Show V j SPECIAL COUNSEL A CITE GITE AUTHORITIES Aim Aini im to Prove That Utah Court I Has Jurisdiction in the j- j I Coal Cases I I I. I J i f g. g ARGUMENT IS CONTINUED r r j Mr Ir fr Valdron oldron Will ili H Ills JUs SUu f This Morning Ruling May MayBe hl r. r i Be LIe Reached h by lu Tuesday n l I L 1 Tho The Tho third day clay of argument In the coal land ca cases es before the Fe Federal eral I 1 court was devoid of Interest and no now new points were brought out b by counsel counsel coun coun- p sd sel on either side sille although the government gov gov- presented Its case in part 1 Special Counsel Fred Frell A. A Maynard S I and E. E 13 B. Critchlow assistant to District Dis Dis- z Attorney H. H E E. Booth presented present present- y 1 ed d the ar argument yesterday e and cited f authorities to show sho that the Utah t court has jurisdiction in the ca cases es at I bar Mr Maynard spoke until 1115 and was followed by Mr l Critchlow t I who spoke for COl two hours District jl Attorney Booth added a few Cew statements statements state state- ments monts to refute the thc argument made malle b by the defendants defendants' counsel Thursday and the day was closed h by Mr l Waldron Wal- Wal at t dron who will ill resume his argument s this morningS morning S f fl t I It is nut not expected that there will willbo be bo a ruling in the tho case caso until the latter part of next week All of the argument h. h 11 ment will be bo In by 11 Tues Tuesday ay and Judge If f Marshall will then rule upon the special cial demurrer flied filed b by the defendants g S involving tho the Jurisdiction of oC his court COUlt courtin in the matter I j In the argument of or the tho counsel fo forthe for tor V the defense e. e It il was stated that tin the t action was one to set aside e a lien Hen but bu S Mr 11 Critchlow held yester yesterday ay that no i matter what was stated in the bill hill med filed f I in n this this- court it was a direct action S to set aside a conveyance Upon this S point he held that tho government o S has lias standing In a n. court cOUlt of or equity i Mr Ir Argument f S Attorney Maynard l in beginning hi his vp t J ar argument yesterday said ho he would not notS S f go into the details of or the argument i C but would cite ca cases es to show that this court has lias Jurisdiction and he took I up 5 S the tho causes set get forth In the t S Upon the point of an alleged conspiracy con con- to give gl a false Calse meaning to the entries cited in n the five fi bills med filed In Inthe Inthe inS S S the Federal court he showed b by decisions deS der de de- de- de of or the S- S Supreme court that I while the patent title granted ranted b by the I. I government go to the lands Involved in inc c tho the action might be he valid for or g-e g general I S purposes purpose of or ownership such patent dl did not shut off ort the government go from Crom S seeking redress through legal proceedIngs proceedings proceed proceed- ings wh when n it was found that fraud mull and deceit were connected with the transfer transfer trans trans- fer of oC tho the lands Ho said that up to 1903 the lan lands s shad had never been re really all exploited and that the Department of ot the Interior in issuing papers depended upon the theS S alleged conspirators to furnish Information Information S mation matlon relative to the character of the i lands Involved There had really been no actual proof therefore to show the United States Stales land commissioner what r was wa a the real leal nature of or th the soil S Coal Coni anil ami Mineral Land The deportment had had hadnot not ho said T 1 recen corrected tho the error I or tJ the c coal lands lunds with gold goll and silver Ih r lands when every geologist geologist S gist and most laymen know the tho difference dif lur- ference ferance between the formations formations' E. E B B. Critchlow followed Mr Mi May ra- ra ar- ar nar nard He lie reviewed and summarized 1 as prefatory to his argument the bills presented b by tho the government and critically referred to contention by I counsel for or the defense that the lands S in question could not be classed as asS S coal lands landH at the tho time of filing because c S there ther had been no shafts shans dug or machinery machinery ma ma- chinery operated These tan lands were S known at tho the time as coal lands whether actual mining had begun or not Then argument as to what was I known b by locators or what evidence hu had 1 been submitted to the department y as yas s not essential 1 Ir dr Critchlow oc occupied oc- oc S. S cuple 1 forty five minutes In reading a decision in th tb the Northern Pacific rail raH roan cases mainly to show that the S principle held goo good 1 both in the cases S S o of railroad grants ants and In the grants e to states and that the refusal of ot tho the I. I gov government to allow atlow coal and mineral lan lands to be Included In tho the railroad 4 if 5 grants at also o held heM good in refusing to allow them to be included In state stateS S S 5 S grants Ir Critchlow emphasized the theS S J. J r ability ot of th the government to sue for Cor 5 5 S cancellation Q of patent where possession posses posses- 5 sion Ion could be shown to be wrongfully 1 i S acquired 1 and tho the fact that the department department de do- 5 mIght might have have blundered 1 and andS S dt t made mode mistakes es dl did not count in favor avor to of oC the defense 1 I District Attorney Booth t. t District Attorney Booth followed Mr f l Critchlow talking h half lr an un hour and citing authorities s to show that the S l government has a rl right Tt to sue In this I court for tho the cancellation o of a n land lan landI 1 I J patent where the grant grantIs is shown to tol l have been wrongfully and Illegally S 1 j J I I ma made e. e Ho He made a a. strong ar argument 1 S In ilL support of ot the governments government's conS con con- S I f Mr Waldron talked ed In rebuttal until I i. S 01 r the close of the tho session refuting some 5 of ot tho statements statement made malle by counsel for I 5 tho the government and he will conclude concludeS S I this morning S S |