Show HOLDS CAREY GAREY LAND ACT IS VALID MID tA LAW Judge Lewis Dismisses Writ I of Probation Granted Van D. D Spalding I UPHOLDS STATE BOARD Commissioners Will Probably Transfer Large Tract in Millard County In sustaining th the demurrer o of the state board o of land commissioners Wednesday Judge T. T 1 D. D Lewis howls of tho the Third district t court holds the Carey Care 1 land act net valid vaUd in Utah and dismissed the writ of or prohibition granted Van I L U U. Spalding and others against the thc board to prevent present them from rom disposing of ot about acres of or land In Millard Millard Mil Mil- lard county to the Millard Land Ir- Ir Ire atlon company The suit null was brought o against William Wil Wil- liam J. J Lynch r. Thomas 0 t. William II if Thayn William D. D Canil- Canil land and Henry H. H lIa Hayes cs all aH members of ot the state land hand board It was alleged al- al leg leg-cd b by Spalding that the tho land hand b bard ard lId did not riot have a n to segregate ate this land under tho Care Carey act basing their thell contention on the first part of oC section 9 of tho time session laws of ot 1901 Th The Thi board Loard took the position however that the later provisions of this section nullified the tho first sentence and that It Itis Itis its is s obsolete This section dealt lenH with land segregated segre gated hut not entered upon by Ly April 1903 1003 Time The land In question was not mint segregated nor asked etl fur for ur until IDoS F. F M. M Lyman Jr flied filed his request for forthe the land March 9 3 1908 It was isas found to conflict with the Oasis land hand anI and I Mr oIl L Lyman Iman man changed tho time boundary This again was found to bo be in with ss-lUm another piece picco of land and the state land hand board returned the letter to Mr oil Lyman for another correction Tho The matter was arran arranged ed amicably howver how how- vcr ver and later Mr lr r. r Lyman transferred d his interests to the Millard Land Ir Im- Irrigation 11 rl alion company compan This se segregation was made under the time Care Carey act oct costing coating the purchaser 50 30 cents an nn nCI acre Van Spalding was willing to Day oay an acre hut but his proposition was turned down b by the tile board owing to tho the tact fat of lr f the earlier l. l bid for Cor the land by Ly Mr I. I Lyman mn n. n It tl Is IH not probable that an appeal will be he taken takemi hut but that this parcel of land will be bo passed to the Millard Land 8 Irrigation company at nt tho meeting meeting- of the tho ho state land board today I |