Show LOSERS i IN hi C URI Judge Johnson Refuses to Dismiss Case JUdge Tillman D. D Johnson ja in the f eral court o d th the motion of the defense for dismissal of the case of the state of Utah and the Texas Production company against John L. L Shafer and other i government oil in the Moab loab oil region Defendants were given sIxty days in whIch to file answers to the original complaint and It is expected that the case will vilI willbe be set for trial early next fall faIl In its motion to dismiss the defense defense de- de contended that the United States was an indispensable party to the suit and therefore would have to be made a party to the action action ac- ac tion that the title HUe to the bed of the stream did not pass to the state and that even en If It did go to the state in the first place it it reverted reverted re- re to the United States under the common law doctrine of riparian riparian ri- ri ownershIp which It t was claimed had been adopted by the state of Utah In overruling the motion the court held that the beds of navigable ble streams belong to the state Hence the principal issue at tIle the trIal will probably be to determine whether or not the Colorado river riverIs Is a navigable stream at the point In question and above above- that point If it is so found to be the leases of the Texas Production company obtained from the state will apparently apparently be valid and the government vill be found to be without rights to drill for oil on the river bed Judge Johnson took the view that the government is not an indispensable sable able party to the action as there Is nothing In the pleadings to indicate indi- indi I cate that the government even claims that title to the river bed did not pass to the state He also held with reference to the second contention of the defense that the supreme court in the case of the state ot of Utah and by re reason son of the Inherent sovereignty of the enabling enabling en- en abling act has decided that the beds of streams do belong to the state Answering the final contention the court ruled that lie he was unable to find that the supreme court had adopted tIle tHe doctrIne of riparian ownership He stated that although the English common law mal makes es such a a. provision It Is not necessarily binding In this case even though the common law may maybe maybe be embodied In the laws of the state |