Show tho the tha courts and the land office bavo held that minetah lands within indian reservations are arc not open to exploration or purchase that a mineral location made upon lauds laudi within the limits him la of tin an indian is 19 void at its inception arid abd although the proceedings ings for patent aro are regular to all rosl M acts the entry must be canceled furthermore that patties pui ties engaged in minin mining upon a in ili violation of the law in decisions deci siona the action of tho governor and Secre secretary tury ot of bante in employ ing another state stata offic official itil to enter upon and locuito those land in violation of the law might be mildly characterized as bad form 11 but this is a matter of less a interest tind find importance than the fact that the fie locati locations wore were made upon the a IN ico fee ot of united states senator arthur brown bronin acting in his capacity as tin an attorney and the views entertained to f by thu the b S concerning cone 0 anin g the status of the reservation are of deep it to the people of utah and to those members of Con congress gross m ho passed tin in act providing pio viding that these lands should bo be thrown open re ho holds that the rosei la is not a n and never has boon after tho uprising in colorado which followed the meeker massacre the government lovein ment intended to locate thoo these apoll a now new reservation near oriand gi and junction but they pre foi red to settle on oil the lands in utah now HOW occupied by them MOM arthur accordingly b by y executive order e the pr present sent re reservation find and the lands wore were with withdrawn draN n from settlement find and set act epalt for tion use it is ib contended by senator brown that hint the president exe exceeded ceded hin bis nuth only the power to withdraw public lands landa and establish I 1 ions boing being vested solely in ili co congress Con gies giess find therefore there foie those these uncompahgre landa are aro still part of tho the public doninic and open to borne bonie attorneys who have bon consulted admit that thoro there may possibly exist somo ground that may serve as a slight basis for a tobt test in ili the cout ts but whatever may have bl bien en tho the authority of the president it is pointed out that congress condet s in providing providen pro a manner iu which t lio ho should be open od ed as well as aa by numerous nume ious legislative acts enor to that hanf confirmed tho the action of the pi ob ident and recognized the cho stathi of the rese reservation mation good law express the flie pinion that the arst made after tho the reservation hns has been regularly opened in the manner provided ly by law will hold tho cho ground regardless ng rg ardless ot of any locations made prior to that ditto date these thesa same bame asphaltum claims were located eight vears ngu ago by sam barn gilson the dincov aroi of gilso and niad his locations aro are on but thoy they tire lire not regarded us IS of tiny auy great value it is northy of note that senator brown anas pot ilot thelo enters althou although Ai it wag upon im his ail advice j ice that clint the locations were made had ho he become it a locator lie ho v have lieen hoon from acting as counsel in filly litigation ILI involving olvin the validity of the loui locution tiow it I 1 is also alio of ince that ja julge igo W V 11 II dickson ono of the ablest minin mining no avs a in the state N v us recorded led 1 ns I a locator without N his knowledge of 01 con coil sent ile he disclaims dih dibe claims lainis tiny nuy nit crest in ili the locations antl and chilo lie he lind had not ail the nag inclined to the belief that chat such heiti invalid if thoo tho o lands are open to eltiy the me genoval 0 ought to leonn it but it ill requite e a moio moie m biance than the contention naboo mentioned to inaugurate guante it a of it would be ba to know what indian agent Ilan Itan dlott was doag T N li ile the pro being he bo anas or was waa simply NN winking inking the ither eye ile he ins s beffi iv added ns as a terror to tre jat t I 1 s and law brvant I 1 s and it is depoi toil that lie ho was wag informed of NN but lift I 1 b bun ii done lie he or doged out the colored c to destroy tho location it if it should hould bivoino up cossar to enter up on the reborn re aaion to I 1 assess ilione iolj it 14 that senator benator blown bibin will apply for in injunction restraining res tho the indiala agent fl aiom in toiL rence 0 inter mountain Mount nin mining minim ren clemow |