Show COAL CUAL CASES TO SUPREME COURT President Roosevelt and Cab Cabinet Cabinet inet met Decide to Continue e the Fight LEWIS RAISES NEW POINT GOVERNMENT EXPENDS GATHERING EVIDENCE Washington Dec 31 At the last cabinet meeting of the year 1907 1901 held today the decision was reached by the president and attorney general that the government will vill use ue every measure in its power to bring about In the high higher er r court Its disapproval of or the decision rendered in Colorado by Judge Lewis that there Js Is s no law against citizens ns agreeing Ih th advance to purchase coal or other public lands that may be ac acquired acquired acquired by others under what Is known as the dummy system Attorney General Bonaparte said after the cabinet meeting that it was fortunate f that congress last yean passed a law giving the government the right to appeal in a criminal case as undoubtedly the government would appeal to Its fullest extent against a decision quashing Indictments against men charged with illegally acquiring coal lands Lack of Harmony Evident The commissioner of the general land office said today that his department had h d not initiated the land fraud cases which h have save In a few lew ew instances been dismissed by Federal Judge Lew LewIs Is Although the land office is coop doop In every possible way with the department of Justice in bringing fraudulent to Justice the In Interior Ini tenor department had nothing to do bringing the Indictments which thich have hac been quashed and aneL there are inti intimations Intimations that the latter department partially agrees a ees with Judge Lewis In his ruling that the persons accused of illegally acquiring lands cannot be held under the indictments as drawn at least as they apply to violations of the timber Umber and stone act Land Office Ready to Act It is understood that the land office Is about ready to call from sixty to eighty violations of the land laws in inthe Inthe Inthe the Colorado region to the attention of the grand Jury Some of these may Involve a number of the very persons whom Judge Lewis has discharged Commissioner Ballinger holds that it itis ItIs itIs is specifically provided in the act of 1878 that the claimant of land must make a showing at the time of the ap application application application that he be does not n t take the land for the benefit of any other person Under the statute he does not have to repeat this at the time of proof al although although although though the department calls for a showing of this kind at the time of ot proof In order to obtain all the evidence possible indicating the good or bad faith at the time of ot application In other words It is held that a man may change his mind as to the disposition of ot the lands he seeks to obtain from the government The new cases which the land office will bring are aro largely built upon perjury and false allega allegations allegations allegations as a to character of lands A special cial elal Ial officer of the land office is busily at work at Denver on these the cases andIs and andis andis is acting entirely independent of the tho department of ot justice Commissioner Ballinger said today toda that he had examined the decision of Judge Jud e Lewis in regard to the coal en entry entry entry try cases which have hae just been dis dismissed dismissed dismissed missed but he asserted that his de department department department had nothing whatever to do with the prosecutions Raises a New Point Sylvester R Rush Ru h special assistant to the attorney general who has ha been active in the prosecution of land thieves in the west arrived here today toda from Denver where he has had charge of several government cases ses He de ie declined dined to criticise Judge Lewis de decision decision decision but declared that the decision had raised an entirely new point which would have hac to be decided by b the su supreme supreme supreme preme court He said that a number of federal judges and supreme court Justices had ruled entirely opposite from Judge Lewis and he be declared the Colorado cases clUes would be carried to the United States supreme court Special I Attorney Rush has had charge of the numerous land cases prosecuted in the federal court in Omaha where jail sentences and fines have been Imposed on several of the large and prominent ranchers of Nebraska and amI South Da Dakota Dakota Dakota kota Great Waste of Money I There are now but two cases ca s left of If the score or more Indictments returned by b the grand jury last May for alleged Colorado land frauds and unless the supreme court reverses the tho decision of Judge Lewis Levis more than expend expended ed by the government In collecting evi evidence evidence dence will have been ben wasted The cases ca es still remaining are those In which John A Porter and the Porter Fuel company compan ere are the defendants The indictments Involve the location of land landby landby by b means mean of forest tore lieu Heu certificates The officers of the company are charged with conspiracy Porter Is charged with procuring tale false affidavits Neither of ot the Indictments has been attacked by b demurrer John M Waldron wal waldron dron attorney for the defendants said sald today that the defendants are ready read for trial Feb 3 The conspiracy case ill be heard in Pueblo Pu blo Defense Ready to Fight The defendants claim that they le legally legally gally sally entered upon the homesteads and ani that the lands Jand are are not coal lands as claimed by the tho government It was with the view of ot discovering whether or not the Hesperus mine workings would disclose a vein Yern of coal running i through h the Porter lands that Joseph JosephA A Walker secret service agent made the trip to Hesperus two months ago ago when he e was shot and killed No borings have hare been made maae rna e upon the Porter land and the defense will vIlI at attempt attempt attempt tempt to show that guesses as to the possibilities of coal deposits are of no 0 value alue when a man is en on trial for his liberty L C Wheeler in charge of the fraud i investigations in Colorado departed yesterday on a n secret mission to Wash Wasn WashIngton WashIngton Ington in response to a telegraphic call from Chief Wilkie He will have a con conference conference ference ferenee with department of justice of as ag a to the evidence nce obtained in Colorado of alleged land frauds with special reference to indictments quashed t by y Judge Lewi From all ap appearances appearances a the government has bs no In Intention n of or abandoning its in Colo Cob Colorado Colorado rado Federal officials here have hav been ordered to continue as it Judge Lows Lewis Lew Lowsha s sha ha rendered no po decision i S1 i |