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Show 9 jtM bt THE BUN. PRICE. UTAH PAGE FOUR THURSDAY. PEBRUARY EVERY THURSDAY Decision Means Loss to Carbon and State I Continued Imued Every Thursday By Sun PublWiin Co. (Inc.). R. W. Crockett, Mknmer. 2.00 the Year ! Advance. Buberriptinn, Office IUuue No. U, Ilewdenee, U3-or 133-- celled. Entered Ai Second - CImo Mail Better, Iune 4. 1015. At the Poetoffire At Price. Utah, Under the Act of March ADVERTISING RATES 40c, DliinUy Matter Per Inch Per Issue. Transient, 60c. Special Fositkm, 23 per Cent Additional. Ten Cent the Line Each Inner-tion- a,. Legal (bunt Six Word to Line. $15-.0- 0 $1250; Water Application, ; riual Proof, $10. Bum-titnn- I Two Centa Ier Word Each laaue. No Cfanye Accounts. Addreaa All Communicationa to SUN PUBLISHING COMPANY Price, Utah I went mourning without The Sun; ateud up and cried In the roujresstkm. Jab. I 3U:2H. Twenty Years Ago This Present Week Lake E. Young of Helper was ft Sunday viaitor in Price. There was a new boy babe at the home of Mr. and Mrs. A. Ballinger in Price during the week. . Mrs. F. F. Phelps of Salt Lake City arrived in Prieo during the week on a visit with Mrs. R. W. Crockett. - David J. Thomas and family had decided to return to Price, having given up the hotel at East Hiawatha. W. C. Ben for, one of the owners of the Carbon County News, eame in from Denver daring the week to make Price hia home. '' C. Stanley Prieo, an attorney from Salt Lake City, had located in Price for the praetiee of law and had rented offices in the Miles building. The Tavern hotel opened up for business during the week with Mrs. A. Ji Norris as manager. Dumayne & Millerich had charge of the bar and Johnson Bros., the cafe. Mrs. Annie Melntire who had been visiting hjr daughters, Mesdaines McCarty and Waddell, and Miss Jennie Melntire in Green River, returned to her home in Priee during the week. ' The Stevenson Lumber eompany was enlarging it yards by taking in some ground on the east of their present location. Trackage was to bo pnt in and some new improvements made all The eourt opinion then proceeds: evidence, the district eourt, without making findings, gave judgment cancelling the patent from the state to the land eompany and quieting the state's title. "The court of appeals, in reversing this decree, made findings, which the evidence supports, that the state, as alleged, had, in 3920, patented the lands to the Carbon County Land eompany, taking back a mortgage for the purchase price, and that in the same year the land eompany had sold 1120 neres of tint land to the Independent Coal and Coke company, whieh had notice of all the proceedings, including the final decree in the first suit. Supports U. S. Interest. "Upon these findings, it is apparent, from our earlier opinion, that neither of the corporate petitioners enn retain any interest in the land, as against the United States. As the cool lands with notice of the equities of the Innds with notice of the equities of teh equities of the United States against the land company it took subject to these equities and ean be in no better position with respect to them than its grantor. "The land eompany, a party to the fraud by which the certification of tho lands to the state was procured, and to the decree in the first suit that so determined, eould not improve its position by taking any ' further conveyance from the state. However .innocent the state and its officials may have been in this transaction, any interest the land concern could acquire from the state in its own behalf was bnt the fruit of its fraud and of ita violation of the deeree against it. This aspect of the ease was discussed and passed upon in our first opinion, and the conclusion there reached requires affirmance of the deeree ao far as it affects the land company and the coal company. - "The state of Utah ean stand in no better situation with respect to the mortgage and tax liens which it asserts. A copy of the hill of complaint in the .original suit was handed to the state hoard of land commissioners when the suit was begun in 1907 and the state has been fully advised by all the subsequent proeeed- - "After a trial upon 1879. Reader Fifteen Cent the Line Each Insertion. Count 8ix Word to the Line. (25) CenU Blackface Type Twenty-Fiv- e Each Inaertion. Resolutions, Obituaries, Carda of Thanks,Rales. Count Etc., At Reading Notice Six Words to the Line, for Sale, For Rent, Found, laatt. Etc, From Faso Omi the certification of the lands to the state by the United States be eanr J. 1 - SCOUTS TO POT ON CMBON IN GENEML TO id m ram. length of the essay for that group will be 450 to 550 words. With this exception the rules will be followed as printed. Proper awards will be presented to first, second and third place winners in edch group. The declamatory contest is divided into two groups, the first being grades five aqd six and the second up to and including the ninth grade. Declama- Carbon county schools are tory must be taken from the selecwith several organizations and tions relating to George Washington for declamation contests. Contestants business houses in observing Washcelebration by will be judged 10 per cent on stage ington presence and 90 per eent on interprepreparing posters, entering declama- tation.' Suitable awards for winners tory and essay contests and promot- of first,, seeond and third places will )ba ervancf of the George Washing- ing a George Washington be provided. . ton bieentennial celebration by Carcitizenship project, according to B. P. O. Elks to Aaist information given out this week by bon district Boy Scouts will draw The George Washington W. W. Christensen. Equitably Entitled to Ind. more than two hundred boys to Price Supt essay contest for seiuor high A George Washington poster con"By 1904, it had contracted to sell test is. being sponsored by a local Saturday, according to J. F. the ljmdg Milner and associates for U. lMge HO lOOO A district chairman. The observ- hardware store for students in the payable in installments cri Elks. The essay contest is the first u of oe ance will be in the form of a huge first eight grades. Each grade will By virtue of these were equitably present one poster 24 by 36 inches. f tSf,?er contracts, barbecue oirdCT. and the at and contest The program park around. by this, The work will consist of free-han- d to the land and the state court of honor at the Latter-da- y The high tehool board met in Priee cuttings, drawings, paintings, silhouyef 1,1 on interest was but that of a vendor, hav-Saints tabernaele.Mt promises to be ettes or future wtU he in the nature ot inthe other material the week developed mere rjht to retain the title daring any and.aeeepted plans one of the largest meout celebrations in the fiorthe new building which was to bs The . j as program. unpaid balance of herd. . The plans of Arthitect ever held in Priced material to be exhibited must be' so .agreipurohsL Tho barbecue will be preceded by a leeted. from the material of Salt Lake City ed produced in UMToTOrtip Uwlithiu j e .w.rd. wiIl program, . beginning ah 2 p. m., and the regular class work. The poster, j the building to eost ini uoeiitn UiW by uqtiWj neighborhood of fifty thousand dol-la- n. ineluding: Assembly in troop forma- will be judged on the following points: ed to winners of first, second anj Teyed by them to the- land eom-thi' tion; salute and pledge to the flag, quality of work, 00 per cent; arrangeplaces. The winning essay led by George A. Rowley, scout combe rontest entered in the state j?1 ment, 20 per cent; originality, 20 per ?! '.Altoona' was the name of the new Another feature of the celebration nhed SUti. townsite situated on the east bench missioner; selections, Scout bund, un- cent. of Olen D. Reese; inEach poster should be headed: will be the George Washington of Lake Fork in the Alexander school der direction ".The governments allegation in its W. A.. oration on vocation, citizenship project for the answer to the intervention Horsley; district. The town was on an Indian "George1 Washington complaint Reed Adams first nine The of this of object grades. Spring Potcr. The name of the school and allotment purchased by J. M. Millard, Washington, time of the tho at the that of state, and a mile and a half east of Alexan- Canyon; recommittal of scout oath; grade must not appear on the front project is to motivate active interest deeree the purchase priee had been of Eagle scouts and spec- of the poster. The ; oxter must be com- and participation in the character edder. Acre lots were for sale at $40 introduction paid in full, was not denied, by. the ial guests; benediction, the Rev. John and in the hands of the com- ucation of the schoola. In the report state s 'replication. pleted eagt. E. Phipps. " mittee at Prieo not later than April cards the trachera will enumerate the A. D. (Sandy) MacLean, a mining IVanous Voted la Load Company, contests will be held fol- 1, 1032. A county poster exhibit will character trait that they hope to deengineer, who was connected with the lowing the program, and the bnrbeene he evidence on the poict was of- "No in the this In velop pupils. in project some for date arranged early Annie Laurie nroperty at Kimberley, will bcjjin at 5 in the present circumstances but schools the to with fund, ot the.court hope m., bring permanentApril. Awards are offered by the eomno qao Dqj 2uuup ppiJtpiH ui sus honor scheduledp. we do not think it material. Subject before the of the for 7:30 p. in. importance ly pupil third second for and first, places his way to Marysvale where he was to Committees are: Bonfire, pany punctual attendance and the six char- to the states security title and right tu each grade. make his headquarters while he was Dell acter traits enumerated on tne report as vendor, every interest in the land Rev. the II. Mncltiii, J. Gardner, to . Legion Sponsor Contest!. investigating a number of properties Vernon Merrill; baiheeue, B. W. Dalwas vested in tne land eompanj, anp cards. on Gold mountain. The declamatory and essay contests The contest will begin on February whose rights remained unchallenged ton, Harry Mahleres, LaVcr Birch; On Monday and Tuesday of the sports, C. IL Madsen, Vernon Merrill, are being sponsored by the American 22. Each month the school making the and unaffected by any action of the present week about a doxen employes L. Earl Aeerd; flag eeremony, J. F. Legion Nists and auxiliaries and is highest )iereen ge in punctual atten- state when the deeree waa entered in for intermediate and junior highs, dance during the and officials of the Consolidated Wa- MaeKuight ) . year, the first suit. grades 5 to 0, inclusive. 22 to November 24, will be "That decree irrevocably fastened gon & Machine company met in Priee February and two days were spent in conferIts easy to get rich quick if you The essay contest is divided into awarded the George Washington pic- the equities of the United Staes upon ences in relation to the eompany bnsi-ness- . ean find enough people willing to get three groups. Group one is for the ture for the following month. At the every right and interest which the fifth and sixth grades; grade two, end of the year the school maintain- land company had or could procure Manager W. F. Olson of the poor quick. seventh and eighth, and group throe Price branch was looking after the ing the highest average for the year in the land. So far as the state was In running the government it is not for the ninth grade. . welfare of the visitors. will be awarded permanent possession concerned, the decree substituted the always the overhead that costs so The rules governing the contest are of the picture. In addition, each pu- United States in the place and stead much. Quite frequently it s the to correspond to those in the Civic maintaining satisfactory records of the laud company as equitable ownpil program for Utah srhools. The in the character traits and also main, er of the land and stripped the lattui ; taining a perfect punctuality atten- of power to surrender its interest in dance record for the remainder of the the state. . W. current school year, will be given a "The deeree was likewise of bindWalter C. Geaae, county attorney special citizenship award. ing force upon everyone, including the : state, who might later knowingly atof Carbon, appeared before a meeting of the Associated Civie Clubs of South- ' Live tempt to acquire any new r different interest in the land in derogation For those who failed to n ticc the occasions, he has sjient quite a hit of ern Utah' recently at Salt Lake City of the equities adjudged to be in the and presented a plan whereby the na- following article in the Art and Liter his time naiuting in California, to United States. Even if we were to astural - resources should be insured store section of last Sundays Salt which he has just returned for anothsume that at time of the decree there against depletion and funds from roy- Lake Tribune, Tho Sun reprints the er visit. Some of the best canvases in was an unpaid balance of pure has alties should be remitted to the coun- article. It tells of the paintings of Dr. the iiresent exhibition are the marines, The 8nn 8pecial 8ervice. j ties in whieh such productive nature A. W Dowd: money (which eould not have exceedshowing the California coast or the KANSAS CITY, Mo., Feb. 15. acre an enthe state was resources are located. Following painting for many years beach at Coronado, where the deep ruled ten to fifteen cents ed fl.50 He gave atatisties to confirm the as an avocation, Dr. A. W. Dowd, who blue of the waters, he says, reminas higherprices than Saturday and steady with titled only to retain its title until payrequest. A general discussion follow- recently retired from active medical him of Capri. the best time Friday. There was au ment was made. Beyond this it eould make no profit and derive no benefit One of these California murines, in actire ed and Cease was asked to prepare a praetiee and is now making his home shipping demand but packers free of the Undetailed outline of the plan to be mail- in Salt Lake City, has been devoting whirh he employes a looser, freer were not anxious for sup. ited States. equitable rights of the particularly himself more assiduously to the art technique tlinn is his wont, gives a vised to the directors for their as plies they had a liberal run of dithat lie loves almost more than .his ta of the bine Coronado waters, Declarea Rights Ignored.' rects. Sheep and lambs ruled twenty-fiv-e has now and accumulated line roast of science, soft gray roots under a Saturday afternoons program was to forty eents higher. Late last "Any grant of the lands by. the devuied to a discussion o: the propos- - quite a collection of pictures. Twenty-f- bluff ujxm which hangs one of the week the market De- state or the land eompany or to a slumped shurply. of these canvases are now on spreading cypresses. The pirture holds mand showed od organization of the boaidoflhe our a marked improvement stronger, without the assrnt of the a feeling of air and sunshhe, though federal reserve Sunday morning. display for a short time at the United States, would have been in vioThe better classes today. Art Gallery. The name of George Jefferson o it shows an overeast sky, and possess- - and feeder eatle- - were of both fai. lation of iU' equitable right as they strong and While Dr. Dowd was interested in' c tonal harmony. Milford was presented as an apiiointee the medium to fair kinds were steady. hod been adjudicated by the decree. in his vonth, he abandoned the on the Utah board, with other organis art "On tho Edge of the Lakr is one Last week the market was "Ignoring those rights, the stale quoted up ations supporting his appointment. A study of it to take up the profession of 'tho Utah mountain Innilseapea and twenty-fiv- e to fifty cents and in hold Issued a patent to tho land eompany, of medicine. For a long period iie was pniuled in tho Uintahs, nnmher of major bankers were con Vre the ing steady to strong today wiped out receiving as the proceeds of its wrongtactcd and the matter tabled pending a resident of Price anil eounty phys- mountains bathe their feet in nil of the decline of two weeks ago. ful conveyance, the mortgage of the the report of the hankers committee. ician of Carbon, having a wido pracwaters darkening with night land company, an active participant Receipts today were 12,000 cattle, tice with the coal mining industry. while the rose of sunset A general surrey of tho banking conbrightens the 5500 hogs and 10,000 sheep, in the fraudulent scheme, to secure ralvcs, Several he deserle.1 his the ago ditions, especially regarding rural prac- npper shics. "Sunshine ami Shalyears with 11,000 eattlc, 1500 the increased payments of $100 an hanks, was considered and it was the tice long enough to take up art studv low" is an antumn scene of Castle compared 8000 calves, hogs and 14,000 sheep a acre. It actively facilitated tho conopinion of those jiresent that every for a time at the Pennsylvania Acad- (laic, allowing a sunny glaili with yel- week ago, and 13,800 eatilo, 1G25 veyance to the eoal eompany by the effort should be mndo to obtain ihe emy of Fine Arts, and for a year low asiens clustered beyond a dancing ealves, 0030 hogs and 13,650 sheep a land eompany by agreeing with both earliest possible assistance for the rur- abroad, during which he studied and tnrat stream, a picture that has a year ago. that the state would release from the visited the art galleries, steeping him-so- lf nice outdoor feeling. al baqks. mortgage tho lands conveyed to the in the art atmosphere it the old This Dowd group will be shown fot There s this much to he aid of the eoal company upon Renew that expired insurance policy world. payment of $112,. a week, when there will go on exhibit girl who married for a 000, which the coa 1 eompany under- with Heritable Insurance Ageney, J. Since Dr. Dowd gave up hia profes- at the gallery a collection of the work home she generally eould be found took to pay. llrachsn.JLse, manager. sion, except to aet as consultant on of Olaf Moller, an Idaho artist. living in it "This attempted enlargement of the Two Hundred Boys to Come to Price Mac-Knig- 0 . te di ey "ti,j ApiTte were-accept- in--th- ITT tat ai rd . Plan Presented At Meeting to Preserve Natural Resources Exhibit of Dr. A, Dowd Paintings Displayed At Intermountain Art Gallery At Zion states interest in the IB, lands, in jvf inution of the equities of the likA the conveyance, mortem ? and agreement by whieh the atfaZv was made, was a violation of th4 eree and of the equitable rights firmed by it, from which the state take no benefit. This is not any less the ease because the lund puny, as against the United 8 eould not rightly receive the or retain its benefits or grant other than the United 8tates any" terest in the patented lands, The state urgea that the Bn States is estopped to assert any to the lands as against it by ments made by a special asiLtant tomey general in a conversation W tween him and members of the botilTj of land commissioners in 11)07, he delivered to them a copy of the will of complain in the first suit. Agree With Lower Court "We agree with the eourt that his statements cannot be r ed ob so inconsistent with the to form any basis for the ilk estoppel. In any ease, he was obv ly without authority to dispose o rights of the United States in its i eral lands and eould not stop it t asserting rights whieh he eould i surrender. It is argued that the la were not mineral lands, and that t, adjudication to the effect in the ft&j suit is not rcadjudication as to state. ' "That question was again lit in the present suit, and upon this sue the eourt below, upon suffw evidence fonnd in favor of the ited States. But we do not think question requires our examinatioa i is ppen upon the present record. "The deeree in the first suit dicated the equitable rights of the U&vbj ited States as against the roqjonkHff petitioners for reasons already ed. The state has at no time had asserted any interest superior to j of the United States, except its dors title, whieh it has sinee qnished to the land eompany. "In our first opinion we held statute of limitation the aetions to cancel patents granted the United States, even if embratiiiV- -a suit brought for cancellation id certification of the lands by the ited States had no application to tk&V relief sought against the eorporats pt titions.'. Formallx Affirms Decree. "For the same reason, it ean hi. none to the relief granted ugainst state in aeeordanee with prayer of bilL The present euit aid not cancellation of the certification leas that prayer was denied. It a equitable rights to interests in land derived under and by virtue the eertifieation. The decree proeeAV. and ia affirmed here, on the gnon t.i that the mortgage and tax liens usut; ed by the state are subordinate b those rights. ."We have considered, but find nnneeessary to discuss, other objx'g tions to the deeree. Affirmed. I adj, six-ye- ar I -- - Ml Every man is entitled to an aabpjjft bile in whieh to pursue happis since life and liberty have been taku over by the reformers. Soldier Canyon Coal Delivered Right From the Mia LUMP, HUT or BLACK ' Phone S87 LEONARD SHIELD HRSUE.WJIiniD.EIt! Twe Cents Par Word Esch Insert! Ne Chares Accounts. WANTED CLEAN WHITE XJTntt.w ram Bring to Tbo Bun office. FOR RENT THREE-ROOM went. fiirniwheH. tinne 215-J-. All Classes of Stock Selling Higher At Kansas City educed the Acid i pine-border- 1,-0- 00 j ICK stomachs, sour stomachs aoJ j indigestion usually mean exccnj uridT Tho stomach nerves sitj overstimulated. . Too much add makes the stomam , and intestines sour. Alkali kills .sen instantly. The bat form is Phillip Milk of Magnesia, because one harts j leu dose neutralizes many times to volume in odd. For 50 years thesis dard with physidana everywhere. I Takes spoonful in water and yoj unhappy condition will probably css i in five minutes. Then ;vdi will slwsjJj know what to do. Crude and banniu j methods will never appeal to you. Ct i j prove this for your own sake. eavs great many diiagreeablehe Be sure to get the genuine Pmbir Mllk MogauU piuoeribed'Jf ; ; Hot d i. f.T V A ',!f . |