Show LJ JU J OPENING rf ING GUN IN OAL LAND CASES Vast Array of Legal Tar Talent ent Lined Up in Battle Form Before Judge Marshall DONT WANT HEARING IN UTAH counsel for the Big Carboniferous corporations Ask for Trans Transfer fer to other states to 1 10 O III The ro f 1 Where Inco Were Launched gun In III the coal TM lM III tho U 8 land when court IbIS l JUdO Mar Ih haU e on tIle tho part ot 1 tor the specIal WM va the or t au al In t the thc per or tIm de UIt over the It laII that th tenantS ba In th thIt laws lawa tho companies It tj r tho Utah Ulah F E e Ct corn com ore lii NeW eW Jersey fn tit and sp the illegal larul the alleged In III rues ilL hi Now New York 1 esron or it tiro Tbt ture lilt by tire tho argument ot nt wiro of John fl 1 Utah tah tahull retainEd uy by the tie ia head tire tho Full ull 1 anY t hea that hal has een rt f tnt b battle In Iii the fl t 1 r t nn an a af Judge o of Iho O hut ut tn tho f nt In to fl It hard ono aria the r ruder IH 11 the tho wn I ot oC I sorrio eat and irlI 6 seat a al In forty ct rb the t Ot or more UrSINO f I NT bP the IA to oder oriler Dt a IP WM waA 11 an Imposing Ir at atty I ty of legal leah talent up which II in idd t S H t IY 1 Mth mier D I F 1 ut to tim tho lon Ild who also alo aloI I a hlll hand here nt at the Iho recent by ann D 13 I Ibe IO IOu r ent Satin John M Val 11 t u lalar 11 air ott 1111 rind nak tho Iho rub nab Fue aird It V Tet rind and no tire rull companY AttY t of Ih tho 11 or of thin Iho Orgon Short S also cosel closely V watching uI Mtr r Ial or of Ihl the attorneys s 1 ber to 10 nt at tim Iho I riTt bar I It WI wn t that thatA A 11 ao th entered ho 10 hod d u D ISSA I L opened with his c fol tot the Iho II Ie ITO com COlU r ned b giving 1 ft YI lp ls of o the hi bill 11 ih I L II tty By lyof un of Iro he stated that h ho II to attack tho bi bIll frol front tIm tho tl t He then d dI I urge that Ihal lie or of Utah had II a Ieh to 10 elMr either coal oal or a tinnier tire the enabling act Het 1 If le tIU au tl right ht II in hl his contention ho fal falI th I to tim tho root o of Ili all the t hills ls that been tiled r land selections In rund round the lands land selected and whIch Inn contention Involved nw 11 IOle I lo a arres out or of 2 acres ITO INTO A mw l FIELd Then JU gc Waldron welt 01 on to torm Irm rm that Ih tIn caHO al all connected sere II upon I a virgin In anti I tn data 0 ther er had been 10 no judicial cl un unon 11 on that that coal lands hounds t PI from the Iho selection It XI frol it was a the e Pros Inco o Of tIne the Utah urn tin a rt e I MO far It ho rl ns ft I covers UI III it d S was II I controversy Ito Ho Horh IQ I 6 to 10 13 InclusIve of thin rh rah act ot of April 1 1894 1194 and Ir e to 10 hy by argument an Ibb bil II ho R that the Iho lan maths I bi Con controversy IlS no nn anti thy they were p they Ills ed Into Inlo tim lu of people who ultimately sold old r I hi r te the nl tt furl and it I d tini 11 IW ar counsel the 1 was Ihs s authorized l to Ih the I d In question whether ther IhlY I H eal 1 or r not for 1 It was is IY 18 as far ni as coal The Tho wan within Iti wie 11 providing tire the lands selected iii riot not leon set It anart by tire the 10 for some e purpose A R ty V t n th Ihl oct not of 01 CO Congress Utah van Ii ke a w la I fn tea RII and U Utah lah Wi was 4 WIS t slam st In the tho Union nil Alne lands hll hrat been heen granted lie He 11 It wn the Iho purpose ot of to make make this liberal grunt grant of tie Ihl hans H meant that Li lands to the silte state aint f hath the Ih right ht to 10 select every t lazy 11 tine directIon or of the tho secre ta ot thin Iho Interior whether they loro boro IOa or Ih the title Counsel that lil ot of tho lands In iii caine O GnESa INTI Dm strongly that It ai 0 the of tIre court tu to Ie th the Ill lav anti interject into Inlo V I statutes that Wa was not ho only theory that can bo be ad 11 I said ald Is that of a lt PP 1 policy wa an 1 11 ott Or r other mineral nS to 10 suite l he an act h WI ivr ot J Mt act forth In the read ea carefully n as a V bo 1 then welt went 01 on to ali that Missouri InnAS flint cont coll can he be Ms tnt e lS as I If ell tl to fe o oal land it Would h I haye yo sold said so HO r I say jU 11 and tho court ha han 10 no right what Congress meant as counsel with On t I I O M C Of the th words e n an public domain JU Judge ge Wahl ulle Were ivere identical C 0 the th according he ot of the supreme or of States and other ft 10 t tho th called I tin ul of tim tho I n tenet that hall ban lanni tin III tho re rc P Po o o quantity 11 I part parI of the UI un I In Iii The Th court is hi Ir t t u I interpretation of at tho net act and cnn can itu nun Ih t I might have ot nt ionic II 1 1 tine rw to 10 k i what It Wll f rl rOm rom I left fr rr lateral 10 Ko h on I immaterial what the tho t V I department may hBo have ull II IR its I officials In th thu territory tl to do mini It dols does not court US to I tho interior ta may hao meant I It II is for tOl tine tho courts to In hat Conle ma flInt mayo hao own nn I thin Ihn aln aInu Tho dId lot not favor Jr Iho III law It at tire tho nt if 11 Its In the granting ot of coal an and Ild did riot not hands to 10 ns as onni which may bo 10 tiun tho leter better cul by lu Y of the Iho f 1 III tIn California the lill consideration or of tho Iho enablIng let act ut ot tho stalo o of Ulah WI was 11 ann J i to consideration ot of othet of the tho question V VAS AS AH TO STATES moms Tim he interior department has no busl nests coring coming Into court IUt turn tine tho JudicIary what construction Ehul le be placed on the tho act Mr Valdron tine tho state hl had a right to select elect lal lands s M its I It had Ind tire Iho that that tire tho lands mIght aught have hao heel been known as cullun coal hands a in a of at law and fact VIrat surveyors laity halo mayo reported has hns no weight II In a acourt acourt court of justice fh rue lands were saInt to tobe bo be grazing and agricultural trod how Wa It known by tire tho that tho tilt worn wern not anti that the they wor or coal They rhey may hao believed the Iho lands lannis contain valuable coal but belief dool does not In point o of There Thelo were no shafts I no mo no machinery or works of 01 un any charac character ter Iy my their existence ninth ton tion would IU go to 10 show the Iho lands to 10 halo have valuable strata ot of Coil 1 rho ns as of the or of coat coal WM gratuitous AS TO COAt COAl IANUS Tine The applicants for tor the tho lands nule filings and amI II in regular order er In case cape where tire the land had been bee I returned lS as coal lands WIS Ivan there alY any II at Where the surveyor ConI oai It WI was no noted led 01 on tire the face ot of ho lon he state authorities then lell vhs ls 1 as to what 1111 been to the do tim the character of 01 tire lands II in queston question mind 11 the rules ot of tIre tho depart uncut ot of the tho Interior II iii oi Oil re rc with ni all Urn statutory were ful The en el then took look tim tine ex cx ho may make muke ono one wor var varand and then 01 on the tho very next day reverse o Huel ruling The Tho hi bIll ot of tire tho II in this Ia cane e Is nader tIne rul InRI brigs o of jino Jho ot of tins this district to ft a decision ot of the Staten the Iho aelon action or of the Inn land ot of the Iho interior III accepting the covering the or of In this caso and In 1 WM as und arul is IH IUt Hot to t lf be froni II In al any collateral erl 1 or 01 direct mints In III tact fact tine hI riot nol open to In review II in any allY court Mr Ir Wal rol portrayed the or ac acton court of tine or justice In ton bringing thea lull suits IR practically 11 or nH corrUpt mini nr in III ni an Ul underhanded ed way In collusIon a I I state hll iris un until II tire lUch lunch hour ot of 1 1230 30 I p I Inn Ind and reo re Ille tins afternoon ott on ot of court 10 lie II is tine the conclude at this ot of the day expecting to lt o or court ald and then tine ea e or of Iho wil will bl M Ir r Wul Vai niron Is an contest speaker ninth seems 1101 In baud hund Iq his ot of the tho case el |