Show HAS nAS RIGHT TO AGREE AGE TO SELL SEli Ills HIS LAND LANDi i S i Government Loses Barber Barbe Alleged Timber Fraud Case in Idaho SAN Kelt 20 Fht O. lh That t the thc offer of a corporation to purchase lands Janris from 23 as as the latter ha have haC C complied with the pro i provisions ions to 10 obtain from the Lo title to such lIch lands lamis is isle le legal al i is the gist of a ruling made yes yes- b by Judge o W. W B. B Gilbert in tho the United States circuit court of appeals The Tho case easo decided was I that of tho go gov- gov 3 against the Barber Lumber company and nd others for alleged cd conspiracy con con- to defraud the government jo of lule larie tracts tract of timber lands jn Idaho by the thic use of ot ot dummy Gilbert Gilhert referred to various precedents emphasizing the ruling in inthe inthe the tic famous Budd and Clark C cases and en said Enid id The lie decision o of the present ca caso o Is 15 I ruled by y J legal al principles announced in inthe intile tile tie Budd case and in the Clark c ease case sc Those Thoc decisions arc are a authority for the proposition tion that a person or corporation corpora tion desiring to acquire title to a largo large o body of timber lands of tho the United States under the timber and stone act may mav express that desire to another anc and mar ma enter into an au a agreement with him to buy bu buthe the lands upon biB nis obtaining titie ti ti- tie thereto and roar may loan him bim the money mon moo ey Cr with which to acquire re title sad and may in inspect and aDd select the tho lands and that such person or corporation is not bound to inquire into the methods method b by which tho the other party to the contract acquires title and is not chargeable with knowledge knowl crt edge e of any fraud upon tho the land laws that he may maj resort sort to and that in taking tak take in lug ing title ba based ed noon ucon the issuance oJ of final receivers receiver's receipts to the entry- entry man without mutual knowledge e of such fraud or of facts sufficient to put one upon inquiry such person or corporation corpora tion is an innocent purchaser of the land The rhe case cae grew out of ot the filio filing of oC applications ap ap- by on Boise basin Crooked river and Six Four lands in Idaho Idabo in 1901 and 1902 The da do were the Barber Lumber compan company com corn pan pany James T. T Barber Sumner G G. G Moon William John Kincaid Louis iii M. M Pritchard Patrick H. H Downs Albert f 1 K Palmer and Horace S. S Rand Hand Tho Thor They were accused of in ha having conspired with former Governor Frank berg of Id Idaho ho John H. H Wells and othera oth oth- era ers to defraud the government The lower court dismissed the bill on the around that there was was' insufficient evidence evi ei dence deuce to connect the defendants with tb the alleged conspiracy cv |