| Show its alk ort 1 FUEL CASE A I 1 HEARD HE A oft RD ry ments on demurrer before jud judge gre marshall at salt lake city 1 ak 1 kford the united states coult tat it halt salt lake cit city y last frida friday na JV waldron aldron of denver arguing for or the utah fuel comp iny ea bojt Valley coal company m in tile c casos ases by tho the united lies S government for the annulment of certain land arid patents ul al to have been f fraudulently obtained declared that the enabling ranted utah all tho the lands min the state and that ohp tlc tate the right to bleet ele 1 et any and all the lands within the tile state under lie e domain he further declared that the state could select aral ml landfa regardless of the government uw lair and that the grant gran t 1 ired ra utah more than any oilier other state in the union further in 06 argument demurring to the bill hied by the go orni eminent nent ho lie red that the department of the tile interior as the last resort IL in land cases eases wui was final and no other cobit in the id could review it unless it s proven that the 0 government luers era ere cori apt in the tile history of 0 to k the favora favors granted the state of dby by the enabling act was gone before a court the point was d before united states judge hearing bearing of the de le frers to tile suits started by the tile against tho tile utah ruel S pan the tho morton ti coin corr pany ct enow w york tho the pleasant valley coin pany find and others for tile reefy ry of coal aads lands alleged to have hue a fraudulently b tho the tip ile huts ants bal 1 l waldron Wald roo counsel for the adante decla declared that tho the go bovein oi n it abad bad no right to the ami and that there was no to aaa he further ass assert ermil td thai trust company could not bo made the tile point raised in the tile I 1 umen tua that by tho enabling con congreve grete did not withdraw inin lands from by tho the state cb ith addone ith eth other states in utah was specially pec lally favored the bago of ahe ctet he de bared bui u n reind plain and ba he argued that r virt must adhere to tho the act ct und and construe truo it tn in coune tion with eran tent policy 1 bulge Wal Wid drons birst declaration hat that the state election selection of the land Ived wo the utah lung bling act of aarif ap 10 1834 and it ws that tho tile action started against should as re e is 1 no tic in the casty dellner ned in lit bills flita by the goern government ment he ile that the at morton trust win V 1 could not bo be considered it de hat iut lau g into till 4 of these eald tho the utah 9 act was liberal and nd t olace dt not set act for somo sonie diflo purposes by the government ranted sg to ih III detate no illative id Is in ili tho act anil judge ildron Us that no court could 04 9 rijn the olt alt any ine meaning anIng not a bi congress he lie eu endeavored to press thia this point by nomer lust rations and his tha the tile utah on en I 1 9 bitet their granted nil all lauds lands to to except known landi 1 1 l others set for situe 81 1 cillo W th the mate of these st ahelf as legal lie sold said the quantity of ranted atrill 1 b tile bri abling was larget than the amount 1 l most ad ag an nit Il lustra 13 be he I 1 re rr out thi point that the alic tc grant bf land known its achoo di 3 w a hi lit most states but two 14 t every township utah ire re fd 4 sections to avdy town ii in addition to this land lurid ama nna granted grant cl for other 08 ia ft waldron l that atall 4 ill ti right to state selection lon 1 I f lynll nil lurid lunds elnera I 1 ceped rt Pd in t that cent coot bandi in da vers in I 1 a thia enormous tract grunt grant i thIrL should bo be DO no doubt he net act la its pa plain lain and till illk dintler stood hn lie repeated Cou Coli grens greiss showed 1 anly just what the tile act net meant in ili tle dellwing dell ning tho tile landa which were to be included and excepted except eol miner il hinds were set aside school land lands and other landa lands fors pur PO 16 awe at set bilde tile no mention was lt iida anen ill all lands not bet wilde passed to the tile sute state he ile compito com piro thy tile utah enabling act with those of other states in ili coal coat lands funds file n 01 kt ft acido by chis ais done he lie argued to show that if it con gnas lind coal lands in ili utah to bo be in tho tile act for tola this state mention would hae hav been made ot of thein with ith school oud aud minetah land lands judge W that cong rusa did not include coni la laud uti in mineral land und and no bourt 1 uny tiny power to place tir upon un till enabling act s congress Congre iq liaa has the tho power alone tu to make 11 lons in ili acs honald ho said Coulland coul lands scan can loo 1 entered as agricultural lands lanas in michigan hansill Han sils minnesota sota und alabama Alato atna legislation roust bo be made whop there Is doubt on portalo congress Con grees must of feet this courts throughout tho the united cincot decide what waa was meant by congress congre ze rheu aonie question urises ou certain points con eluding hie ills argument on oil thio thia point polut judge waldron there Is no joeed for length argument oo 00 this point utahn enabling act ia Is per factly plain n certain lands uru tire set aside for some uso o 0 and into 0 barat lands are excepted U I 1 go to the state lie as berteil even it if coal land landi were mentioned men tined ond and he lie asserto d again that ole aero not thu tho point would bo be immaterial ili then there wai nothing to show that the landd lands had been anken up ill fraudulently the ant unley land la 18 known eoal land lau I 1 herc where coal has been found and la Is known fc to be co etain 4 I 1 there ta Is couii no tat se fur tyr any action like that started he lie aelred he ile continued at tit length to sho ehon that the tile land involved w is 9 not known coal land q 0 land lit be know n i coal landi alue 1 3 have bern bent developed ho he eald laid there WM wn rioshin not liln to show these landa lands ere coal lands minis shafts workings or kings b ba willell cual coal bodied bodies haw bao ba o been opened can alone show that certain I 1 mit contains ns coat coal Opo geologic logic il if and surface inalea count for nothing under law the lt loomed to tho decision that coal land aro are not minerua laoda lk sides aldes tho the law lair pro itlen that noticed Dott ce must lo be 10 p in and und laird 1410 ollices that certain lands open foi entry am are landd lands eliere aas no tic dispute objection protestor assertion assertions ignado against the sta teri selection of the landi now under dispute action can not be taken because development since has proved theja lands lantis coal areas jude jud I 1 e waldron again contended contend cd tint thit th it the i age ivi its stated by tho tile go government ern did not entitle it to maintain la Is no case he lie asserted nsf eort wo we aftel certain of chiq and would feel so if ir no ve n dver nver ver and it wit Il hid ilia th 1 on the tile question lou of the united baates court hero having adge I 1 Wold roi buil df lit tt lenah t th he status of the two tion resident conica I 1 le tho utah fuel od companies he eipl a ined that the morion morlon trust company com p a i ly hail had its ta own owl cou osal but hil had ix tx e ou u mado a kcf C de 1 fen fondant dant it 14 r trustee for ot the tile utah fuel ruel oom com pany in holding worth of at 5 percent wr cent buds running for nt lit icmat th 11 ty 3 eurs 3 et ho aili galil till act of con congress 0 ress applied to thy tilt circuit wurts of t tho h e united stated mad it cimpl ble binti illegal to try it 11 out ahle side of the tile district nt or which he lie N lan a real resident dent he lie admitted that thora are cases hot flold 0 ferring to aults fw in acro ohve re statu ft jf tho the title of certion property ai 1 tile to ble settled 11 ai stilt it to quiet the 1 of 0 a title or against some Apet 1110 cau can W excepted this act ho 0 ion cluder flail thusn suit started to to quiet tho the stat of 0 it ahlo tit lotho the lire might ha lubit had dot 0 cr tile defendis it bilk in ellah of 0 the tile illert ho however wener it nellt U 14 asked thy defeli dUt 0 aa A uc count 1 in Is and tie de aired sired lor for thy the till tl coul coal I 1 lu la t thy lle I 1 nde id I 1 involved avol k I 1 I 1 an to nd working ehtle ill cases ro pond loff la Is asked sheso uro tire petko misters nod toad throw tho the oui ma af 4 the t abu of the he coutts fit to tile stute k under tile derler their ort uw buich resident reel doot dia dis I 1 tracts llie E wittiest iest ika IH tried the thoro I 1 tf if thero there la Is tina tm caa I 1 1 lull 11 to go eu one tit aliu I 1 blue 1 I 1 of tile goi 1 fred A oa fp e tl artl N 0 af 4 f aka le L e titi it I 1 ti to it t of J jilt lc argued lu u too lb dt in arrer burd that talu all men la ili the lit bar who haid their to the no binl I 1 wilt parties were to in of th pm wm panics and into ht ivi stich their buttles were subject to c in ance wajih it i of tho the skier ane courtot coult of the I 1 t s I 1 breuil maidy ind unit olton many erect to show lint coo greas did buc lhand that armm 4 upon oll to thu tile lul in ill should z ali fmc tc edtl it its u part 0 of 41 ott 1 ai 1 I air U bah FUEL CASE A or OL HEARD from 1 lj or UP their grant lu la the pending cabes fill the th lands elands involved In oled were selected by the state und thou sold to ila V vho aho iu in turn transferred them to tho the coal companies he argued that wiebe tt it was shown the lands land shad had been obtained by fraud tho emern government was not es topped from seeking to have liao the en entries sift manard nard admitted that hunu of tho tile rulings of the department of tile interior qa re relative latte to the character of land selected by states were erroneous and that in mouy many instances tho the interior department had bad actually depended upon evidence furnished by conselia f torn themselves nu as to the nature of the tile land in such instances ho he bald tho real lopal era proof as to the chor character acter of 41 the land had not boon been be before lore the department apartment part ment and he lie contended that it was adio 10 lo to assume that because tho tile had been opa tip arote a 1 under circumstances the government a 1 tho the courts were barred from seeking to set aside pit eatn issued to euch such land t D critchlow special counsel for 11 tho goern government ment followed maynard in opposition to the demurrer critch low argued in detail against tho the points 11 raised by tho the defense devoting especial attention to the question of tho jurisdiction of the tile court and to the contention that the selection of coal coul landi by tho the state was legal bo be causo no development work had been done which showed the lands to bo be coal wal ballands lands critchlow read at concel con r III crable length a doc decision ision of the united states su court in a northern P case IP which it was held that coal lands wolo not to be included in a railroad rall roud grant and bold held that such A was the settled policy of congress and that it applied to a state land grant equally as much aa as to it railroad land 11 grant ho he and emphasized 0 the argument of maynard that tho the government was not es topped from becking seeking to set aside the patents be bause the selections had been ap tip 0 proved ond and by the interior department united states district attorney booth closed the argument for the in a brief address in which ha lie cited decisions which lie ar I 1 gued showed that the enabling net act admitting utah to the union did not contemplate that coal landa lauds should be included in the state land laud selections arguments were concluded before last saturday and anti tho the kase case iken under advisement AYAl wildron drou let loto to denver saturday before going on nov tover he lie served upon the attorneys for the goy goern ro ment a copy of qt ble brief which will be cited 11 led with judae marshall supple mooting his orl argument tho the attorneys for tho tile government have lit teen las das in which to prepare and aru their brief briot in answer it ie la probable ro bablo that the demurrer will tilt nut be decided for several weeks ot t if it it is sustan sustained oed it will virtu ally end tio attempts attempt A of the govern laffit to secure titio title to coal lands land s which it ia Is claimed have been m t cured wrongfully Arong tully by the coal coin com luin iee if it on oil tho the other hand thede burrer la Is overruled the coal compa 4 4 aeo uffa then bo be required to alic nn tin latia to the charge charges of fraud and ath th case cases nill ft III go to trial ou on their I 1 lie rits 4 W tho lands in question sere selected belec ted by the state of or utah its a part of ite its land binti the tile eulle state sold them to private who in turn transferred chain to die the coal cota paules the couton couten df clit that the atto had no right to select coal land lands aa as putt part of ite its land grant that the inter lor for department erred in approving tho the aid that th the ealo sale of tho the lands to tile alie coal through through third patties woe was pait pa t and parcel 0 oan a ic to defraud defraud tho government NUMEROUS ATTORNEYS e I 1 HEAR THE ARGUMENTS the easel pending involve neaily neatly beco aona acres f land of a s alue of bo be tween Sr and WOW the utah fuel company morion morton trust company and find pleasant valley coal company arotha arp tho principal defendants your four bills were bitell 11 against elioe in states court tn jn july charging conspiracy and lu in w coal lands the k coull sol fw the defendants defend anta demurred to tho the en an the ground that tl unitt court in utah liaa has of the tho defendants dean danta un A alfr tho act bf se which pro vides that no defendant a aln be tried in any district qt tho one ILI fn holcli be he la Is A resident under the circumstance circumstances and according to tho the bills by the govern mout itself the defense maintains tant the utah fuel coin kanand morion morton trust coin cm pany cannot bo tried in tilts this by the united states court the utah fuel company ie Is incorporated under tho the lows laws of now new jersey und iho tho morton truer trust com company pati under tho the lawa laws of we v york slates states ara fu the thil die tracts of which tho are aps rest denta dents it la is by tho defense besides judda waldan Wal drou the defense ie Is by waldeniar waldemar yon van got cot and mark P braffet Ur affet gattorno a for tho utah fuel company and andrlw andl lW young and ashby snow attorney nt torne for tha th morton trust company ug u trustee the government Is by rumE booth united states dis brict attorney fred rmaynard spec lal fal assistant ns united states attorney geneil geu eil d and E B critchlow special r for tho government elinor X Q thomas of omalia associate actor nav for tho the interstate commerce ce corn com mis mi salua slun was a FEDERAL GRAND JURY IS LIKELY TO GET BUSY subpoenas wore were served by united states deputy marshals during tho the week which lead to the beuch that the federal grand jury ia Is about to take cognizance of the coal cases every grand jury and every connected with tho the court la Is wing ning the tile utmost secrecy crooy se not on an intimation on tho the subject will ono one of them drop but tho the Ind entity of somo some of iho lie men being served with subpoenas lent alor to the belief that the tile coal cases are to bo investigated it is the expectation that ono one of the cases which will be taken up tip will bo be that of P J sharp who testified be foro fore interstate commissioner arouty at the recent salt lake hearing hat that ho he was driven out of business ho he te stifled that after ho lie had renounced a cut in salt lake re tall tail prices ho he |
