inbefore referred to, and made, issued, and promulgated by the said Secretary of Agriculture of the United States as aforesaid, as follows:

"The proper officers of the transportation companies shall securely affix to both sides of all cars carrying interstate shipments of cattle from the quarantined area (except those accompanied by certificates of inspection issued by inspectors of the Bureau of Animal Industry, covering shipments of cattle dipped as provided in Regulation 17 hereof, and shipments of cattle from certain areas described in the 'Rule to prevent the spread of splenetic fever in cattle,' which rule should be construed in connection with these regulations) durable placards not less than 5 1-2 by 8 inches in size, on which shall be printed with permanent black ink and in boldface letters not less than 1 1-2 inches in height the words 'Southern Cattle.' These placards shall also show the name of the place from which the shipment was made, the date of the shipment (which must correspond with the date of the waybills and other papers), the name of the transportation company, and the name of the place of destination. Each of the waybills, conductors' manifests, memoranda, and bills of lading pertaining to such shipments by cars or boats shall have the words 'Southern Cattle' plainly written or stamped upon its face. Whenever such shipments are transferred to another transportation company or into other cars or boats, or are rebilled or reconsigned from any point not in the quarantined area to a point other than the original destination, the cars into which said cattle are transferred and the new waybills, conductors' manifests, memoranda, and bills of lading covering said shipments by cars or boats shall be marked as herein specified for cars carrying said cattle from the quarantined area, and for the billing, etc., covering the same. If for any reason the placards required by this regulation are removed from the cars or are destroyed or rendered illegible, they shall be immediately replaced by the transportation company or its agents, the intention being that legible placards designating the shipment as 'Southern Cattle' shall be maintained on the car from the time such shipments leave the quarantined area until they are unloaded at final destination and the cars are treated as hereinafter specified."

That notice of said order and regulation of said Secretary of Agriculture was published in accordance with law in The Daily Oklahoman, a newspaper duly and regularly published in Oklahoma City, Oklahoma, in its issue of March 24, 1909, and that notice of said order, made, issued and promulgated by the Secretary of Agriculture as aforesaid, was served upon the defendant by service upon E. K. Voorhees, general freight agent, of said railroad company at St. Louis, Missouri, and a duly authorized agent of said Company, and service thereof duly acknowledged on March 30, 1909; that said Hugo, Choctaw County, Oklahoma, is within the quarantined district, and within the territory established and declared by the said order regulation of the Secretary of Agriculture of the United States as territory within which there existed among the cattle a contagious and infectious disease known as splenetic, southern, or Texas fever.

And the grand jurors aforesaid, on their oaths aforesaid, do further present and charge that on or about the 16th day of August, A. D. 1913, the said St. Louis and San Francisco Railroad Company, common carrier as aforesaid, and William C. Nixon and William B. Biddle and Thomas H. West, receivers as aforesaid, did unlawfully, wilfully, and feloniously receive for transportation the said thirty-eight head of cattle consigned by H. L. Sanguin to the Clay-Robinson Live Stock Commission Company, and did then and there unlawfully, wilfully, and feloniously transport said shipment of cattle as aforesaid from Hugo, Choctaw County, Oklahoma, a point within that portion of the State of Oklahoma quarantined by order of the Secretary of Agriculture of the United States as aforesaid into Kansas City, Jackson County, Missouri, in the division and district aforesaid, the same being a point in an area and portion of the United States beyond and without the quarantined district theretofore established by the said Secretary of Agriculture as aforesaid beyond and outside of Choctaw County, Oklahoma; that the said defendants, the said St. Louis and San Francisco Railroad Company and said receivers as aforesaid received said cattle for transportation as aforesaid, and transported and delivered the same to the consignee at Kansas City, Missouri, as aforesaid, when the cars in which said cattle were transported by said defendants as aforesaid did not have securely affixed to both sides

thereof durable placards of not less than five and one-half inches by eight inches in size, on which was printed with permanent black ink, in bold-face letters of not less than one and one-half inches in height, the words, "Southern Cattle," or any other information concerning or pertaining to said shipment, as required by the statutes and regulations of the said Secretary of Agriculture, as hereinbefore set forth, and when the waybills, conductors' manifests and memoranda, and bills of lading pertaining to said shipment did not have the words, "Southern Cattle" plainly written or stamped upon their face, as required by the statutes, rules, and regulations made and promulgated by the Secretary of Agriculture as aforesaid, contrary to the form of the statute in such cases made and provided and against the peace and dignity of the United States.

Form of Indictment for Fraudulent Use of the Mail, Section 215, Approved in Belden vs.

United States, Fed. 223, 726.

The indictment charges Russell G. Belden and A. Eugene Wayland with having, prior to January 18, 1911, devised, and intended to devise, a scheme and artifice to defraud one John Neiderer, and divers other persons to the grand jury unknown, which said scheme and artifice to defraud was to be effected by the use and misuse of the United States postoffice establishment, with intent to incite and induce such persons so intended to be defrauded to open correspondence with them, by means of printed circulars, letters, and reports distributed through the mail, deposited and caused to be deposited in said United States mail for mailing and delivery to such divers persons intended to be defrauded, which said scheme and artifice to defraud so devised and intended to be devised by said defendants, and each of them, was substantially as follows:

That defendants would cause to be organized a corporation to be styled the International Development Company, to be controlled and managed by defendants, and each of them, the purpose of the corporation being to act as the fiscal agent for certain other corporations and firms thereafter to be incorporated and organized by said defendants as a part of their scheme to defraud; that defendants would, by themselves

and through the Development Company, cause to be procured and obtained certain coal claims, having little or no value, situated in British Columbia, Dominion of Canada, and would cause to be organized a corporation to be styled the Michel Coal Mines, Limited, with a capital stock of 1,500,000 shares, of the par value of $1 each, said claims to be transferred to said Michel Coal Mines, Limited, in consideration that the said Michel Company would issue to defendants and the Development Company a large majority of its capital stock, fully paid up; that defendants would thereafter procure and cause to be procured other claims adjoining the aforesaid claims, and would thereafter cause to be organized another corporation to be styled the Crown Coal & Coke Company, with a capital stock of 2,000,000 shares, of the par value of $1 each, for the purpose of taking over said coal claims, and that in consideration therefor the Crown Coal & Coke Company would issue to defendants and the Development Company a large amount of the capital stock of said Crown Company, fully paid up; that defendants would cause to be procured other claims, and cause to be organized another corporation, to be styled the Empire Coal & Coke Company, with a capital stock of 1,500,000 shares of the par value of $1 each, for the purpose of taking over said claims, in consideration that said Empire Company would transfer to defendants and the Development Company a large majority of the stock of said corporation, fully paid up; that defendants would cause to be procured a charter for the construction and operation of a railroad, ostensibly to furnish transportation facilities for the product of the alleged coal mines, and to be operated in connection therewith, and would cause to be organized a corporation to be styled the Crows' Nest & Northern Railway Company, with a capital stock of 20,000 shares, of the par value of $100 each, the said charter to be transferred to the said Railway Company in consideration of the transfer by said Railway Company to defendants and the Development Company of a large amount of its capital stock; that the balance of the capital stock of each of the aforesaid corporations, namely, the Michel Company, the Crown Company, the Empire Company, and the Railway Company should and would become the treasury stock of each of said corporations, respectively; that defendants would from time to time dispose of large amounts

of the capital stock of the various corporations which had been transferred to them and the Development Company; that by means of stock ownership in the Development Company defendants would procure and maintain the management and control of the Development Company, and through said ownership, and by manipulation of the stock and books on account of the various corporations, said defendants would obtain and maintain control of all such corporations with intent and purpose to defraud said divers persons.

It was further a part of the scheme that defendants, in their own names and in the name of the Development Company, by means of letters, notices, reports, circulars, and a prospectus sent and to be sent through the United States post-office establishment, would induce persons to purchase shares of the capital stock of the aforesaid various corporations; and, in pursuance of such scheme, defendants did represent and state that the properties owned by said corporations, and the capital stock thereof, were and would become of great value, whereas in truth and in fact, as defendants well knew, the properties had no value, except that the claims of the Crown Coal & Coke Company contained valuable deposits of coal, which fact was fraudulently used by the defendants and the Development Company to aid them in the sale of the worthless stock of the aforesaid various corporations so held individually by defendants and the Development Company, and did falsely and fraudulently represent and pretend that the claims of the Michel Company and the Empire Company contained valuable deposits of a very high quality of coal, all of which was false, as defendants well knew, and did further falsely represent that the Railway Company had acquired a right of way for the construction of a railroad a distance of 15 miles, that they would construct and operate said road in connection with the mines, and that the proceeds to be derived from sales of stock would be used to build and equip said railroad and develop and equip said coal mines, whereas in truth and in fact, as defendants well knew, the Railway Company had not acquired a right of way, and proceeds derived from the sale of said stock would not be, and the same were not, used to equip and develop the respective properties of said corporation, or to build said railroad, but that a large sum realized from such