Show GOVERNMENT SUES I TO io RECOVER LAND UNI Bill Filed in United States Court Y Yesterday esterday Against Again t II A A. A A. A Sweet I ACTION FOR A TEST CASE 1 Yd era I t m i AsU hl tsi Cu Cancellation jell of Contracts Alleging Unit That SUite State Had 1181 Xo O Title litle within twenty four hours hour the tho opinion hau handed down l by hy Ju Judge ge John A. A Marshall Monday with reference reference refer refer- ence to tu tIme the coal land frauds suit suil was commenced in the United States Slates Circuit Circuit Cir Cir- cult court Tuesday b by Charles J J. J Bonaparte Bonaparte Bona Bonn parte attorney general g tot for the tho United States against Arthur A A. A Sweet The Tho of th the complainants asks that thata a a. decree be e had declaring that the thed defendant de do- has acquired no right title or interest in the lands s received bv by him from rom George T T. Da Badger who se secured se- se so- so cured b by contract the described lun lands 6 Cram the tIme state stale of Utah and that the time contracts be surrendered to the state of Utah for cancellation Will lIi m Determine Status l The bill of ol complaint recites at j len length th the transactions and the time suit I is admitted b by the United States district dis ls- ls attorney y to lo b be a lest test case e. e upon the termination of which much will depend The decision in III this case will vill determine the status latus of coal lands which were wore taken up LiP as agricultural lands under the provisions pro of the en enabling enabling enabling en- en abling act when from rom the fact tact that the they Jiey were known to 10 have been coal lands ands nt at the time lime of tf their selection they were not open to entry under the school land Jan grant provisions of th thi ena enabling enabling- act i Mr MI Is a an 11 attorney and promoter pro pro- moter of this cH city are and was vas a witness before the iho Interstate Commerce commission commission com corn mission an and time the federal grand mn jury Charges of ot time tho United Stute Stalo The material parts of th the bill lilI are as I follows follows' I It II Is allege that the complainant Is Ig the the- owner In iii tee lee and entitled to the pos so po of oC the certain lan lands s hereafter hereafter here here- after described 1 l Thc Those These lands ar art situate in iii Carbon count county and anti arc more mOlO particularly described f as s all of or sections 32 township I IT r. r Hou h ran range c S east ot of tho limo Sa Salt Luke k base huso nse un l men men- erl- erl C ar Ip lII 1 h 1 u 1 u l lt t 1 1 tl J tl n l I to h huml und and b hm l n in hi chI character until for Or agricultural and of or slight H If tr tran an any utility or value Ul for grazing crazing ln purposes pur- pur pur-J pur k poses oses that all an I of th- th lands land were wre well weB known knon coal cOllI lan lands and chiefly y for or the the- coal coni and on accoUnt of or f the deposits deposit were worth orth more nore nol thanS that than S 1 C 0 0 0 lao Iio 1 isbn loll for 01 Mineral Lund Lund- Time The complainant recites that the 4 enabling act pat passed b by congress and approved JUl July IG 16 1804 1891 gave ave the tho stat state of or Utah sections 2 16 32 an and 36 In every township for or school 1 purposes es Continued on Page Two GOVERNMENT SUES TO RECOVER LAND Continued From Pa Page c One It I Is js cited however that where an any or of the tho lands an s were known to contain ml mineral funeral cr l deposits til the settled policy of Cf the tho government has ha been to exclude those lands from entry and in lieu leu thier thereof of oC to give to tho state other grants In Iii accordance with such provIsion provision pro pro- vision n none Jo of or time the above boc described lan lands s la passed el to tho time tate state un under cr the provisions 1 of the cna enabling act act It I Is further recited that In 1896 the legislature of the state of ot Utah created 1 by a a bill hi passed during the these se session tho state board boar d of lan land commissioners com coIn missioners giving giving- them control and management of ot all an state tato lands hands and empowered them to sell sel the tIme bame same Contract With th Land Board It I is alleged that on November 5 5 1904 the lie state tato board of or land Jand commissioner commissioners commis commis- Heber M. M t. t its is president president president dent and anC n Byron lon Groo Its secretary entered nto into a a contract with wih George Gcorge T. T Badger l' l agreeing to to sell ell him him the thO above described land 1 for Cor 1920 one- one te tenth th to be ho paid m In h hand hn n and time the balance bal bal- ance to ba ho paid to the state In ten tem eq equal al annual n ual payments with wih interest on the deferred payments at tho the rale of oC five per IH er cent IH l' l annum It I is further alleged that on December December De Do- cember 2 1906 th time the sal said George GeorgI T r Badger for 1 51 In han hand J paid l sold to Arthur A. A Sweet Sweet the lie defendant In Inthis inthis this hit action acton all al his his liis right title tte an and In Interest In- In terest In the time above mentioned lands Th The complainant avers el that thal tho the state had no 10 title tHe In these luu lands t to o confer conCel upon Badger It I Is also al alleged af tl- tl eged that the lie lan lands s In question fueston were known n to be bc coal deposits deposit It I Is recited that Arthur A. A Sweet now hOW claims an equitable title tte to all al the Id said lands that he has ha paid the entire contract price for the same ame and that he lie has de demanded lan ed Qt pr Of tho time state of or Ut h a a cc lead d for foi tho the lands In consideration claton whereof and forasmuch forasmuch for for- as tl t the r complainant Is len boss hK In II the premises and amI by the lie strict rules of or tho ho common law tIme the complainant com coin comI I hum humbly hb prays Thai Tima the time CO court lt decree that neither George T. T adser nor Arthur Arlhur A. A S Sweet hl have hare acquired an any right lIght title or 0 In- In tere crest it t In Iii or to fn any of the lands andt That tho time contract of or G George orge T. T Da Badger Bad Bad- se gee ger and the state stale of Utah and amid ant assigned as as- a signed to Arthur rtUH A. A Sweet Is void and amI that it Il be surrendered for cancellation cancella- cancella tion ton Abl Surrender of Agreements Agreements- That Arthur A. A Sweet c. i be bo directed ty tv sUrrender for ca cancellation all al contracts contracts contracts con con- tracts and a agreements re n and that th thc the c have n ha have c t of or this suit awarded to 10 thorn thom That a a. i writ of subpoena coinS coin coin- com coin S j jk r k i 1 i 4 j f f t I polling tIme the appearance of A Arthur Aithur A I SW Sit cot t in the thc court t cOUt courthen when hen the mutter shall shaH come before It it I To 0 the bill of or complaint arc are at atI attached at- at I ached tache the lie names of or Charles J. J Fiona Bona parte lartO attorney y general of th tho United n t States tates Hiram Hirm K B i. i Booth district at attorney attorney attorney at- at torney for the time of or Utah M M. L r Burch Buech special assistant attorney f cecil and Fred A. A Maynard special a as- as a it to tho tIme attorney general g Upon the strength th of the lie lou rendered by Judge Marshall Monday Monda on ay and amid upon the time of this suit sui Go Go John C. C Cutler Cuter has Imas refused refuse to sl sign n the tIme heed deed demanded b by Sweet cot to the time lands now in question Until the present suit sui I is determined no 10 10 such deed will be bo signed w t Suit Stilt to Be lie JoI cm cd bj by Others Oilier Time The attorneys for fO the government confidently expect the determination ton tonof of lie Iho court In this maU r to b be in their favor and that hint the time exact status of or the coal lands taken up under fraud fraul then lien will wil be bo established Tn the event ent lt e that lint this suit Is decided l in favor faor of the time government It I is hinted d' d that it H will ivill wH be followed by a great number of or similar suits the titles tithes of the time lands involved therein being beng thereby thereby thereby there there- by reverted to the Unil United 1 States In lieu Heu of tho tIme school I land a HI grants which have developed to be ho mineral minerai grants rants It is assumed that lint the time government o will wi give to the time state of Utah Uth other grants of ut lands and that in the time end the state will wJ not be lie loser |