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
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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.
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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.