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Show SALINA, UTAH, FRIDAY, JANUARY 2, 1925 VOL. 7. No. 31 Government Loses In Uni Canyon Right of Way Suit The controversy over the right of way tluougn salina canyon, and wruch has been in litigation tor many months, is settled in so far as the recent suit instituted by the government is concerned. The United States go eminent as plaintiff, sought to secure a forfeiture of the through the canyon by the rail road company on two sets of permits granted each for twenty miles. The defendants in the case were Thomas H. Beacom as receiver, and the Bankeis Trust company and the New Yoik Trust company, as' trustees. Judge lillman L. Johnson, before whom the case was heard, rendered a decision last week, the substance oi which is as follows: The Castle Valley Railway company in June, 1902, filed with the land oliice, under the act of March 3, 1875, an application for a right of way for a railroad over public lands in Salina canyon, embracing twenty miles in length. The application was approved the following July. A line was constructed and completed which was largely destroyed by floods in 1903 before trains had operated on it, and this has never been fully restored. In 1908 the Denver & Rio Grande railroad acquired title, and in January. 1914, applied for right of way over twenty miles adjoining to the east the application being granted in November, 1915, by the secretary of the interior. In 1921 the Denver & Rk Grande Western railroad acquirer title. The United States brought actior of forfeiture, enjoining the defend ants from further occupying thr grants, largely on the contention that the right had been forfeited through failure to comply with the time limit and setting forth that public interest required the judgment. S. W. Williams, special assistant to the attorney general of the United States, presented the case for the government. The court held that the attorney general was within his authority in starting the suit, which was claimed as being not within hs power by the right-of-wa- y . defense. Hi Her The Farm Bureau Essay contest which closed December 15, proved an interesting feature with the contestants, and 83 essays weie submitted to the judges. The task of segregating the winner has been a big one, anc the judges, A. J. Ashman, S. li. Boswell and L. W. Gardner, have made the final report. Bert Greenwood a member of the ninth grade of the Central sehool, captured first prize. 1'he subjects given were Why Dan Should Be a Farm Bureau Member, and Why Dad is a Farm Bureau Member. The decision of the judges in the allottment of prizes shows the following: First Bert Greenwood, Central Second Ruth Yergensen, Monroe Third Dean Stevenson, Central. Tilt capital prize was $10; the second The court traced the development and lack of development of the line from 1903, when a large and valuable deposit of coal known to exist in the vicinity of the first grant stimulated the railroad enterprise. Between December, 1913, and November 1914, reconstruction expense amounted to $35,000 to partly replace the washed out line. The approval of the secretary of the interior of the second right of way in 1915 should be viewed as carrying no weight in claiming nonuse on the first right of way to chat time, the court held. Failure to resume construction after the outbreak of the world war is generally understood, the court held, and obviously no steps were taken Jo resume operations while the lines were under government control, 1917-2In a subsequent period the railroad vas operated by a receiver appointed by the United States district court of Jolorado, which authorized and directed certain expenditures for reconstruction, and Judge Johnson held this :ould could hardly be expected to review and condemn the other courts setivties because it did not authorize omplete restoration. Judge Johnson held the record howed no other company desires to mild a railroad through Salina and that, except for some cross-ngthere is ample room for a high-va- y alongside the rights of way if it s needed by the forest service. It would be a sheer act of conflsca-io- n to declare the right of way the court held, so as to per-nappropriation of this unfinished ailroad grade as- - a public highway, prize 0. can-ro- n, it nation. -- and no public interest would be served by forfeiture. The court said that the legislative branch of the government which granted the right indirectly and set the time limit, has full authority to forfeit, and that this arm of the government has not authorized this court, as a judicial tribunal, to declare forfeiture after expiration of the time limit. Judgment was entered the complaint. dismising Is CalleS Tales Aste $2.50. self-sacrifi- d, 4. .j. J. ... .j. 4 J. 4 4. 4 4 top 4 4 4 4 Marked by the immediate issuance Mrs. Anna Lenora Anderson Jen )f two formal orders, transfer of the sen, one of Gunnisons highly re- Jenver and Rio Grande Western sysspected citizens, passed away at her tem from the control of T. H. Beacom, .home in this city Wednesday morning receiver, to the Missouri Pacific and of last week, following an illness ol Vestern Pacific railroads, took place nearly ten years. While Mrs. Jenser it midnight last Friday at Denver. had been an invalid to a degree, she Colo. J. S. Pyeatt presented the deed Was able at times to be up and about or the roads property to Receiver her home and her affliction did not Beacom and his authority for taking keep her bedfast at all times. Earh iver the big line. The new controlling Wednesday morning she complained ower will carry on under the same of severe pains in her heart and Mr iame. Jensen immediately gave her atten The orders issued by Pyeatt gave lion. She was able to get up and as ormal notice of the change, notifying sisted, she went to an adjoining room employes that their positions would On her return she became worse ant ontinue under the new management gradually sank, and death claimec md informing creditors that all bill her a few minutes before sever r settlements against or in favor oi oclock. . Mrs. Jensen suffered wit! he road for December, 1924, either severe heart trouble and this wa; lefore or after the change, would be given as the cause of her calling nade by or to the new company with-u- t She was conscious until the last min division. ute and conversed with her husband Pyeatt announced he plans an sawing she realized the end was neai trip of inspection over the and hated to go and leave her family ystem with officials of the two purand friends. chasing roads. Operation will be con Some ten years ago Mrs. Jenser tinued independently of the two parsuffered from defective heart. A yea) ent organizations. later she had a slight stroke of ap Another important announcement Since that time her healtl polexy. rom the headquarters of the com-oan- y had gradually failed. Notwithstand is to the fact that J. T. Slattery ing her affliction she bore her suf division superintendent of the Salt foring and was always cheerful unde bake division has retired on pension. the trying circumstances. VIr. Slattery has been in the service A high tribute was paid to Mrs 'or 31 years. G. E. Johnson, well Jensen when the last final rites wen mown in railroad circles, has been held for her at the Relief society hal to succeed Mr. Slatterey. last Sunday. The church was filled capacity with friends and relative Sustains Bad Burns. a41 throughout the services werr John B. McMillan, of Sigurd, and most impressive. Ernest L. Swalberg mil known throughout Southern conducted the services. A selectef victim of bad scalds at was the Jtah, choir rendered a number of appro bis home last' Saturday when the priate selections and Mrs. Emih vater jacket in the stove exploded Knighton sang a solo. The pipes had become frozen and Joseph Christensen of Gunniso? vhen fire a was built the pipes burst, and Chas. II. Embley of Centerfield hot water on Mr scalding hrowing were the principal speakers. The life flesh McMillan. was more or less The of the woman was eulogized and he urned from his neck to his feet, but character and splendid womanly Late traits were praised by the speakers 'ortunately not seriously. were to the effect that he was (Continued on page 8) retting along splendidly. . d t re-or- ts 4 4 4 4 4 .j. ... ... ... ... ... .j. ... ... ... ... ... ... 4 4 4 4 4-- 4 4 4 4 .J. 4" 4 4 A Resolution 4 4 4 4 Bbw Hail President Jensens and the third the Farm Bureau: My Dad is a member of the Farm Bureau because he is an American farmer, descended from that sturdy Pioneer stock, whose tireless energy and cleared the wilderness and builded n agricultural s, for-eite- $5, Two dollar awards were made as the fourth prize to Joy Secgmiller, Richfield; Robert Forney, Elsinore; Maurine IlendricksoYi, Glenwood; Helen Larson, Elsinore; Ruby Camp. Anna Annabella. Christensen ol Richfield, Maggie Hunt of Monroe. Maurine Cowley of Venice, and Utana Anderson of Glenwood, ranked fifth and each received $1 cash prizes. Following is the essay written by Bert Greenwood, winner of the first prize, on Why Dad is a Member of firmly resolve that during all of the year 1925, and for years after, that I will be a supporter of my home town. That 1 will not knock my neighbor or my home town merchants. I That will forever forget the mail order houses and do my buyI believe that by ing strictly with my home town merchants. I buying at home, right here in Salina, that will be doing myself and my fellow citizens a good turn and that I will be I beaiding in building my town instead of tearing it down. lieve in our own schools, our own churches, our community, first, last and all the time and to the end of making Salina one of the best and, most progressive cities in the state, I will refrain from sending money to other cities for my home whan it can be bought here. If every resident of the city of Salina will adopt the above resolution and carry it out to the letter, one of the greatest benefits the city ever had would result. A brief survey of the incoming mail indicates that entirely too much money is being sent to eastern mail order houses. It is not only during the holiday season that money is sent to the eastern houses but it is a practice at ail times with some. Can you expect your merchant to keep abreast with his stock of goods if the patronage he is justly entitled to is sent to outside towns? There are times, of course, when your wants cannot be supplied, but your merchant can get the same for you as the mail order houses supply. Everybody knows that to be successful a merchant must have support and the more support the better the store and the better the town. Salina has a variety of stores and it has a newspaper, so why send your orders elsewhere. Try patronizing your home merchants and your home printer for a year and see the results. It will be surprising the help you are lending in building up your community. I - - : 4. 4 4 4 4 4 4 4 4 4 4 4-- 4 4 4 4 4 4 4 4 9 4- 4- 4' 4. 4 - 4-- 4 -44 4 44 4- 4 4- - 4- - 4-- 4- - 4-- 4- - John Gertzenschlnger, of Salt Laki City, extra engineer in charge o t 'reight train No. 591- southbound 'rom Manti, was crushed to death md J. W. .West, fireman, receivei severe injuries to his back, and Head rrakeman O. W. Kelley received bat nuises and scratches, when the en ;ine pulling the train left the' tracl md turned on its side last Friday norning at 10:10 a. m. The accident ccurred directly at the road cross ng at the Sterling siding and it b laid that ice freezing on the track was the cause of the engine leaving 4 4-- Pleasantly Surpirsed. Uas Slight Operation. was compelled pleasures dur-non account of was forced to undergo at the Salina hospital last Friday. Tom had his tonsiles removed He is and his teeth extracted. as progressnig nicely. Tom Humphrey, Jr., few of the o forego the holiday season a slight operation he v!-4-4-. g Record Ticket Sale. II. S. Carlisle, agent for the Rio Grande at Salina, reports a record sale of excursion tickets at his office Wednesday of last week. The total sales mounted to the high peak of $216 and comprised holiday vacationists going to northern points. Agriculture is the foundation and the greatest source of our countrys original wealth. This fact has been disregarded to a large extent, even by the farmers themselvs, causing much of the depression in agriculture today But this depression is notgoing tolast. because the farmers are waking up They are looking beyond the limits of their own barbed-wir- e fences and reno one man can solve the that alizing problems of agriculture, hut that it takes the efforts of al farmers tq do it. Out of this feeling, has grown a great organization known as the American Farm Bureau Federation, and it js my purpose to tell you what that organization is and why Dad is a member. Dad joined the Farm Bureau because he was convinced that it fills a long felt nee4in the farming industry of our countrIIe felt the farmers " (Continued on page 5) At the annual meeting of the Sevier County Farm bureau, which was held in Richfield Thursday of .ust week, the following oliiceis we;e chosen to guide the destinies of the organization for the ensuing year: President, W. D. Fitzgerald; James A. Christensen; vice-preside- W. secretary-treasure- r, Additional G. Coons. members named for the executive committee were G. W. Staples and Mrs. Chariton Seig-milie- r. Report from tha various officois nd committees were received and generally speaking the bureau is in a flourishing condition. Two sessions were held, at morning and in the afternoon. President Fitzgerald pre- sided and in his address he gave a brief outline of the activities of the organization during the past year. The report of Secretary Coons was L. W. Gardner, given and accepted. who acted as executive secretary during the past few months, gave an extensive report of his work among the "arm bureau members of the county. At the afternoon session S. R. Bos-vcl- l, county farm agent, submitted report of his activities since coming to the county in April of last year. Mr. Boswell gave a brief outline of the campaign he has planned during 1925, and in addition reported rn the Farm Bureau Essay contest. Both reports were accepted and the eounty agent was given a hearty vote of thanks for the faithful work during the short period he has been in the county. A report of the activities of the Home Community section was made by Mrs. Stewart. New Officers were selected for this part of the farm bureau work with Mrs. Chariton president; Mrs. J. W. Stewart, i Secg-mille- Mr. J. W. Ross, secret- " The officers, toMrs. Geo. with gether Brugger and ary-treasurer. Mrs. W. S. Greenwood, will consti- tute the board of directors. Ernest Christensen, as president of the poultry association, made a reL. W. port of that organization. Gardner gave an outline on the dairy association number one, and G. A. Staples on dairy association number two and President Fitzgerald reported the activities of the Sevier County Tax association. Martin P. Brown, of the Utah State Farm bureau, was a special guest at the annual meeting. During the evening Mr. Brown the farm bureau members at the third ward charpel at Richfield. vice-preside- nt Further benefits of the friendly between the Auto club of Jtah and the Southern California ouring organization accrue to Utah s the coast organization carries out ts development campaign into new lelds. One of the best and most valuable lieces of publicity Utah has yet received advertising its southern appears in the December ssue of Touring Topics, a publication .f the California club which has a von-ierla- ieulalion of more than 100,000 copies md is the largest touring magazine ublished. The article appears under .he rails. Engineer Gertzcnschlag-erhe caption of The Romantic Backcrushed to was a and bodys pulp ground of the Arrowhead Trail death was instantaneous. The comadvertises the entire southpanions of the engineer, the fireman hough it md brakeman were in the cab when ern Utah section. A second example of the potential the engine tippled over but in somi manner were able to crawl oul advertising power of this organizathrough the scalding steam which tion appeared recently in a Sunday Issue of the Los Angeles Times wfiich was escaping. s closely associated through inter-'ockin- g wreck the Immediately following directorates vith the touring W. T. Dickert, conductor in charge of fhc train notified Ira Overfelt, sta- bureau. The whole ably illustrates tion agent at Gunnison and ,the call the three major scenic attractions of for help was dispatched at once Utahs Dixie and speaks of developCrews of men left for the scene ol ment planned in this section which the wreck in the hopes that the body (quoting from the article) wall have of the engineer could be rescued the effect of stimulating travel vastly. More than a' hundred men were on Not only wall it be a strong appeal to the scene but nothing was done to- the eastern motorist coming as far wards takig the body out until orders as Colorado but a new series of tours s opened up for Southern California were received from the railroad headwho have long been familmotorists mesThis from Lake. Salt quarters iar the with signs of the Automobile sage came ahont 2:30 in the after"lub now extending through this ternoon and immediately willing hands Charles Henry Gates was oUasaotly surprised last Sunday when many of her friends at hi red at her home for a social time. Cards were played and later delicious refreshments were served. In the contest at cards first honors went to Mrs. R. B. Evans and David Evans, while Mrs. Carl Forshee and O. A. Gates captured the consolation The following guests were prizes. rresent: Messrs, and Mesdames David Evans. C. Nielson, G. A. Gates, A. II. Evans, Charles Nordfelt, Carl ritory. Anderson, R. B. Evans, Ira Rasmus- started tunneling under Ihe monster In the Southern Utah territory are The of wens last remains the sen, E. C. Wright, and Carl Forshee, engine. ncluded the spectaclar Bryce canyon, 7 oclock. about out taken The at , Mrs. Eliza Gates, Mrs. June Webb and Grant Gates. (Continui3 on page five) (Continued on page five) Mrs. eve-un- g |