Show WITHDRAWING lAND WAS tAS JUSTIFIABLE Governments Government's Position Not At Attacked Attacked Attacked At- At tacked by Attorneys for fOI Defense in Case I DENY VIOLATION OF LAW i Arguments on Demurrers in I Federal Court Bring Out New Points in Law I 1 4 t. t THAT 1 CONSPIRACY Y C USg I 4 f- f I If Ir two or more inure persona con con- 4 4 1110 either to lo commit any off of- of 1 1 4 f louse e a against l aln the time United States Stale f for or om to Lu defraud the time United States Stales 1 4 I f In lim an any manner or om for fit an any pur- pur f 4 44 1 4 I posy lits Ill l' l and one or 01 more mOle of such 4 parties tb do du nn any act to lo effect freet the time f 4 object o of time Iho con conspiracy all allt I t- t the time parties to such conspiracy cy t 4 shall hall be liable to tn a penalty of off f not less les than Ihan I and not nut I 4 more tuna than and to lu Imf Im- Im f of not mint more amore ha than mm II I 4 two ea cat s lg Section c Ci i i ii I lie lie- United 4 Statutes of the time f states Slates 4 4 4 Arguments on oil tit demurrer filed Ille on Oti the time first case cale of Its 1 kind in time the history of or tho the United Slates States on eu section of the time lie lie- Isell Statutes of or the Hie United States Stales were well hoard d before Judge Jull-c John A. A A Marshall In Inthe Inthe the time Federal court in Jim Salt Lak Tuesday One of the arguments presented h by time the defense was as thit timit h the time law lam hall hail Inn tut-mi tut n on omu th time the bool books 8 for rOl nearly 1 40 H years ars no one hall hail ever thought hl of criminal crim im inal action against n time the perpetrators of land frauds against the time government Ao The flue ease case is that lust of time the United States agaInst l Don lotu C C. nou Waller G C. C Flier Filer s Charlls M. M Freed Fm antI and I W. W Senior who arc nrc l with conspiracy under mime ibo In defrauding the government out omit of coal landa in Utah Time The defense does docs not nol appear lo to deny In him Inar Inary ar ary way that I the hit he Intent and ami spirit of the time law relating to the time disposition of or coal coat lands was anti and Us Its Intent Counsel for or the defense on the time other hand practically n admitted 1 that time the government gov gov- OV-I OV wan vas Justified in revoking rc the time li lilies ti- ti tics lies to lo the time largo large tracts of laud land acquired and amid In Iii an aim Indirect WO way it was admitted that till tue defendants had agreed to turn lurn turnover turnover over O the time lands acquired to another Inter Inter- st. c-st. II t. t Attorneys who 01 are arc In clo close cIoe c touch louch with willi Iho government Ao offIcials official 4 who ha have been pursuing time the lan land grabbers regard this as one omme of or the most mot important that lias 1158 come COtil- III up In recent years ears It Il Is cn- cn ally em-ally understood that no matter how th thC the C casc ea Jl e C Is decided it h by Judge Marshall hall It wIllbe will willbe be jc to th time the Circuit Court of Appeals will lust find Its ItH W wiy to the time theS C i. timm I Q S 1 r Co u ration John M M. I. I Valdron who with I other f al- al t according to general b been n retained lJ by time x tl to lo the tho rf fr m O nearly nil ill nil diy day with his ar argiT I rients lIh his lila Intense c tre jf ot oratory Mr 11 made mude the time co corr- corr r dots s of time thc federal building ring from front l' l L I to lo roof and as each cach point ot otiis ims hR argument wa ai brought to n mt climax th tic tic- very windows of the tIme building rattled S So loud butt were wen his hl arguments for fOl n a time that the doors of the thc offices which usually alund l II open during durin office hours hour were the time tine line nn nut and even en l tight all alt along tI clerks clerics engaged In lii Wom oil i ion n some of sif f the on an account laid their theil hool books s a aside tOll and andi the storm torm bat i jilted until before th they could rc resume work orl Mr Ir Vf main argument was wa In a a. deft defraud time the word till lit meaning of flight of that took look him tutu from om to lo Constitution ami from common common com cOni- mon law to lo decisions of oC the time Supreme me Court of or the time United States Mr lr n. n that tIme the woid v-oi-d defraud had Imad sep separate 11 a arate fa te meanings meaning In law laa and amal equity equit cas cases The ihie attorney held that In court the time defendants de tIe- were en entitled tI tIlI lo to time the construe construe- lion most r Grat In their cu case J Drilled Irregularity Prosecution tn under time the limit Indictment lits n against his s client clients was vas such that thai th time crime cha changed was wag tim III l Ir 0 hI ron I lit Mi- lu said ald that IIO possibly pos to- sibly time the defendants reO ml might ht have o entered Into liuo an all a agreement as aM to lu time the of or time the lands hinds to lo be acquired from fromn time the guy gov- Ue U e hut but that thai In acquiring the mud land th they hail hall complied r with time the loiter letter of th lim thIll Ill lev IllIn In evemy particular I Iel Every el affidavit y had made malIc was absolutely CO correct e I and amid there here was nothing Irregular In their theil ml mod of acquiring their theil titles lilies according accord accord- In ing lo to time the l laws law of or the United States Slates Their only possible offense was Va In that th ir-ey ir did the time attaches of th lit lit- Il office mat lat after acquiring the tho land II it to lo ircy c to turn over O rUes 1 and amid that th an nn understanding to this effect had been i cached 4 As to their theIl failure to do o this Ibis the the attorney held that litre was no nu law hi hion on the Iho book buoi that thal required to lo do 10 so ho hence there hau hR been no nu violation of 11 tummy uny law lawAs lawAs As an Mr tir Ir Waldron aldron said al b A and amid B Li should enter into Ino an aim that heAt A was to 10 acquire government govern govern- ov rl- rl ment In Iii the time 1 gal ic-gal al manner and then tic tin lurn n them tim over to II B who In turn should hear Icar nil all al ih th expense c of ac the land landi i ui un pay A for or hl his tIme lime and trou trouble l In Iii Inthe II the time If Intended thai this Ibis should be lie a crimo y y In the time name nam of common house ense had hadnot hac I not congress passed sed a law to lo this hits effect 1 I ago ao What I 1 am lucre here to lo contend with wih h la is that thal there I Is ii no such law said Mr a Will Will- dion du drol This action acton un under el the indictments Is 12 virtually Riving time tho e of this court coull the tue tie power lo to declare e what I Is law ian No Ni Time Was Vms N Charles Chades S S. Varian Varlan 00 one oc of or time tho to local at attorneys ut- ut retained to assist assis time the defense spoke briefly after Mr If V Waldron had au on omm 01 various technical point point- J JIn In II time the tl lt Indictments One Omme of or his arguments Si was S as dint the Indictments did di not state stale tate the time time when time tn alleged conspiracy was formed and he ime brought in Iii the IO possibility pos ios of o relief h by the statute of limitations limita tons from room that luSt I score J I Hirm I Ira in 1 13 r United Suites attorney followed Mr Ir Varian Varlan I the time ar arguments um patented I b by Mr Mf Waldron 1 1 no tic 10 main line lne of Mr Ir Booths Booth's ar argument wa was ants that time tho meaning o of the word was vis broad enough to cover el co time present ell case and to sustain such uch an In- In as IS had hiatt been en brought against the Ihn defendants Cases rind amid Incidents were veme cited vh e le conspiracy hUll had been shown through fraud within th time the a accepted meaning mean mean- lug ing of the time word Arguments for Cor at im- l prosecution will vIii wi I be iS continued ll I by 13 Special Attorney Fred A. A this morning |