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Show T3 70th Year a No. 36 Thursday September Lloyd Smoke" Lazenby, 48, failed to negotiate a turn on Black Tail ridge juat North of Ducheene and drove hia Duane Hall Trucking water truck over the edge of the embankment He waa found two boura later by aearchera in the Ducheane River where he had drowned. According" to Ducheene County officer Ralph Stanafield, Lloyd Laxen- by waa loaded with production water at the time of hia descent from Blake Tail Ridge three miles West of the Altamont highway on the Utahn -Duchesne River roiuL '. Standfield stated that they had not determined whether or not. Lazenby had missed a gear or just missed the turn but whatever the caae he left the top of the hill aUd about 70 feet before rolling the truck another SO feet where it came to reat on its topi A son of Randy Helms, the closest resident to that area, aaw the accident and told his dad about ft. Randy told his wife to call the sheriffs department while he proceeded to the scene of the accident.' When he got to the top of the hill where the track had gone off, he reported a man running toward his hmise just about to cross the Duchesne luvere- - - When officers arrived to the acene . 6, 1963 Roosevelt, Utah . recovered. Medical examiners in Salt Lake hated the cause of death to be that of drowning explaining that there were only minor, cuts and bruises caused from the truck accident. if he hadnt been seen running in the direction of the river we would have never found him, said Stansfield. Stansfield said that shock from the accident was taken into consideration in trying to explain the accidental drowning in the murky Duchesne . . River. Stansfield was aided by officers Jack Bird, Heber Smith, Gary Ivie and others as they searched the area for Lasenby. The accident oceured at about 12:45 ' p.m. Saturday, Septembers. fast so they brought them out here. The plants were found by a wood cutter who notified Heber Smith of the Utah Highway PatroL He' in turn eontactedthe Sheriff a department Officers spent all day Sunday watching the area from a distance for connected persona. It was the" determined that the plants were not being cared for and they ware taken to the aheriffa office for weighing and destroying. There are no leads as to where the plants earns from and who they belonged to, Although there were several different kinds of marijuana plants, moat were a very high grade. A special sinsemilla (seedless) plant which originated in Hawaii was found. This plant is plucked to keep the leaves growing very dose together. A six inch head of these leaves are valued around 1250. Marijuana is presently selling for $160 an ounce. There were some plants six feet tall and others that had just been started. There was about 10 pounds-o- f leaves valued at about $30,000 found in the stash. The sheriffs department was on page 2 ' he Was going to get help at a nearby house. This accident happened on Saturday, September 3 on the Black ' is assumed Tail Ridge road north of Duchesne. Appeals Court rules on jurisdiction cose It was over two years ago, June 19, 1981, that United States District Judge Bruce S. Jenkins, ruled on a six year court battle concerning a jurisdiction dispute between the Ute Indian Tribe and local counties and cities. This past week the United States Court of appeals for the Tenth Circuit, Denver, overruled the decision of Judge Jenkins. The Appeals Court agreed with the trial court that The Reservation original Uncompahgre was disestablished fay Congress pursuant to the Act of June 7, 1897 ana no longer exists. They tlso agreed that Trim to August 28, 1905 the original boundaries of the Uintah Valley Indian Reservation were diminished by Congress through the withdrawal of the GQaonite Strip in 1888, by the withdrawal of 1,010,000 acres for the Uintah National Forest, and by the withdrawal of approximately 56,000 acres for the Strawberry Irrigation Project The Appeals court also agreed with the trial court's finding that The 510,000 sera Hill Creek Extension incorporated within the Uintah and Ouray Indian Reservation. The area of disagreement however, waa one 4 the major issues in the dispute. The Appeals Court reversed the ruling of the Trial Court which stated that the unallotted lands which existed when the Reservation was formed remained part of the Reservation. The majority opinion said, Instead, it is our judgement that the then unallotted lands lost all reservation status, became part of the public domain, and not within the Reservation for any purpose when the reservation was opened, subject only to the special tracts herein discussed set apart for specific use before the land was and subject to valid mineral specifically provided for in the Acts of 1902, 1903, 1904 and 1905 and valid claims made under the general mining laws. The ruling explains that the Indian Appropriations Act of 1894 which basically directed the President to appoint a commission of three persons to allot ownership to the Unceompah-gr- e Indians within their reservation for agricultural and enuring lsnds. The act afro directed the commissioners to report to the Secretary of the Interior which portions of the reservation were unsuited or were not required for allotments. The act further stated that such parcels of land would be returned to the public domain. The second act of concern was the Act of August 15, 1894. the Duchesne County Gerry of 136 Sheriff's Department holds one marijuana plants, found by a woodcutter north of highway 40 on the road to CEDAR CAMOUFLAGE 25 Cents On what was to be the last sweep the through the. brush around Ducheane River by the aearchera, a foot waa spotted in the Duchesne River and the body of Lazenby waa iS'DuaW'Vtatl aterirutfc':vas driven hill this side by Llpyd "Srhoke Lazenby of Tabiona. down He was later found drowned in the Duchesne River where it 186 marijuana plants by the Duchesne County. Sheriffs department lpat Sunday, September 4 The plants were located in the cedars just north of Highway 40 mi the Tabiona turnoff. They were all potted and unattended at the time of the finding and valued at about $80 ,000. According to investigating officer Gerry Ivie, there may have been some pressure on individuals on the Wasatch Front that had to dumn the planta ' the trade waa atQl running, production water waa atQl emptying out of the raptured tank and the driver waa not at the acene. A aeareh group waa organixed by the Ducheane Fire Department neighbors, officers and employeea of Duane Hall Trucking TOTALED TRUQCi-- Th A tip received from a wood cutter in the Tabiona area led to the finding of 22 E22! Ivie of Tabiona. The plants were valued at about $30,000. They were in pots and had been unattended for some time. They were found on Saturday September 3. According to the decision of Appeals Court, this act directed Secretary to immediately open unallotted lands, after approval of the the the the allotments to entry. Any land which was felt' to be unusuable restored to publie domain. The Tribe, however, has argued with respect to the Uintah Reservation that limitations on entry demonstrate that Congress did not intend full public domain status for the land. The Appeals Court ruling, however, points out that the terms "public domain appears simultaneously with provisions for limiting entry. The majority opinion explains that the purpose of the limitation on entry to homestead and townsite was to prevent land speeula- tion. The. proper analysis is that owe land has been again placed in the public domain it is open and free to the application of the public land laws, the decision states. Congress may then make limitations on entry and location, but these do not change the status of the land. An additional aspect of the unallotted land was experienced in the half century following the establishment of the Uintah Reservation. During this period Congress enacted several laws which the counties and cities claim altered substantially the status of the lands initially encompassed within the boundaries of the reservation. The Ute Tribe, however, claims the entire Reservation, as initially created except for two small diminishments, and claims that legislation did not affect their rights. The counties and cities also claim that the Acta of Congress in 1902 and in 1905 directed that allotments of land in the Reservation be made to individual Indians and provided that all lands not allotted were restored to the publie domain, and thereby were no longer a part of the reservation. According to Duchesne County Attorney Dennis Draney, the decision Court of the b a Appeals victory for the counties and cities involved, namely Uintah and Duchesne Counties and Duchesne and Roosevelt Cities. Draney said the Tribe has been trying to maintain the reservation of. all status 4 all lahdT within the 'reservation. The derision, however, rules that certain areas, such aa that within Roosevelt and Duchesne dties as well as a number of principally owned ranches and farms, were' returned to the public domain and do not fall under jurisdiction of the tribe. We feel very good about this decision, said Draney. The County Attorney said the Tribe must now file 1 Continued on page 2 |