Show COAL CASES UP FOH HE may be months before becis ion Is reached TRINIDAD COLO CASE CITED BY ATTORNEY BOOTH 4 waldron he the colorado lawyer 1 4 makes strong argument for the accused men jude judge marshall takes the cases under advisement the th fait fa t that t t the th defendant d f d t in I 1 tho t e oal oat laud fraud cases secured tour our thousand acrea acres of ot coal ind and amus furred abo th tract to the utah fuel con cora pany and the pleasant piea sant valley ct company my child ahil under the federal att utes the amount of lend land which any association k so or corporation can obtain from the government la Is alk elx six tj hundred and forty acree acres I 1 Is brae ame by the government to conclusively vely batal leh ob ita bontea ton inn that tho cued are guilty of a crin lual conspiracy to defraud thia was aa aba he baalu of the argument for the ined t pro p re by P 11 A maynard ap aa as blatant to the attari al torry y general iw fore judge marshall in the federal fo deril its 1 brict court at 8 salt it lake city last i am to how many bales tho the entire clip week lu fit nakina that the denurr demurrers ora eu by c m freed W a 0 filer don C robbins and EL rl W senior be not sustained the case was submit sub silt tod the edga taking it tind ir ad vi great interest Inte roBt centers in the final disposition of the case not only in utah bof o 0 p u all the state states where rol row hinde lands haic been acquired andar the coat land laws nr nt tho the united cutes since 1873 coat con ads have been acquired al all over this thi country much in the same way that the dependants acquired those for which they now stand indicted for fo thirty four dair yelm the statute relating to the entry and purchase haae of public coal land lands baa bas bate a law gut out until now no crt criminal ge 1 tion haa has ever been that auction on ail an indictment charging fraudulent entry and purchase haae of coal lands for tula on the pub lie interest Is widespread while in addition to the p balc interests Int ernets local interest IB Is intensified to some ex tent by reason of the prominence of the parties accused by the government ir in practicing fraud and deception as it alleges alleg va in the entry and purchase PU lchase of public coal lands during several years past tho ROT gov ornament haa has been somewhat what active in instituting suits in courts of equity to mt aside the title in those cases he tho government ha hae been success ut in many instances In it ia lit only within the last year that the arm of thi criminal law has beer invoked to put a stop to baese alleged fraudulent methods of procuring title to coal lands and ihle this IA 1 the first case in which a conviction ia Is berred ought sought under the ih section above re 41 at HIP the opening of court district attorney booth to argue on up behalf of the government and in de at faasse of the sufficiency Melency au or of te the indict 4 meat and contended that section revised statutes of or the uni stated 1 lating to coal lands pro el videe vides that an association of o 0 persona can enter and not to exceed three hundred and twenty acres acrea a d I 1 by expending not less than civo sand dollar ail o 0 provided in sec see tion 2343 may enter and purchase not to exceed fix pir hundred and forty acro section 2300 allow allows only one enty IY ly any association of persons and la is na as the government contends a on against any of per sons eons entering or in ex cess ot of the ho of acres above stated and anti that any combination which hae has for it its purpose the entering ent erinc and purchasing of land in excess of that allowed hy by statute Hta tita tute tr any asso elation of persons whatever wha teTer their number where tho the land is bought aught to he acquired an tn one on track ira 13 com bin atlon for an illegal purpose unlawful and fraudulent especially where persona persons are hired for a tion by auch such an association and 1 larg tracts of oal oat lands are secured with wat the money furnished fum lahd hy by the ass assonta octa tion such a combination coa cou tended whether P corporation that has already all that it t entitled to under he the law or an asso asilo certion vf yat persons formed to evade the continual m a rage u J 4 buil COAL 11 LIND 11 1 1 UP FOR concluded prom a araxe i 1 iowa laws would be an 1 conspiracy to defraud the government governments as do fined by section revised statutes of the united states this statute may no so far as thie this case Is concerned concer ped too be referred to it reads as follo follow wt it if two or more persons cou conspire spire to dei del rand the apud states in any manner or for any purpose they shall bo LO guilty of conspiracy but an overt act la to becz necessary to make them criminally liable booths contention wee wax that the werd do fraud as used in this section of the statute tute is lit a generic term and h BOS a very broa bros 4 mean lag thai that it emr 3 any fraud ta in aay any mans r for stay pur pun diee that the wod defraud de fraed or dewye deceive as defined by lexicographers are re nearly synonymous end and say deception or artifice practiced on tho officiate of the government governa tent li ir the il 11 legal or unlawful fut procurement procure meat of pub he lie coal lands Is a fraud on the gov go 1st 1 and within the moaning meaning of tile rord vord defraud as asid in said becklun buo ato booth recited the Trist dad case aad and tills it appeared the laala ram um which the coT gov emment amment relies for authority in this thin action that waa was a case in which the corporation pro cared red coal lande lands by having ita its ogi officers cers agents and employed emp loyes enter and pur chase coal lands with its money and for its benefit action by the orpo was to be a fraud upon the govern aint this was a case in equity and the supreme court sustained a decree canceling the patents to the coal lands obtained in this manner in reply ti to judge argument the words fraud and 11 its wed in equity proceedings ce have an entirely meaning than tha the word defraud ax sit used in section and that the word defraud as used in bald section should have a limited and restricted strict ed construction ae it would have if it veed used in state criminal statutes booth read many manir dele decisions lons where tho word defraud bad been used to the contrary and la slated that in placing a construction upon this stat me ute it not be interpreted fron from the standpoint it would be it tied in tho states statute enacted for the purpose of protecting protect lEi property rights of individuals lb constituting a state he lie contended that the word defraud aa an here used has reference to a broader purpose that of protecting the government in tta its administration under the lav law as well as an protecting government he lie further contended that to defraud the government it is cot riot necessary that the government govern meAt bould a aff pi loss bobul iras followed by special aa As alstadt tuned state states attorney may nar who briefly addressed himself in n answer to some of the salient points in the argument of judge waldron in 14 his opening tho the previous in lit referring to the deafen naSs contention that it Is impossible to frame an in under section maynard aynard JM said if wo we cannot bring a tion let us find it out now may ard en on this point bald said that the prin raplee 0 of law were carefully examined into by the law aricere of the gov e ermest before etoie these prosecutions were brought bt ought continuing conti gultig he wid said we claim that we have a case we claim that it was a conspiracy to defraud the government by a violation of the acpal land act by these defendants here frere counsel for the government read from the acri land act IQ in entry of publia ca land maynard bl aYnard contended that afy 10 lo go iho limit proscribed by congress ss Is an injury to the people a fraud upon the government they cant by hiring dummies by hiring persons and giving them th ora uty fitly dollars a piece to do d 0 this tb is work cecase from the penalties of the a law this closed tho argument on behalf of the government and john NI waldron dron proceeded to cloae close the caso tor for the tho defendants his argument was lengthy in emphasizing much that was eald said in his previous he e ir every pont point I 1 raised by the gove e at on and d caa a oyied and add reviewed every sloe read and relied upon to alvo the thet PIt lff standing in court in adli acts as he the defendants are accused of haying having practiced id proc procoro tiro title to the coal lands as se beet forth in tho the indictment coldron eald said that mern concealment is I 1 not of itself evidence of a crime there theta must be active effort to conceal acts bedora a crimo can be committed mere mero with holdina information Is a jont ant conceal 1 ment la it of ofia MW fa in this a C U C the government govern me nt contend contends that a exists chero no falee false state ment has been made la in order to constitute a fraud and under section actual designed mis must bo be made dwelt at length on the difference of tho the coal land law 0 pad nd tho the law laws by which a a timber m or etoni entry la Is acquired and nd aid bald thai that when whop tho the court Is I 1 asked to carre out idi infamous off offense en 1 0 by an a interpretation of the taw law 11 1 4 boly jing ing the liberty of vf the citizen cit cItI laen xen a judge ought to hesitate heal tato to long ae before be he would piece place a construction upon tho the that would mako theeo defendants defea danta fel ona ons it la Is a momentous responsibility argument concluded coic eluded tho the case and 41 was submitted to audgo Marz marhall ball As bodif side brye thirty days in which to file their brief the will probably not be forthcoming for at lout two months |