| Show NEW TRIAL GRANTED IN SWEET CASE U. U S. S Circuit Court of Appeals Reverses Action Regarding Utah School Lands SAYS DECISION IMPORTANT R. R G. G Declares Many ManyI a I Acres of Mineral Lands Will Wi Revert Rever to State j 4 i iD 4 D Denver Sept Set 27 The Th Thc en of 4 Frederick Federick A. A S S Sweet t n f- f of th the estate ot of Arthur Arhur Sweet et from the thc district reversed re- re 4 versed and remanded l h by the thc t 4 4 United States Staten court of to- to 44 4 4 dad The case cne cne In involved school f 4 on i the thc RO government eminent f 4 It I IA Uns coat coal rights If I the circuit court has haR reversed re Judge John ohn A A. A Marshall on the thc law a w. w as asI asI asI I believe c It I has hat It Is Js the most ImI- ImI legal decision that has happened hap hap- penel in Utah since the time coming of oC the pioneers rs declared Russell Russel G G. er of C- C the law firm of or DIckson Els Ellis Ellis Els last night when shown tho the above e dispatch The Thc firm of which Mr r. r Schuler Is a member conducted tho the case for or the Sweet Interests and was later engaged ged b by the thc State of oC Utah aa as special counsel to carr carry the appeal to the clr circuit court Continuing Mr Ir said If I the caso case ha has been heen reverse reversed on the law It will wil menu mean that It will wt be but buta n a few ew years cars before Utah will wi not know what a school tax Is is for Cor the simple reason that no school tax will wil be necessary tho the funds from the state school lands hands will wi meet all al requirements for 01 school purposes not alone for tor a afew afew afew few years but for tor generations to come Effect of Decision It rt I will wil mean that thousands of or acres of or land that are known to be mineral mineral- hearing bearing will become the tho property of or ortho tho state and ma may maj bo be sold as mineral land Jand There has never been an any question question queston ques ques- tion in m my mind as to what that part pan of ot ton the Utah enabling act meant It I follows olow the exact wording of at the enabling act of or Michigan and other states which gave all nI of or certain lands to thc the state for school purposes The supreme court cour of ot tho the United States has held that the Michigan net act was legal as well wel as the same kind hind of or a clause in the enabling act of or other states There IB is n no reason to believe e bele that the court will wl reverse Itself In the thc case of ot Utah The case is one of oC long standing in inthe tho the United States Slates courts A brief history history his his- tor tory of oC the caso was given last night b by Fr Frederick A. A Sweet administrator of the estate of ot Arthur Arhur A A. A Sweet and b by Mr Ir Th The late A A. A. A A Sweet purchased the theland theland land in dispute 6 0 acres in Carbon county count near the Emery county count line lne In 1908 1905 The Tho purchase was made mado from tram parties partos who had purchased the property prop prop- crt ert erty from the state as possible public school land granted to o 0 the state under the thc enabling act In 1909 tho the United States brought suit Hult against A. A A A. Sweet to quiet title tto to the land Jand on the ground that It was mineral or om coal land and that tha tho the state had no title tte to the land and therefore therdore could not pass title tithe tte to another In the tIme trial of ot the caso case the government Jo was represented h by John A A. A Maynard as special counsel for or the department of ot justice tIme the defendant was represented b by Ellis Els Ellis ils The defense admitted that the thc land was coal cool land but argued that at the time or of the tho enabling act and e. e o en en at the time that the state sold the land It was not known to contain coal Judge Ruling Judge Marshall JH held ld that the state dl did not have a tt title title- to tho the land that it belonged to the government go as mineral mineral min mm- eral oral land In view vey of ot tho the fact tact that the state had sold many acres of ot land to which the title tite might bo be in question queston to sa say nothing of ot thousands of ot acres of oC land Jand especially in the central and southern part of the state stale which was and Is still stil claimed b by 13 the tate state as 5 school land lan under tinder the tho h enabling g act the state on recommendation of ot Attorney General Barnes made an appropriation of or and employed the firm of o DIckson Ellis Elis SchuMer to carry cary the case to tho the circuit court of ot appeals The case was argued before the tho court on May 4 last A. A C C. Ellis Ehlis Jr r and nd Russell Kussell Hussel G G. G appearing for the tha appellants and amid United States District Attorney W. W W. W Ray of ot Utah for tor the government Since tho the government go filed tied its Ia action against Arthur A A. Sweet In 1909 Mr Sweet died and nd Frederick A. A Sweet was as appointed administrator of the time estate In Iq connection with Ith the CiO CO of at land landIn landIn landin in dispute Mr Mr- Sweet Swept held hel other coal properties In Carbon and Emery Emer coun- coun ties tes All of ot these thelo properties were later sold to the tIme United States Fuel compan company com corn pan palm pany which now claims the title tithe tte to theland tho the tholand land in dl dispute |
