Show TEST CASE IN SCHOOl l LANDS CONT CONTROVERSY OVE SY DECIDED Government Has Jurisdiction ti tion n According to the Officials of Land Office States Slates The TIme t test teel st ca Co cas of or time tho United of Utah and Joseph H. H a against t tho ho state involved ol a was athis Bojer as ns ncr trl transferee e of ot land this morning decided In favor or of or the tho gov gov- I time the reS reS- In a decision written b by ister Isler arid receiver reCeiVer- o of the tIme local United States Stales land laurl oC office ce The TIme ca case c IB is tho first of or the time the government StatS o nt school section controversies contro In which the the- sin tt has hos sought to prove the thie Interior department 1 has no Jurisdiction Instead of ot appealing lo to tho the commissioner l' l of ot the general land office as the state h has al always ay done tIon be fore for It Is likely that tilt attorney generals general's gen ge's tn- tn crate eral's office will seek to get gel et time the matter matler Into tho the United States Stales courts It Is probable probable able hat list Senator a a. a A. A Iserson assistant I state attorney general will ask tho lie United United United Unit Unit- ed States district Judge for or an art Injunction Injunction tion Lion preventing pre the Interior or department from enforcing the thc decree of or the local I land om office e. e TIme Tho land Involved Is acres acre In Summit Sum Sum- m- m mit count county This was part of or a n school I section given to th time the state under tinder the tho enabling en cn- cn abling act On March 8 3 the III land hand nil I was sold b by the ho state to Doer Boyer who has hall since made a partial p payment although as RS jet ct he Its has rf no conveyance On the ground that time tile land contains coal and t was tR R known to be bo valuable because be- be causo cause of or Its coal coni character prior to statehood state state- hood them tho government go filed tiled a contest In Inthe inthe I the local land office The decision given I thio morning was the result of oC the hearing hear hear- lag ing o of this contest One of tho state contentions was that tho the land had not been sho shown n to contain coal that only on adjoining adjoin adjoin- ing lag land had bad been shown In their decision decision deci dod sion don time the local t federal deral land office officials hold the testimony of expert witnesses that the tIme coal vein passed under tho land Jand wa was sufficient to prove Its character The They dismissed ed the tho question o of Jurisdiction tion with quotations from front th the secretary of tho the Interior and other authorities to the effect that the has Jurisdiction jurisdiction Juril Juris jur-is- diction in all cases casu where land la Is supposed supposed supposed sup sup- posed to b be mineral In character In raising the question of ot the Interior departments department's Jurisdiction and nd planning to secure a a 0 federal court Injunction the at attorney at- at torno torney general and his hla assistants tants hope to lo show th that t the government go land office officials are Interested purlieu partIes to suit either cither In the tho nature o of defendants o or plaintiffs and cannot sit lilt In a Judiciary capacity They They claim that the register and receiver recel o of oC local offices the commissioner comm commis donor of ot the general land office and eec rotary of ot the Interior have no right to decide cases whore where government Ito or state land titles are Involved They believe that all 11 matters should be bo decided by Impartial led federal r l Judges |