Show DEMURRER IN COAL CASES OVERRULED judge marshall after considering the matter all summer handed down a de casion in the united states court on tuesday in the coal land cases where in don E W sen or and others are charged with conspiracy the demurrer of the defendants which was regarded as i strong one was over ruled and they are now required to plead to the ind cament the specific charge lo 10 that the defendants named other parties to enter the land ao osten sible purchasers while as a matter of fact they purchased the land for the cle fend ants under an agreement the ground of the demunter filed by the defendants was that the acts al lebed did not constitute a cam nal con under the strict construction of the statutes it was claimed that the fraud was merely constructive a feie meie fiction of a court of chancery for the durpos of affording a remedy at law and as such was not within sec tion under which the men were in dieted f it is evident to most emery county people who have given this matter par nicular attention that no crime waa corn and the government is engaged in a business 11 its persis tence in throwing bricks at a straw map of its own manufacture it is likely that there m have been a railroad running to this coal land and a mine producing several hundred tons of coal per day had not the wonder ul con sp iracy been detected it would be interesting to know just what the go has been robbed of in this matter |