fence for the cultivation and Im provement of his land, but he cannot abuse this right for mere speculative purposes. If cutting timber or building a fenco Is the object and not the mere Incident of the en try, then the entry Is tainted with fraud and a court will restrain an entryman from committing waste or building a fence. "In Shiver against United States (159 U. S., 496) the supreme court said: From this resume of the homestead act It Is evident, first, that the land entered continued to be the property of the United States for five years following the entry and until a patent ! laaued; serond, that such property is subject to divestiture upon proof of the continued residence of the set tler upon ths land for the Ave years; third, that in the meantime such settler lias a right to treat the land-as his own, so far only as It Is necessary to carry out the purposes of the act. The object of this leg islation Is to prtBerve the right of the ac tual settler, but not to open the door to manifest abuse of such right. "As in the soldier' widows' entries for the benefit of the cattlemen. "Very respectfully, "JOHN S. MOSBY, "Special' Agent General Land Office." Copies of Correspondence. "ALLIANCE, Neb., Sept. 10, 1902. Mr. W. S. Summer, United States Attorney, Omaha: Dear Sir I havo received your letter of September 9 In reply to mine, in closing affidavit of citizen against C. J. Wildy and Miller ft Lelth, who are charged with having fence on public lands. You eem to misunderstand my object In send ing these affidavits to you, as you say that you already had In your office a list of wit nesses and information against these par ties, which, with these affidavits, would be presented to the grand Jury In November. As the affidavits would not be legal evidence to go before the grand Jury I did not send them to you for any such purpose; on the : contrary, as I said, because such an affidavit Is required as a 'condition precedent to a suit to compel the removal of a fence,' by section of the act of February 25, 1885. It la made the duty of the district attorney, after the affidavit has been Sled, to Institute a civil suit praying a decree for the re moval of the fence. The language of the act Is imperative. Such a suit Is given precedence of all others on the docket and a decree In it must be summarily executed. This was 'the practice in Colorado where I have been operating during the past year. You are wrong in supposing that the re ports made to you by Special Agent Lesser against these parties related to fencing. Tbey were for fraudulent entries. I am asking for a decree In a suit In equity to pull down a fence. It is true that section 4 of the act make the fencing of public landa a misdemeanor, and you can proceed to punish the guilty parties by Indictment, but the civil suit authorized by the act is concurrent with a criminal prosecution. A suit is a far mors efficient remedy and far less expensive, a it would not Involve the transportation of witnesses several hundred miles, nor ths delays Incident to criminal procedure. "I therefore request that suits in all cases In which I shall send affidavits about fencing be Instituted immediately. Re spectfully. "JOHN 8. MOSBY, Special Agent." Object to Remove Fences. "ALLIANCE, Neb., Sept. 11, 1902. Mr. W. 8. Summers, United States District Attor ney, Omaha, Neb.: Dear Sir Herewith in closed Is the affidavit of Ralph B. Whitlam complaining that Valentine and John King have fenced public lands In Cheyenne county, Nebraska. I wish to Institute Im mediately a civil suit to compel the removal of this fence. I drovs over into Cheyenne county yesterday to examine it. The main object of the government is to remove fence that obstruct the settlement. of public landa, not to inflict punishment on person who have such fences, provided they obey the law and remove their fences when or dered by the courts. I was sent hers on account of the complaints made to the gen eral land office that a large portion of the public landa Of western Nebraska had been appropriated by meana of fences to the private us of cattle king and that by force. threata and Intimidation settler are ex cluded from them. I wrote you yesterday that I am not now asking you to institute criminal proceeding to inflict penaltlea, but civil suits to removs fences. Re spectfully, JOHN S. MOSBY. "Special Agent, General Land Office." "ALLIANCE, Neb., Oct. 2. 1902. Mr. Bartlett Richards, Ellsworth, Nwb.: Sir I have been Instructed by the commissioner of the general land office to notify you that certain fencing of public lands, erected and maintained by you in violation of law in Sheridan and Cherry countlea, Nebraska must be removed within sixty daya; other wise the civil and military authority of ths government will be employed to do it. "The notoriously fraudulent homestead filings of so-called soldiers' widows within ths territory Inclosed by your fence are no protection to it, as they do not constitute. In the language of ths statute, 'a claim of title made or acquired in good fait J.' Bald r Pabst New Malt Beer The New Malt Beer has met with public favor. You will know about it if you try it. We invite your critical judgment. It's the best that can be made. AND The Rock Island System will sell ticket on Not. 30th, Dec. lit and 2nd to Chicago and return for $14.76, good for return until December 8th. TICKET OFFICE, IJJJ Firnim St. OMAHA. NEB. Specialists la all DISEASE and DISORDERS or MEN. 13 year ( auo wul ul practioa la Oinaba. CHARGES LOW. VARICOCELE HYDROCELE and rlLCa U o ttsM Xtal swuu te ear rou or naul rtund. CVnUII IC can tar lit the HM I rnlLId ttonMjbD cImoms from U. BiUs hu tnir sis rmplom lr uTsIimm M th. skta r Uo.. Traluil watalM LVaVtsIrMS truss er tnjwfcns bmSMm WEAK MEM SKvwTdIbTutt o itlusriuN WASTIWO WAKKSa. Wit. ALI "OAT li to O. UIDULB A08D; Urt vt. Tun iuiuImI STRICTURE ZZTZUZ'SrZSZ RINAH auk. H Mall. Cn Call r ara. 110 . 14th St. SEARLES & SEARLES. 5i2A DR fence is located between the Burlington road on ths south and ElVhorn on the north, in the Alliance and Valentine (Neb.) land district, from township 25 to township 35, ranges 40, 41, 42 and 43. Respectfully, "JOHN S. MOSBY, Special Agent." Wright wrong no man. Wright s old fashioned buckwheat flour is nurs. DEATH RECORD. t'aptara Insaaa Maa, RED CLOUD, Neb., Not. 2S. (Special.) John Larsen, an insane man, who was being taken from Lincoln to Halting to be placed in the asylum there, escaped from the offi cers during the trip and wandered through this country to Blue Hill, where he wa taken In charge by a farmer, who brought him to this plac yesterday. He will be taken to Hastings as socn as orders from the asylum ar received. Mnjor Waller Reed. WASHINGTON. Nov. 23. Major Walter Reed, an officer of the surgeon general's department of the army, died here today. Major Reed was sent to Havana to Investi gate the yellow fever question and it was largely through bla reaearches that the determination was reached that the disease was comaunlcable through the mosquito. MocLIbst Bird Aatbor. PHILADELPHIA, Nov. 23. Septimus Winner, composer of "The Mocking Bird," snd hundreds of other popular songs, died suddenly today at hi bom here, lie wa 78 year of age. TO Cl'HB A COLD IK nin DAT Take Laxative Bromo Quinine Tablets. This slgnstur jtfrjt vr7 D0X- tie. O JZrm0 SHJG OR. McGREW SPECIALIST Treats all forms f DISEASES AND DISORDERS Of MEN ONLY n Tears BUtperisnoa, 17 Tears In Omaha. His remarkable sue- cm has never been equaled and every day brings many flatter ing reports of the good he Is doing, or ths relief be has given. Kot Springs Treatment for Syphilis And all Blood Poisons. NO "BREAKINq OUT" on the skin or face and all external signs of the disease disappear at onoe. BLOOD DISEASE trr:zL..,n VARICOCELE IXfMXSffiSM? UvtK 3U.UUJ zxrjis&.izrz TMuiy, ui.iikaai discharges. BU-lotura, Gieel, Kidney and Bladder Ulseases, Uy ti roosi lav QUICK CURES-LOW CHARGES. Treatment by tnuM. f. O. Box lb Office over iit b. 14th street, between Fax nam an4 Douglas streets, OMAJiA. MB. AMl'BKM K NTS. BOYD'S Woodward Burgess. Managers. TONIGHT - TUESDAY NIGHT BrUCIAL MATIMCK TIEIDAI. King Dodo Kaymoad Hitchcock And his merry choral court. Prices Mat., 25o to ll.CW. Night. 26c to $160. WEDNESDAY and THURSDAY Nlghts Bpeclal Matinee Thanksgiving Day l-HIMMOSK UUCKIWIIKH'S MINSTHKl.t. Prices- Mat. and night, 26c, 60c. 76c, $1.0u. Seats on sale. Telephone 15TL Matinee. ? 8und"y' HIGH CLASS VAUDEVILLE Mr and Mr. Harry Thorne A Co.; Klein. r7. Rros and Mckeraon; OaletU's moti v.i.VVe'ston and Allen; i Millet tea; Iah R'ell- "vSy and Maltland and the klno- Buecl&l Matlne Thanksgiving Day. EUGENE GOWLES and hla company of Metropol itan artists at , . , KOUNTZE MEMORIAL CHURCH m Satarday Kelu, ftov. Beata 75C and fL Bale begins Tuesuay i Uiiudelberg Jewelry Btoi. Hul'tU. TfiB MILLARD OMAHA. M.M. Omaha Leading I (of. LUNCHEON, FIFTY CENTS 11 30 to 2 p m SUNDAY, i.to p. m DINNER. .c Steadily Increasing business hse ne.em-;-tated an enlargement of tbU cafe. duuLlli It former capacity.