Show UTAH FUEL FUE COMPANY CHARGED CHARGE WITH FRAUD FRAUDIN IN AFFIDAVIT FILED IN THE LAND OFFICE OFFIC In the lie Davies case which is now pending the fuel com pan showed shoed company a re resentment at being harassed for the third time and filed fed an answer in the name of the alleging that the entry had been ben contested before and that the land office had no right to order another trial The depart department depart ment ruled against the company and andI it IL I writ of or certiorari was then then prayed for and granted and the case cae is sus suspended suspended suspended for the t present pending orders from Washington to reopen it I It is isby isby by b no means mens certain however that the contestants will 1 ever bring bring it to trial trIal The le Utah Uth Fuel company compan may again 4 dir dig d up P If I they succeed in this there will i be a chance chace for some other enter enterprising pricing spirit to get in For that mat matter matter matter ter there are plenty or of like Ike opportunities ties open oven now This ease case Is particularly Interesting because beuse of or the fact that that the tho contestant Albert Albrt J Simons who ho is state sheep inspector makes makes use of ot some soma decidedly decided I Ian j an language Janga e accusing tho the Utah Fuel company compan in the complaint filed fled in the case ce which is as follows In the United Unite States StateR Land Office District Distrct of Utah Salt Lake City Cl Utah Feb 2 11 State Slate of ot Utah Uth County Count of Salt Lake ss as s Albert L Simons being first duly says 8 that in the matter mate of the coal cask cash entry No Xo 18 by Owen L Davies for the southwest 4 of ot section seton 3 northeast U 1 of the northeast 4 of section f 5 and the north of the northwest 1 of o section ston 10 township 21 south range 4 e east st of or Salt Lake meridian he lie has been Informed and believes and therefore al alleges alleges leges that said sad entry was made by said Davies for and in of the Utah Fuel luel company successors successor to the Pleasant Val Viii icy ley le Coal company that said Davies in pursuance of an agreement arcement or under understanding understanding understanding standing had by l and between let the said Davies and the said Utah Fuel company compan sit and for a valuable consideration flied filed fied upon uron said sud tract tact of land in the interest of and at the solicitation of the ant en taUves of ot said Utah ta Fuel company that said fuel company expects eXIel to and will viI unless said entry ent is cancelled canceled receive title tte to said premises through the said Davies Daies Money Said to Have Been Paid This affiant has been further informed and ant believes that a a contest was brought bought by one Stevens against the said entry ent of ot Davies Davie that the same was compromised and settled sette by the said Utah Fuel company company paying to tho the said Stevens a a consideration derail on In money the amount lount being considerable and unknown to this affiant that subsequent to the bringing and settling of said contest an m other contest was filed rUe against said en try t by b one Eugene J Dalr Dair that the same el was a dismissed after ater a contest had been ba called cle and ad part of ot the te testimony taken that the tha testimony taken In iii said taen case sad cae shows conclusively that the said entry by b said Davies was wa not in his own Interest int rest but in the interest and behalf of ot others not capable under the law of ot acquiring a title tte to the coal lands of or the govern ment mont of the United States The he said sad contest Dair vs s Davies was finally dismissed after reaching some agreement or conclusion concu I n between the said Utah Fuel company compa and the said Dalr Dair sad that the said Utah Uth Fuel company compan is now endeavoring to procure a patent thereon ostensibly In the tha interest of ot Davies that the testimony In the tho case cae of ot Dair Dam tat vs va Davies now non no on file fie with wih the commission ers era of the general senea land Jad office will wil shel show that the Utah tah Fuel company compan and not Davies Davie will wIl be the real benefi beneficiary beneficiary ciary thereof that after the trial In the Dair contest had been had the case cae was wan dismissed and the papers transmitted to the general land led office offee that affiant Is In formed and believes and therefore al leges that the entry is fraudulent In its inception and that the of ot the Is Utah Uth Fuel to obtain title tte to said tract of land as shown by the testimony taken In the two contest cases ces heretofore had and herein referred to is for Cor their vies benefit Ies and not in behalf of ot said Da Davies Davies Claims Davies Mere Agent That the said Davies Dales had bad no interest therein other than the receiving of ot a valuable valuable alu able consideration for making the original declaratory statement or filing fUng and the subsequent permission given gien by him to the Utah Uth Fuel company to continually use his name in acquiring title to said eald tte lad land The he testimony on file fie with ith the commis commission commission commission sion In the two eases cases ces referred to shows conclusively that this entry Is a a lent one and this affiant asks ask that he hema may mat ma go Into the case cae fully rul and complete ly that a hearing be granted and ad that he be allowed aU owed to supplement the test testimony mony already ad taken that if It said sad hearing hearn be granted he will wi be b able ale to show that said transaction was wa fraudulent and ad that the intent Is to acquire title tte to said tract of or land and contrary to the laws and regulations of the department ALBERT BERT SIMONS SDI S Subscribed and sworn to before me this 2nd day or of Feb 1904 1501 lO WILLIAM A LEE Notary Public Also appeared before me at the same time thug and place the undersigned une who be ing Ins duly sworn say that they hey have read the foregoing affidavit and know the statements statement made therein to be true FRANK W V BEANE BEANE FREDERICK A SWEET In these contests W V H Bird had represented the tle men as attorney and and associated with him has hac been Mark Marl P company Braffet Bract attorney for the Utah Fuel Fue |