Show CONTEST FOR ISOLATED LAND HAS ROMANTIC FEATURES Talk about romance In a prosaic decision nine pages long reaching the local United States land office from the general land office at Washington are involved ed or otherwise connected up some of the tho following interests says the Salt Lake Tribune A A cattle king of the eastern Utah desert holding about acres of range lands In his own right Three ranch hands otherwise cowboys each pitted against the theother other The water rights of a thriving city A multimillionaire fuel company subsidiary of a transcontinental railroad railroad railroad rail rail- road system An A uA W. W O. O L. L from the United States navy who subsequently made good in the army during the world war The state school system Litigation Interminable All of these varying interests ia is a legal battle extending with more or less intensity over a score of years ears which Includes proceedings in the justice court of Emery county and ind which already has been three times time to Washington and promises to go 0 again And the whole affair Involving a small tract of land in a spot so in inaccessible inaccessible inaccessible in- in accessible that a wagon cannot get in many miles from a railroad and andset andset andset set down in a deep canyon where whore the elevation Is less than feet while the surrounding country rises to over feet teet The Thai assistant nt does oes not give any intimation of a love story in his nine pages s of typewritten ten decision but it surely would not be difficult for the historian to introduce one And how is this for an ending The cattle king has been heen in possession possession posses posses- sion slon of or the land for twenty years has planted it to alfalfa cutting the crop year by year with a mower brought in on horseback But But so so far at least the least the former jack tar and later doughboy all the time considerable of a wanderer wins Plot Well Grounded The land Is known on the government government government govern govern- ment files as the west half of the west half halt of section 10 township 17 south range 1 16 G east Salt Lake base and meridian Those who know it better if It less accurately say say it is acres In the bottom lauds lands of Range cre creek k in the northeast h in III n corner of Emery county near where the creek joins the Green river flowing by toward the Gulf of California Woodside the nearest railroad stati station n is possibly about twelve or oi or fifteen miles away It if if one has a good powered high-powered aeroplane But in spite of its inaccessibility or perhaps because of it in part It Itis Itis itis is an admirable location admirable location for a n cattle ranch Here Range creek furnishes more water than can be used on the tIU bottom lands The low altitude means easy wintering for tor the cattle which can be fed from the alfalfa grown grown on the home ranch if need be and in spring the cattle work their way gradually up the mountainsides mountainsides moun moun- following the treating re snows and moisture Cattle Graze Idly Twelve miles or more up the cany can canyon y yon n is a a. Here the Utah Fuel company under the necessity of supplying culinary and other water for Its ita SunnysIde property takes water from Range creek and pumps pumps' it over a high mountain to the mining camp Water more accessible accessible accessible ac ac- to Sunnyside there was but buta a prior owner is said to ha hays hava 19 refused refused refused re re- re- re fused to sell Preston Nutter the cattle king of ot the romance proved more amenable but rumor in tho those e days had it that he was paid for for fora a portion of f the water rights ho no had acquired on Range creek Whatever the price the water has been for tor many years pumped over tho the mountain Some of or the water is being used for tor Irrigation now that Sunnyside has access to other Cither water ater rights Mr Nutter according to the decision du- du of the commissioner of ot the llio general eneal land and o office ce which h up upholds oldS the decision oi of the me register ana and ro- ro re receiver celver in Salt Lake purchased possessory possessory pos POi rights to and the improvements Improvements improvements Improve improve- ments on the land in question in 1902 from Tilton Kesler by quitclaim quitclaim quitclaim quit quit- claim deed He has since cultivated ed It it to alfalfa and kept it partly enclosed by fence While at that time he could have havo used a homestead right Mr r. r Nutter never resided on the land At the time of the tile hearing hearing- he owned out sl o t acres and had used his rights on a desert land entry Issues Quit-Claim Quit In 1905 Mr Nutter gave a quitclaim quitclaim quit quIt- claim to his right to enter on this thle land to the Utah Fuel company and anda a quitclaim to his interest in the theland theland theland land to H. H G. G Williams an officer of the tho fuel fual company Tills This It was explained was to protect the company's company's company's com com- pany's right to use Mange Hange creek water and Nutter at that time took and has since held a lease on the theland theland theland land itself Through this he at- at at the hearing to establish some somo claim to the land In 1912 ho lie asked that the land be bo reserved for tor preference rights to state selection and this would have assured the title to Nutt Nutter r the decisIon decision decision de de- Indicates through the the- state Mate Continued to Page Pare Four CO CONTEST FOR ISOLATED lAND LUND Continued from Page Pago One but for tor one omission There Is no proof that the notice of or such selection selection tion Lion was ever published Pub PU catlon ca- ca was required under the law and therefore therefore-It It has been consistently consistent consIstent- ly held that the states state's right to heland she he land ceases cease The rho state school land I Irant grant rant funds lose It Is said something some seine i thing like 1110 65 an acre which Mutter r would be willing to to- pay the tine state could the Ue state establish tho the right to sell him the property Nutter also according to the tho decision de de- decision attempted to locate the land with Valentine scrip but this failed fatted it lt that time because the tho land was hen within a coal land withdrawal There Is coal on Range creek creck enwell is If well veil as as s on the Sunnyside side sido of the but until other development development development develop develop- ment Is provided It is is declared that l he only method of getting It to the railroad Is by airplane Homesteader Enters The land was surveyed In 1917 i and md Nutter at that time paid for Cor u a referred right to file his purchase rom rom roin the and md caused the he tale to file an indemnity selection In the meantime J. J J D D. D Niles began begau begano o work for tor Mr Nutter on on this and ther land in iu 1911 and did so at Intervals Intervals In hI until 1915 In June of oC that ear lear after telling tolling Mr Ir r Nutter that le rue e would homestead the tile land lie he served nerved formal Cormal notice that he had made settlement on it He built a n small shack but Nutter began action fiCtion ac rc- tion under tinder state law in a n ju justic of ot the peace court and had Niles ord ordered ordered ered Bred ejected Niles did not net appeal but went to Denver and enlisted inthe in inthe inthe the navy The following year he lie way wae dishonorably discharged because o ul being ab absent ent without leave met fend he I worked In Idaho for tor a time In 1917 when ho he learned that the tho plat of or the survey was to be filed he ho returned re returned turned to Salt Lake and entered homestead application the day the plat was filed February 23 1917 He claimed he had settled the lane In 1911 and had his residence there then since 1915 About a month later he went baco bac lo to o the land built a rock an ant resided on and improved tile the tract t is iJ found Others File FUa on It The proposed filing of the plat of the survey was known elsewhere leJo le J. J J T T. T Crick had worked for Nutter February y 3 he be filed flied on the land al- al eging settlement since January 26 of that year year Two days later George Georgef f Long filed entry alleging settlement set set- settlement t- t January 23 1917 These two applications were suspended suspended sus sus- us pending the filing of the lat th the same month When It w was s lied the land hind in iii question was cov- cov red jred in whole or in part by fJ fair foar lr p p p- those of Niles Long and anil Crick for homestead ad entry and ha Jf if the state of of Utah for indemnity election eJection The Thc register and receiver decided hat the Niles application should be that of record March 5 1917 The state gave notice of or appeal June 7 and later intervened h d mi in iii If ii heal hearing ng ngo o o determine the rights of or all the parties of interest June 26 Nuter Nuter Nut Nut- er ar filed an affidavit that Niles was not a bona fide settler and claimed his right through the state and aid bj by continuous occupation tion for seven seven- een years years ears Three days later Niles appealed from the tho order SetU setting lg the tearing learing and the battle was on Interests Interlocked Cricks Crick's entry covered one forty- forty acre tract which was not covered b by he Niles application That of Long and Niles were identical ion and of these the state y list covered two of oC the four for for- ties When the entry was allowed to Niles Crick assisted tine latter on his entry though he posted notice for his own claims and also bt built builta a shack of willows and mud much on the forty not contested with Ni Niles es He lie I also cleared a two-acre two tract and planted a garden Long was an employee of Nutter also Nutter testified that he lie ac ac- c. c In Longs Long's homestead entry only because If It his own right did not stand stan I he preferred Long to Niles iles or Crick In February of 1918 the commissioner commis commis- Ioner of the general land office on Niles's appeal from the order setting he hearing held the rejection of or he states state's claim a as r final but r re remanded remanded re- re the case for a hearing on the respective rights of the three Nutter and the state appealed from the commissioner commissioner commis commis- ioner and the secretary of or the in- in in the following Au red ared that the hearing ill de Include all the Jar parties ties Decision ors Fa Niles The case lay more or less dormant until February 1920 three years after atter the filing flUng of the lat dat of survey At that time Long wIthdrew from froni the race Hearing began the following mouth month and In October 1920 the local office d in Niles Nile's favor where the entries conflicted on The state Crick and Nut- Nut sr ar r all appealed appealed- and the decision Saturday upheld the local offices office's decision Thirty days is allowed in which to file notice of f appeal from the commissioner to the secretary of or the interior a arid and d it Is possible th that t the case could be taken to the supreme court on the thc question of the invalidation dation of ot the states state's claim by failure failure fail fail- ure to prove publication in 1912 In the case the commissioner commissioner com com- missioner says in part Decision Given There is no ground for holding that Nutter's possession and use of the he land prevented another pers person n rom rem making settlement thereon As stated by the department on July Juh 20 1920 in its the related case cas of or the tate Mate of or Utah against John Daroll entries on section 15 16 in the he same township and range The doctrine announced In the ase ease of Atherton against Fowler acid nd the long line lino of similar ons ens can cnn not be invoked by one was vas w s aware that his grantor did not 1101 nave have title to the land and who later convoyed conveyed it to another although re re- l in possession under a l lease from his grantee The rights of or Niles may be be somewhat some what hat doubtful He admitted some some- that the allegation of or settlement In 1911 was vas was made because he and his attorney attorney ney thought the withdrawal for the st state te In 1912 was valid aUd and he has practically admitted that he could make mako no v valid Ud claim for settlement prIor to the the latter part art or of f 1915 IK T But Ut May Way 1915 when he Jn In was leaving ordered In August l lecis on of the justice off by a of the he di did not abandon his peace settlement and and It can not be said that he waived ed 2 any rights by failing to appeal Js t s between Niles ot and Ice c is Crick this of- of satisfied that the tho the he t rights of or former are superior For tile the reasons stated your our de- de islon IS' IS i S affirmed med sUbject to the I de-I right of o further appeal I |