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Show LIHISO jjblic Misled by Campaign Cam-paign of Misrepresentation Misrepresen-tation and Slander, Declares De-clares Exhaustive Report Re-port Filed With Governor Gov-ernor Bamberger. PRESENT BODY FAVORED AUDIT Retiring Officials Assert That Operations of Department De-partment Are Little Understood by People and That Legislatures Frame Its Laws. illf the public Trill bo misled by a yipaign of misrepresentation and tder, is it to be wondered that many of honor and ability hesitate to r tho public service under any cir-ftstaiiees?" cir-ftstaiiees?" v'his question forms the concluding sentence of the supplementary report f the state board of land commission-i.i'vMch commission-i.i'vMch is to retire Tuesday, April 3, filed late yesterday afternoon with Governor Gov-ernor Simon Bamberger and also with llurden Bennion, secretary of state. The report; signed by all members of the board, W. D. Candlaml, president; William Wil-liam J. Lynch, secretary; T. H. Merrill, A. (J. Oiauque and J. F. L'hidester, states in part: We assert that mo have discharged dis-charged our duty vrith fidelity, actuated ac-tuated solely by desire to administer adminis-ter the department in accordance with law and in the best interest of the state. We do not doubt that other men will disagree with our judgment in certain cases, but we emphatically resent any and eTery imputation of unfaithfuluess, whether expressed in public statements state-ments or whispered slander. The land board's duties require judgment judg-ment and action on matters pertaining per-taining to investments, security, legality, geology, metallurgy, limbering, lim-bering, engineering, contracting, irrigation, water lights, accounting, account-ing, colonization, law aud other brunches of human endeavor. Tu return for honest effort to fulfill ful-fill these duties the hoard is the recipient of scant praise, more un-I un-I thinking hostile criiicism from the uninformed aud less paid than any other department in the state. Accomplishments of Board. When you consider tho change in condition's in the past twenty years, M4ie development of tho. country, change in government theory 4 as to what is coal land, the rulo adopted by the laud board in 1905, when Mr. ('midland became connected con-nected therewith, raising the minimum mini-mum price of stato lands from $1.50 to $2.50 per acre, and the order of the board refusing to sell offered lands at private sale, except on reexamination re-examination and reclassification, frequently raising the price $5 to $10 an acre, the defense of the state's titlo to mineral school lauds by the board in federal land office and in federal courts, the careful investment, of the trust funds so that not one dollar has been lost and all securities are intact; that the board has for years asked for an audit of tho department; that, in order to secure a uniform administration, ad-ministration, it has published rules and given them a wide circulation, and many other features which might be mentioned, is it not astonishing as-tonishing that men, whether from lack of information or from misinformation, misin-formation, partisan purposes or corrupt cor-rupt motives, should assail the present pres-ent laud board, aud not be fair enough to state the facts or to distinguish dis-tinguish between the membership of former boards and the present membership? Audit Long Solicited. Referring to the recent, agitation about an audit of tho laud hoard records and accounts, your attention atten-tion is called to the fact that this board has for years requested such examination, but the state auditor was without the necessarv funds to do tho work. In 1010 the land board, in order to satisfv itself on ji'ain matters connected with the Accounts, emploved a former state UND BHD MUXES REPLY TO CRITICS (Continued from Pago One.) auditor to elie.-k up a certain fund. In 1 !)!.) tin- Irinlarunj appropriated $L'i;ui to tin- :-tnto au'llLnr to con-duet con-duet audit, work in the state land office, and during I'Jld the auditor expended that amount: and more in cheeking; up oiks account, investments, invest-ments, which was found intact. Kelly Audit Cited. The report of former State Auditor Audi-tor Kelly is in your oI't'Lee containing con-taining a complete !Ut or land board investments. On January 5, 10 7, I liis hoard in its report to you ui'ed that the legislature appropriate ap-propriate at least $7'M to complete an audit of all aceou ni s of tho hoard. The board desires a complete com-plete audit, not only of tho transactions trans-actions whilo they were in office, but cxteniling back to statehood. We believe that every public office- should be regularly audited, as min h for the protection of tho officer as for tho benefit of the public, pub-lic, a nd so ! hat if t here is ton nd any irregularity the blame may be definitely placed on the person responsible. re-sponsible. We, therefore, urge that, the audit be made and suggest that, if necessary, nec-essary, an outside firm of accountants account-ants having nation-wide reputation be employed, so as to set at rest once and for all charge, rumor and innuendo. Attack Called Unjust. . At the opetdng of tho supplementary report Die board members say: Considerable has been said of late relative to state hinds and the slate laud board,, nnd certain charges have , lieen made, not only by private citi- i zens, but also by public ofMHals, con- j eerning ihe handling of state lands. j In view of tho fact that the opera- , t ions of the land laws are hut lit tie i understood hv I he people generally, and the public and officials, if they understood tho facts, would not countenance coun-tenance unjust attacks on public servants, ser-vants, tho hoard by this supplemental report, for tho information of yourself and the public, is taking this means ! of setting forth a clear exposition of the land grants to the state under the enabling act, and tho provisions? of the constitution of tho state statutes enne-d pursuant thereto. Space forbids for-bids a complete statement, but the following Is submitted in order to inform in-form the public and its officials on some of the matters referred to. Scores Partisan Audit. I-et H be understood that the land boa ixl at tfiis time, as in the past, courts a most careful examination of the records and acts of the land board and employees of the office, and de- 1 sires that the examination cover not j only the period during which the present members have served, but also back to the creation of the department. de-partment. We believe that such ex- i amlnatlon should be made under the regular constitutional authority, J with sufficient funds to emplov the 1 necessary experts, and that It should I be made for the purpose of good ad- ' mlnlstrat-ion and the benefit of the state, and not by partisans for partisan par-tisan purposes. The land board Is charged by law with the duty of "controlling the public lands of the state, of leasing and selling sell-ing under certain provisions of the fetatute. as they deem to be in the best Interests of the state. The public should bear in mind the distinction between state lands and government fends, and remember that public lands of the United States are disposed of under federal statutes for homesteads, desert entries, coal entries, en-tries, etc. Also that the vstato disposes dis-poses of its public lands bv leasing or selling only. Upon admission of Utah to the union on January 4. 1S96. the grants of lands made bv the government for the benefit of schools and certain state Institutions became oporatlve. Sta,te Lands Classified. State lands may be divided into two classes: First, school sections granted for the benefit of the common schools, the '.itle to which attached in the state at statehood: in the case of school sections then surveyed, and which had not been disposed of prim-thereto prim-thereto by the United States. The other school sections pass to the state as the government surveys aro made and approved, unless " such school sections have been otherwise disposed of by the government Second, selected lands, the title to which vests in the state after the state has filed a selection list for surveyed non-mineral, unappropriated government lands. Tho giant to the state provided that an aggregate of about 1.500,00' acres should be selected se-lected by the state and the proceeds therefrom should be used for the support sup-port of certain public institutions, such as the Agricultural college, university uni-versity and others. The constitution of the state accepted, such grants and provided that the legislature should prescribe the conditions on which the lands should be sold. The Utah constitution set no minimum mini-mum price for state lands such as exists in the constitution of some of the other states, but left the matter to the judgment of the legislature. The legislature was, therefore, confronted con-fronted with the duty of determining determin-ing on a policy with respect to state lands, and could within Its powers have fixed an absolute price for state lands whether high or low. and could have fixed conditions rigid or lax, as there was no constitutional provision pro-vision controlling its judgment. Minimum Price Fixed. We do not know what the fomn-crats fomn-crats and Republicans who framed our state land laws in isn to 39ni would now say if they were to do the work over again, but the fact is that they fixed the minimum when they were face to face with the prob- !m, and w must ass Mine that they :.--.! U'dr honest judimmt. Tht-y knew th v;ilue then prevailing and At s.-nnment of t he peowe on that 'jur-stirjn. The railroad companies were at that timo selling their la mis at various pM't-:-:. mul mih'h of it wag purchased bv people at from 2.t rents to $1.50 an a-r. Ma n y men then believed that the Stat should sell Its !arvj at the government gov-ernment j rb-e of ?t.l." per are, and that toe stat would be built up and )ni-rnved and rerpive Us revenue from iHMiLion on the hmd?. The theory of the federal government, govern-ment, hs expressed by the. supreme court of the t"nl ted States, is that the govern n icnt holds Us public binds nt as a proprietor in perpetuity, perpet-uity, but as a trustee, to be disposed of to HtizejiH under general laws for the very purpose of building up the poniMHJNWP.iltiis in which the lands are situated. Legislature Re-enacts Laws. The legislature, particularly In lMUt entirely re-enacted the state land laws, and they did not change the poliey with reference to state lands. It enacted laws providing that certain lands, where preference right existed by rcjison of o-vupa nev, might he sold at piivate sale; that other lands should be appraised and offered at puMIc auction and sold at not less than the appraised value: that where lands have been offered at public auction, auc-tion, and not sold, such lands should thereafter be open to purchase at private pri-vate sale: that as to the lands to be selected the land board might receive apjltcations from citizens for the selection se-lection of specific tracts desired by such citizens, and under an agreement agree-ment upon the part of the citizen to purchase, and upon the part of the state to sell at an agreed price, but at not less than $1 an acre. It is well to remember in this connection con-nection that the public lands committee commit-tee of (lie first state senate Ineluded such noted iemocrats as K. H. Snow, It. C. Chambers and Abe) John Kvans; that the second legislature was overwhelmingly over-whelmingly democratic, and that the state land taws enacted at that time have with little variation remained in effect to this day. Prominent Democrats Named. The legislature of IS90 included such prominent Democrats as Aquila Nebeker, Fred J. Kiesel. R. C. Chambers, Cham-bers, i 1 1. Pcery, Jr.. David O. Ridcout, Jr.. O. F. "Whitney, A. O. Smnot, A. J. Kvans, R. Jl. Tanner, Harden Reunion, Tillman D. Johnson, Samuel YY. Stewart. James YV Clyde, L. II. Redd and others. The senate public lands, committee of R'Ol included Harden Reunion, George C. Whltirmre and O. F. Whitney. Whit-ney. The legislature of IfOf. included Si-mim Si-mim Bamberger, Harden Bennfon other names could be mentioned. It docs not appear that these gentlemen made, anv strenuous efforls to change the state land laws, and it appears from the records that most of them took advantage of their rights as citizens to purchase state lands. The land board in 1S97 included the following Democrats: Isaac C. Mac-faiiane." Mac-faiiane." Fisher S. Harris and Byron Croo, the last named being secretary. The same Democrats were on the board in 1. and 19IM. The Democrats on the board in 1302. lnn and 1904 were Byron Groo and James Melville. In 1905, 19, 1907 and 190S. Henry N. Hayes was on the board, and Arnold G. Giauque served from 1909 to 1916. Two Sides to Question. It has been loosely charged, without with-out distinguishing as to time or membership, that the land board frittered frit-tered away public lands of the state without receiving adequate return. It Is admitted that there are two sides to that question. The early land boards were confronted with the fact that they had a grant of a large amount of land to which 1he title had a 1 reads' vested in the state, or was to be selected, and that the beneficiary bene-ficiary institutions could not realize any income from these grants until the lands were disposed of. The school sections were appraised at various va-rious values, according to the best judgment of the board and of many private citizens in different parts of the state who assisted in appraisals. Many iands were put up at auction, and a large amount remained unsold, and does to this day. Legislature Fixed Price. The legislature authorized the land board to select and sell lands on which homesteaders had made filings, and the legislature fixed the price at $1.25 an acre. How, then. - can the land board members, Democrats or Republicans, Re-publicans, be censured for that price? The legislature authorized the selections se-lections of other lands for citizens at not less than $1 an acre, and the board on selections prior to 1905 raised the minimum fixed by the legislature leg-islature to SI. 50 per acre. It appears to be a fact that the land board had its doubts as to whether 1,500,000 acres would be applied for at $1.50 per acre. You cannot safely question . the motives and judgment of men ' twenty years ago in the light of present-day knowledge and change in conditions. Every citizen knows that land, whether city property, farm property or range land, is more valuable now than twenty years ago. But even if that were not true, is it not manifestly mani-festly wickedly unfair to charge the present land board with the error in judgment. If there was an error, of its predecessors in office? Stricter Rules Made. The records show that in 1905. when "YV. D. Can d land became a member of the board, offered lands were being sold under the old low appraised ap-praised value, without re-examination or revaluation, and that in that year the land board decided to sell no state lands at less than $2.50 per acre, and that all p-ppiications to pur-cl pur-cl i a se o ft'ered lands must o ff e r at lease $2.50 an acre, and that the board reserved the right to revalue and ask a higher price where the character of the land justified such action. The hu board has ever since held rigidly to tliis rule, and the highest price at whieh land has been sold on the recommendation of Mr. 'and land is $71 an acre and the highest price he has recommended is $101) an acre. All members of the board have in their revaluation frequently raised the. price of lands referred to them. In 19 co, upon the adoption of the new rule, a great furore arose throughout tho state, and many prominent citizens denounced the state land board in unmeasured terms, and a convention of citizens from ill over the state was held in Salt Lake which passed resolutions denouncing such action. Xot withstanding such resolutions resolu-tions and pressure from -various sources, tho then land board stood by its order, believing that as conditions change and values increase the bone-' bone-' fiWary Institutions should receive the j unearned Increment the same as any other property owners. Caiulland Raises Prices. By wav of comparison It should interest in-terest the public to know that since lMu, during which time Mr. Cand-land Cand-land has been a member of the board, tne appraisals of state iands are more than luO per cent higher than from 19tj to I fiM; that the sale price of lands at public auction since 19u5 is more than 1 ' 0 per cent lusher than i he price obtained theretofore : that the price obtained at private sale is practically 100 per cent higher than was obtained prior to 1905; that the r-mtais since 19''5 are '10 per cent higher than prior to that year. It was Inevitable vrat in disap-puintlnc disap-puintlnc citizens who desired to obtain lands at a price they thought was a fair figure the land board would of-f. of-f. nd a larire ninnb:-r o;' the Investing public, and if we are to judge by the h. inpest create I by the scp'-appointed aposties of slander and vituperation, t!i.- ia ud board also succeeded in of- nilnir those who did not have the n'-ive to invest in anv of the lands l'V.'m at the older p'-b-y. I'ur the lenetiL oiV those who think the lands were sold too dlieapty, reference is made to the remarks of Joseph L. Rawlins, a veteran war horse of Democracy, on tle floor of the house of representatives of the United States, when he said, "These unappropriated lands would not today sell for 10 cents per acre." Coal Land Policy. The report then goes into the matter of coal lands and ayks the public to take into consideration the sources of statements state-ments on this question, stating that most of the charges should fall of their own weight because of the character and motives mo-tives of those who have made the charges. Some of the applicants for loans who have been rejected are said to have joined in the hue and cry, the report says. Taking up the rumors that the board improperly disposed of vast areas of coal land to tllie coal companies at prices from ?l.li, to $-.50 per acre, with most at the lower figure ; that those companies had gradually absorbed under the guise of agricultural or grazing lands virtually all the coal lands granted to the state, the board makes a specific denial. It asks: "If the charge be true or false, and if true, who is responsible? 'Die coal mines at Castle Gate are not located on lands purchased from the state." Federal Policy Changes. Governmental change in policy a t Washington is cited in t;': is connection. It is stated that ever since the change in the government theory I he land board luis refused to yell state lands beheved to contain coal, except with an express reservation of all coal to the slate. Statements that the stat e had a large compact body known as coal lands which the board" had improperly sold to coal companies aie next, taken up and specifically specifi-cally denied. The report says: The many prominent democrats who :have been members of the legislature legis-lature a nd of the public lands committee com-mittee helped to form and pass the statutes under which the land board sold the state lands. It is patent that tho foresight of the said Democrats Demo-crats was no better than that of their Republican colleagues. The state board of land commissioners will turn over its offices and books to the new board on Tuesday. A pril '.). Thin arrangement -was reached yesterday yes-terday at a conference be twecn Arnold G. Giauque, Democratic mem her of the boa rd, and Governor Bamberger. The board in regular session delegated Mr. Giauque to wait on the governor to ascertain his wishes in tihe matter. Mr. Giauque told the governor that for reasons rea-sons of business convenience it had previously pre-viously been the custom for ihe outgoing board of land commissioners to complete the work of the first quarter of t lie year before leavhig office and turning ovor the bonks a nd records. Governor Uamberger told Mr. Giauque that. I M- bad no les ire to overturn any such ciLom, especially since he could see where it made for a hnsine.-liki- termination ter-mination of the a fa irs nf the nresc nt iwtird. The governor teld Mi". Giauque tiha I the be;i rd nml I nun over lis alia al-ia irs the fir.-1 Tiie.d-.y in Aje l!. u lilrh comes on the third if liiat month. Mr. Giauque rci ort-.d his conversation tu the boui d. dent pro tempore, although he vi s elected to that office last session and ordinarily would have held over. It also re-elected other senate officers who usually hold over. Both of th caucuses did the usual pre-scssiou business, and discussion on the "Democratic Jd.de developed vigorous speeches, in which there were decided declarations about tho prominence the west played in the Democratic success last fall "and the recognition it should receive by the senate majority. Senator Martin of Virginia was chosen unanimously as majority floor leader, but the trouble started when the caucus took up the election of a president pro tempore. Senator Sauls-bury Sauls-bury declined to serve again unless reelected. re-elected. Friends of Senator WMsh presented pre-sented him as a candidate, but the Montana senator finally withdrew after a plain talk about the recognition of the west and an answer from Senator Robinson of Arkansas about the south. Senator James of Kentucky smoothed things over before adjournment with a conciliatory talk. Discuss Cloture. The Republicans spent most of" their time discussing cloture and it became apparent that while most of the thirty-five thirty-five present were vigorously opposed to a rule which would tie the hands of the minoritv completely, they might be willing will-ing to agree to a milder form of restricting restrict-ing debate. . ,. Senator Borah, one nf the Republican conferees, pointed out that the rule under un-der consideration was not a cloture rule in the usual ' sense at all, and that it probablv would be seldom invoked, and then onlv to prevent defeat of legislation legisla-tion by a very few men. This fu-t is expected to induce southern Democrats, who have always feared a force bill. If cloture were possible with Republicans in control, not to oppose the change. Some of the Republicans said tonight the president could get the armed neutrality neu-trality bill through the senate in three davs "without amending the rules if he would call a special session. They pointed out that under the present practice by which a senator cannot rely on quorum calls to &-ive him an opportunity to rest it is almost impossible for one or two men to speak tor more than a day at most. The resolution, added to an existing rule, reads as follows: Provided, however, that If sixteen senators present to the senate at any ti me a si g tied motion to bring" to a ulose the debate upon any pending measure, the presiding officer shall at once stale the motion to the senate sen-ate and at the close of the morning hour on the following" calendar day kiv the motion before the senate and direct that the secretary call the roll, and, upon t lie ascertainment ihar a quorum Is present, the chair shall, without debate, ,ubniit to the senate by an aye and nay vote the question: ques-tion: "Is it the sense of t lie senate that the debute shall be brought to a close?" And if that question shall be decided de-cided in the a iTirma tive by a two-thirds two-thirds vote of those voting, then said mean i ire shall lie in order to the exclusion ex-clusion of all other business, except a motion to recess or adjourn. Th'rea ft r r no senator- shall be entitled en-titled to speak moi e tha n one hour on the bil!. the a mend nicnt t hereto and motions affecting 'he same, and it shall be thu duty of the chair to keep the time of ea-'h senator who speak a. No dilatory motions shall be in order, and all points of order and appeals from (he decision of the chair shall be decided without debate. |