Show COAL GOAL THIEVES UP FOR SECOND TRIAL United States Court of Appeal Appeals Finds Errors in Case OTHER WORK OF LEWIS LEWI Judge Who Recently Ruled tc U Defeat Plans of Government Gov Gov- Denver Feb PC 4 ln in In the dignified language of an opinion b by the United States Court of or Appeals it is recited that Lewis Jakoway anti and others oi 01 Durango planned to blow up tip a tunnel under tinder the tho Fort Lewis military reservation reser reser- near that city in order to prevent pre vent government surveyors and special spec spec- lal ial agents from finding out just how much coal they bad taken tal en from the coal beds heds underneath the reservation I Jakoway's s company the Utah Coal Coke company and Stubbs and Tako way are arc charged with appropriating worth of the governments government's coal oal The case was argued and the men tried ned before the United States Circuit court at Pueblo and aid the tile facts failed to o 0 reach the light Judge Lewis made rulings which practically practical took tho the points at Jt issue out of the hands of he the jury jur and although the company vas ras found guilty guilt tho the total fine was wasL wasa a L little more moro than thon United States District Attorney Cranston ranston took exception to Judge Lewiss Lewis's rulings c and carried the case caseto to o 0 the court of appeals In over every Important Im- Im point of error char charged ed b by Cranston ranston against the lower court he ho was as sustained and the higher court has as ordered a retrial l of tho the case Justices S. S Sanborn and hillips Phillips considered the tIle appeal The TheYo two vo Yo first named overruled Judge I. I nd Id Justice Phillips agreed with IHm fio o n t The Utah Coal and Coke company compan Jakoway and Stubbs and a a. number of at individuals In their employ are the de do- do The charges recited sa ay that tho the Intrusion upon government g land began back in In the eat early SOs and that they continued for ten years ears Tho The land Jond was originally taken out aut under the timber and stone act but butI I the entry was cancelled because It was found that there thero was wag coal underneath and that the tho entrants know knew of or the tho coal Tho The land Jand la Ii l located 14 miles field from adjacent Durango tl t to tu In n u tho the tho old ot Lu lJ Fort Plata nr r TowI gold I Im m tAL tt a took from under the tho reservation tons of or coal valued b by the government government gov gov- at and that they continued taking the coal out of or the property of the government go Justices of the court of ot appeals disagree disagree dis dis- agree with Judge Lewis In that he ho held I that he did not think that tho taking of ot tho the coal was Intentional that the defendants did not know the they were taking coal from government land Ho Ito Instructed the tho jury jun that the damages the government could collect was the tho difference between tho the price of ar the coal conI at the mine mouth and the cost of I mining This was WC infinitesimal an and meant practically no punishment Defendants Knew of or Crime The court recites tho the dynamiting ants plan to show that the deren defendants tally lally knew that the they were doln doing wrong Joseph er an testified that when and later a lessee officers came to tomake at last government go estimates of af and make make surveys the coal that had been taken Jakoway I said ho thought it would be cheaper which hick ran under WIder under un WI- tunnels I V t blow up tho the reservations than to der the tile military have the tho officers flail find out aut the mass of coal conI removed Other incidents are Jre cited by tile the court of or app appeals to show mat matthe the defendants well nell knew the wrong tile they were cere committing Judge Lewis instructed the tho jury to court free Stubbs and the appellate cannot that action except by hy Judge Lewis guessing that perhaps who did not Innocent thought any man m n in or direct t the actually take part The higher court thinks operations Judge Judco Lewis wrong wron In freeing Stubbs from blamo blame of or tho tue court of The vigorous opinion appeals coming just at the time when President Is said to be considering considering con con- the tho creation of or a a. new now district in lui Colorado and when Senator Guggenheim Guggenheim Guggenheim heim ha has Intro introduced a 3 bill asking forthe forthe for of of ar associate justice the tho creation an of af Colorado Is la a the tho ej district court speaking coincidence Judge Lewis Is overruled by 1 the court of appeals In di a coal case caso just at the nine ume when an another anI another an- an other ruling of or his which dl defeated all preparations of or the President PresIdent Pres Pros the elaborate I ident to punish the tho th men who are said of oC coal land landIn to have stolen vast ast tracts lii In n In IA Plata county count Is In the public S eye The Tue case against a the Utah Coal CortI and Coke company Jakoway et t al 01 will bo be l retried by ord order r of ar tile the t e superior court |