Show KNOCKS OITT OUT GOAL OAL C 4 LAND TITLES E S federal jude judge john A marshall holds that state had no right to sell land known to contain coal discovery of coal will not prevent voiding of such ownership at salt lake city last lart monday a decision that promises to be of lav far reaching effect was rendered ren dorod by br judge john A Marti marshall hall ip in the united states district distri cb court wen the demurrers of defendants gro ro in the cases of the united states against the utah fuel company and the same plaintiff against tho the pleasant valley coal company ft tf intimations made by judge marshall eventuate when the cases finally come to trial there will bo be im tin overturning of matters relating to cool coal lands ia in utah taking as authority long established rules of th acho department of the interior the court holds to tho the opinion that aut only does the state have no right to dis dispose of lands known to contain coal but if title passes and it subsequently develops develop that coal actually underlie the land although it was not known at the time that such was the case 1 ho the ownership by innocent people Is not grilk aly void able 1 but void in the casu against the utah fuel company the suit was brought to quiet title for an account ing of coal heretofore mined from certain lands oid wd for an injunction against the f further arth ar extraction of coal the Tho morton trust company of new now york a mortgagee wad mado mada a party defendant and nd both it and tho the utah euel fuel company specially lo 10 tho the bills tha th latter on the ground gr ad that it is a citizen of nair jorsey and that suit can only bo be maintained ir ahat district the trust corn com a demurs oni ona nu I 1 mi ground round that it Is a resident of now and can only be sued in that state both objections are based on seo see I 1 lot of the judiciary act ol 01 1887 1888 ty many urises cases arc are gone into by judge marshall bu IL innone in none of them does dooghe he seo see any warrant for A granting antin the petitions of ot defendants and he lie con etudes des his decision in tho the following words of ourse arse if i the defendants 1 U not appear a decree 4 7 can ody bo be effectual with respect to tho the juris die sen an oabe the court and described in the bill att 1 un on V appearance VJ full relief ma tn y 1 aga nedd 4 the he id de 0 L murrey will be overruled al A 1 iq 10 the caso cage of tho the united states Ns vs the pleas at valley coal com company peny suit was brought to I 1 annul cortini corti fi of lands by the interior do part went to tho the state of utah for fraud mistake at and error of 0 law in in hip proceedings ending I 1 aitho 7 othe certification and because of the land being mineral and not jofs of a character intended to c bo be granted by the tle government to the state then tho morton trust company ando an appearance for the pur pose of objecting to tho the jurisdiction of tha bourt over it the same point was passed upon lu lit the other case and tha the demurrer was overruled on the same grounds ground 6 tho the pleasant plasant valley coal company interposed a general demurrer which chall challenges ages tho the equity of the bill this is the objection which bris brings out the e most Import important ruling of the court the filst question to bo be considered on this phase of the case is whether under the giants grunts of land to the state of utah by lu enabling act at approved july 10 1894 in which the state was authorized to select certain lands lando horo hero again the court considers many cases after which he says tho the department of the interior charged with the supervision of this matter 01 tl i regulation 0 of land affairs has consistently ruled that the state of utah had no au right jo 0 o select known mineral lands in satisfaction of its grants affer after citing nn an opinion by assistant attorney general in state of utah 30 I 1 D judge marshall again says A different in terp torp rotation would deprive the states of many of tho the benefits intended by the grants of the gen gon oral aral government and it would leave the title of land and so go granted unsettled tely although title had bad been transferred to innocent purchasers except as congress has sinco the date of tho act in question quest lon adopted a but such buch could not laye have been the intent of tte ath mt but as the other parties to the transaction complained of in eluding the state are alleged to have been mere more agents of the above company tor for the procurement ot the title in de defiance flance of law and that is charged with knowledge of tho the facts render rendering ing the title voidable I 1 see no aisy in which this sistine 1 lion tion can ad vantage advantage the defendants so far as the demurrer interposes the te defense of the statute of imitations it has been beeri drawn without prejudice to an answer raising abo simo same defense othar reasons in support of the demurrer were advanced in in argument but I 1 do not find it necessary to discuss them in detail the demurrer will bo be overruled defendants in both cases are given twenty days in which to answer the allegations to the complaint and tho the cases will subsequently be tried in ho the federal court of utah A of course the decision of judge marshall will not rot bo be final with the utah fuel company and the tile pleasant valley coal company an appeal will be taken to the united stat Ssu promo court |