| Show l GO ON T REPORT ANUS 1 Joint Boy Body Recommends Appropriation Appropriation Ap Ap- Al- Al for Legal Investigation z- z S BADGER CASE REVIEWED g r Ih i lS s Sine l 10 A AIn I t In Iii Defense c of oi r Suit Stilt III In Circuit vt I Court J 1 1 D special joint c committee a att appointed ap at- d t pointed to Investigate the status of the thc It t stats states title to certain coal lands granted tL d the state lIn under el tho the enabling f net act will wm to the house and report senate SOil sen r i ate and hom next house c Monday Th Tile They f i will recommend th that t an au appropriation tion of oC to be used under the tho r p direction of oC the attorney general In k employing c. c expert elt witnesses an and counsel coun coun- I t. t A sel el to determine the states state's legal right t. t L L to these lands Following Is the thc report re- re port Olt In full t I Salt Snit Lake Lak City Utah Feb 7 1907 y Honorable Stephen H. H Love LOVO President of or the Senate and Honorable Harry J S S. Joseph Speaker of oC the thc House Your special Joint committee apI appointed ap a ap- ap I pointed to inquire into the tho status of oC the slates slate's title till to certain coal lands i granted to the state by the enabling r rI net beg leave to submit the following j statement of or facts and recommendations 1 In 1904 the state slate board of or land r commissioners entered Into a contract to sell ell to George T. T 1 Badger certain lands lund which according to lo the numbers num Hum t cIe IH bers rs of th the respective sections are arc school lands lantIs within the thc meaning of oC I t the enabling act This contract was t 1 later transferred to Mr 11 Arthur Sweet and by him It was carried out I 1 On Jan 1 1 1907 Mr rr Sweet made his last payment Having HavinS' performed completely his hb part Jart of or the contract he hc that patent for Cor the land lantI be Issued to lii him The rue state tl did not and has not riot issued the patent for this J. J land Jand for Cor the reason that the government govern govern- f I ment through Its attorney Intervened r and asked tl that it be not granted The government go made this request on the ground that the Intent of oC the thc enabling rl r act net was not to give to the stac for i t. t S school purposes land the chief value i of ot which consists In I ts deH deposits deposits de- de posits H sils but that that wherever lands are ale found to cont contain mineral the state tate has hus no authority to sell them I e Cd-e in III Court I A complaint has has been been filed tiled in the circuit court of the United States b by Charles J. J Bonaparte attorney genI general gen gen- en- en I era eral of the United States Stales Hyrum E. E I Booth United States attorn attorney for the tho district of Utah assi assistant tant counsel a asking that the contract made by hy the state wilh Mr Badger transferred tran b by him t t M f be le declared void J 1 J I If r 1 t t N teJ l D render ie I up Up to the Ahe state of or Utah r lall fill contracts and a agreements had hatI with the state of Utah for the purchase of oC I I 1 any of f the lands JantIs Involved fn This suit is isnow now pending I Questions of oC vital interest to the thet t state stale al' al are involved In in this case If the r 1 i courts court decided ad adversely to Mr Mi I Sweet the states state's title tl to thousands S of 4 acres of coal coat land granted to It 1 by t Y- Y the enabling act will wiH be in dispute On large areas IM of this land there are alC out s of or coal the hc exi existence of oC which was walS known at the lie time lime of oC state stat I hood at hood at the time when the states state's k title to said lands vet vested d if ir at allt all I r t rI To 10 E Precedent r I Much uch of or this land lantI Is of or the same rj character as that contracted for fOI I b by Mr I S Sweet Sect So if the courts deci decide e I. I mat II MI II sweet et c w is S not Hot entitled to a a r patent because e the title title to to to the lan land landi i lie he cO contracted for w was s. s never held b by tho the state th n other contracts en en- en I. I r n. n tele into with rith tho the state for similar lands lans will vill he be in III f danger of oC being beilig anI an an- I fhe The decision in tho the Sweet ca case c will settle these Important questions First FiLSt the character of or lands lands- which the state can h hold d under the grunt grant of or the enabling act t Second how the character of oC these I lands is to be determined In view vIe of the foregoing facts It I is vitally itally itan important to the thc state that an absolutely correct decision ion he h S 'S E fn In the Sweet ca case e. e To lo the end that such uch a decision may mar be obtained we weare weare i are of oC the opinion that the state site should take te- te tes s to assist Mr Ir Sweet I In Iii making maling his defense This defense I should be conducted under the Uw direction tIlIce lion tion of or the thc attorney y general and antI the tit state to land board I Pot For Expert c k The caw case as now in the thc circuit cir cir- cult court coUt will in ill all probability t be hc I appealed to the thc supreme court of Jf the g United States StateR before lh the fU questions In I dispute are ale finally y decided It will bt in lw tf Li to secure expert witnesses seH 41 to give hc testimony ii in the thc case casc The Thc expenses of or these witnesses will have to L be met and thir I services el cs paid for Moreover the r attorney genera jT will be un under cl the necessity of or cm- cm special coun counsel el In III the case e. 1 I hl his regular duties wIlL vilL not Hot permit him to represent the state personally I We e e therefore recommend that an appropriation of be bc made to tobe I he be used under the direction of ci the thel attorney l general In iii employing ln ex expert OX- OX I pert witnesses and special pedal coun counsel el I We e recommend t tl tILe P passage of a Sl abill lull bill which shall hall embody mhO y the Intent of or orthe V. V the foregoing recommendations 4 I Respectfully J submitted J NEPHI U. U S. S C. C J JENSEN E SE Chairman |
