Show ATTORNEY GENERAL L FILES FLES SUITS UT AU OAl COMPANIES Action Is Brought to Annul Title Tite to Lands Said to Have Been Fraudulently Obtained by Utah Fuel Company METHODS OF STATE LAND BOARD CRITICISED Commissioner of the Land Office Also Censured for for Accept Accept Accepting ing Affidavits Clearly Showing No Personal 1 Investigation H Had ad Been Made The hC state late o of Utah Ulah and the state stale board of land commissioners anti and me Le methods ls employed in disposing of oC the government lands granted to lo the state on un Its Is a admission to the lie union arc are roun roundly lly scored corel h by W. W Yo II H. II Moody in fn he complAints filed b by the attorney attorney- general In behalf of the lie government against ag the lie Pleasant Valley Coal pan pany and the Utah Ulah Fuel luel company In Inthe Inthe the lie Federal court yesterday The he action action ac ac- ac- ac tion taken by ly the general attorney I is isto to In annul the lie titles hel held l by b the he c cal al companies to 10 lan lands ls in iii Carbon count county to the lie extent of or nearly acres which It Il Is held were obtained the he United States Siales government through the state of Utah Ulah by I fraudulent One reason given gl en for Co this Is that the lie dignity and amid ant position of the state stae blac of or Utah was wa such that the officials ls an and l in In 11 the tho Land department o overlooked ell the lie weakness s of the form I of ar affidavit made b by the state stale land bon board 1 1 In that It I showed that no personal per investigation m of or the laud land had been made b by the members of t the e board or ot their representatives Asks Alks Restoration of I ands The rue petition petton asks aks the court to lo re restore r- r ri- ri store to the government the lands Crau fraudulently obtained l and also hoi hol as JS that whatever coal or minerals ha have been obtained by ly tho he defendant companies companies com com- shall be 10 paid for tor to the govern ment mont Thu Tho complaint also a asks ks that the Morton Morion Trust company of Now York which holds holts a u mortgage on the property of or ito tho Va Vay y Coal c company as cl II for or a. a abond abond h t i. i I party L' L YO o olt L lt b bo bg t UJ fl l the hJo court q lJ According to the lie complaint which Is signed by General Attorney V. IV II H. Moody and anti hiram E B. Booth Unite States district attorney the Pleas n Va Vale Volley I icy Coal company conspired wi cli several individuals most of them em em- of the company to ta bu buy the 1 lands land In question queston making oath that thai they lie were elc n agricultural and not ot ral r- r al ah lands hands and amid then after acquiring tie to the lands kinds turn th them m over to ii cal cual cual company compan for Cor a r consid 1 r alion atlon GO Gift Gir to State Stale The he complaint reviews the action of or the United States State government In al- al lolling to th the tho stale state government more mor than lali acres cres of land In th the public domain In Utah to be besold sold for for- the purpose of providing funds for schools asylums and ant other slate lato in lii- lii This his lau land was given gln to tolie the lie state stale at the time of oC Its Is n admission to the Union and the lie act which do donated donated do- do nate the lie land ant expressly sIY stated that the million milon acres were ter to be grazing and agricultural lands land and not miot era cral lands The he complaint r says S 'S that that on Jan 1 1902 the tho as a n part of or the lie public domain lands rough rough and broken and absolutely unfit lot foi agricultural purposes and of only slight value if an any for grazing but butI I known as coal lands alu valued 1 at upwards upwards up up- wards of or The only means by uy which such land could legal legally be procured was wo-s l by compliance with wih an act of oC congress of or March 3 3 1873 which said any citizen or orA other person per pe son who had declared his Intention of or becoming a n citizen could coul file me oh 01 any quantity of land In the domain demain do 10 de- de main not over ICO acres to a n single In individual l ual or 3 0 acres to to a a cpm cpm- pany the lie price to be 11 paid the government govern go ment for such land to be ue 15 an acre where situated more than 15 10 miles mies from any completed mI railroad and 20 21 O where nearer a railroad 1 Outline Plans Adopted After quoting the lie conditions by which coal lands might be obtained from the government which the he complaint com coin plaint said si the defendants knew the thin complaint outlines the lie pl plan n adopted by hy the lie coal company compan lo to procure the theland theland land through the lie state slate land board It I says SC'S the he company induced men and women who It II Is apparent had n no intention of oC occupying the land for Cor agricultural ug purposes to 10 agree aree to pay the state stale 10 an acre aCIe for known false affidavits coal lands Through falo the he land was represented to the land lan commissioners as agricultural land and amI In turn tho the commissioners represented rep- rep resented res II it I as such lo to the lie government go and COd claimed i II i under tinder the lie act of congress congress con con- gress which granted the lie state stale of Utah Llah acres at the thc timo of ofIs its Is a admission lo to the lie Union n gardIng gard- gard Ing the mu made e by ho hand board omd to the he government the complaint complaint com corn plaint says sas tho thu statement that the theland theland land was ivas wa unoccupied and ul printed was true rue but otherwise e the he representations were wre false Cale On Omi raise Representations Attention Is called to 10 the form of oC affidavit made by ly the secretary an and president of the lie land board In which lie they r say they lie had no knowle knowledge ge that hat the tho land hind was u agricultural land but bul U it i Is also set forth lh fo that those these were ne ma made lc solely on the Incorrect representations rep- rep made b by the Iho applicants for the land lane It I Is 18 also shown that whatever action some people took tool was to tu give tho hue state stale land Inn l board some foundation of fact on which to base their direct positive and ami unequivocal assertions on oath The law Is quoted stating that when it Is found that land granted grant 1 by the government to tim the state is not us rep represented c resented l it I shall hal revert to the IOV- IOV gov- gov eminent by the action acton of oC the tho land commissioner In withholding a certificate cal cute cate hut ul lie tho complaint sets sels forth the he then hen commissioner wilfully or foolishly fool ool- Ish did Ill endorse the applications oC of the state stale In enumerating the alleged fraudulent fraudulent I lent nt transactions ma made lc by the coal cli company In obtaining coal conI lands through connivance with individuals tho he namo name of Robert Hobert Forrester geologIst 1st for the company is mOt most prominently lientI mentioned Forrester obtained six Nix pieces of land In Ill Carbon count county which he turned over to 10 the company compan soon noon after buying them from time the state stale each transactions b being for 1 and other valuable considerations These tracts tract ranged in size front from 40 to lo acres each May lIay Kimball Kimbal obtained three tracts of 1240 acres in all which were vere turned over o er to th thou the company compan In a a similar manner Willlam Will Will- Willlam YI- YI lam O. O Williams I lams obtained one tract of o and ant one of ot 9 acres Edwin Ed EtI- win L. L Carpenter William II IL Meyers Chris K Jensen John B B. Charles Mostyn Owen Onen an and John Forrester Forrester Forrester For For- rester also obtained tracts ranging from 40 0 to lo 18 1 S 17 acres each The rue charges ma made le In the complaint A f against the Utah Fuel company and q t the Iho names of the individuals who conspired conspired con con- i with the he company are practically cally the same mc as those in the complaint com corn I plaint n against the tho 1 Pleasant Valley Y YI wI w Valey I company compan V L I Service c oh on Manager ana er Williams I f. f c j I Suits also med flIed were alo yesterday by by I Attorney General Mood Moody In which the I Utah Fuel company and the ho Pleasant Pleasnt I Valley Coal Coat company ar arc arC j m teil I ot or the tho u fraudulent Jt I purchase of or coal l lands the tUn tiling U upon Il I I h l the thoi transfer or A In L of lh s 's sOV OV lj tf Hll G Ga s. of tJ semo years years' en ago aJo absorbed tho the Peasant Valley Val Val- icy ley C Coal nl company compan Is named as agent of defendant company compau in fn each of or the lope four suits SUlM and amid ant the subpoenas Jn In th the four foul cases case were served tI upon him yesterday yesterday yes yes- afternoon at his f ome nie by b Un United States 8 Deputy Marsha Howard F S. S Page Pago F- F i tand and William I ia 11 Colton CoHon pre l' l t general enl Ial manager tl o of the lie Pleasant t Val Valley h hey ley Coal Coa com company an J ot w J Ir r tIle Uw company's geologist and Wr ta att William II I. I Bird former Cornier attorn- attorn for forthe the lie arc are named as j ors to defraud the thc Government o in Iho tho I f complaint filed against tho the Pleasant Valley aie Coal company compau Attorney Gen Attorney lorne G Gen General n r eral eril er Moody being th o V nt f- f fO O C i A to tho complaint r t t e r- r United 5 was was- wason on h January the thet lie owner 0 01 1 1 of certain t YI of J. J hold hold- holdin in Ga bo COU county which wor vacant cant UD undeserved l una Jr ouri i coal ont JaniK subject to 10 the land Office of Ot tho tho United d States Slates at Snit Salt at Cl Y On Ol Oh ov abou about tIle the date dale am ama a acc to Iho ike J r n F CoHon Colton Robert crt F u e and tf Tr fl fiM d- d nl d and ana 1 T for s s me and td d device W I e. e and andr Illegally c n- n niL A l b and l T t t iL c r- r Page I J I ht L i C ATTORNEY GENERAL FILES SUITS AGAINST COAL COMPANIE Continued front from PI Pago C One gether for tor the purpose of or procuring patents and anti titles from complainant under the act of or congress congre of ot March 3 3 to certain tracts of or land for tor the thic ben benefit tl and In 1 behalf halt of or said hl defendant defend ant company and for the purpose of ol ofen en said Mid corporation to fraudulently Int obtain title tile to coal lands lants In excess ex cx- ce CPM cess of the amount authorized b by law Agree Acree l to tu Comry COln I Lund The Tue complaint u further avers that the scheme hem and device of It f defendants was effected by hiring various arlous perSons persons per per- sons of or both sexes to enter saId ld lands under sold act and who In consideration consider consider- atlon aton of or being pal paid a a certain amount and all 01 their expenses R In connection connection con con- necton with wih the entry of or said Id lands lands did agree with wih said Mill conspirators to at once convey to said det defendant corporation corporation corpor corpor- aton th the laud land which they should en enter enter en- en nt n- n I t ter r and unc to which the they should receive title tile from Crom complainant salt said conspirators conspirators ator agreeing to tu furnish the tw amount required by law to purchase these theRo On January Januar 3 23 1903 said conspirators conspirators or some SOllie of oC them wrote or caused tc te be he written and auth prepared an affidavit affidavit affi affi- davit to the effect that no portion porton of ot the N. N W. W 1 I-I I- I I of the Live N. N N W. W 1 4 1 section 31 31 T. T 1 13 S. S R 7 T B. B containing W 1022 acres was wa In time the tIe JR possession of an any oth other party part that John A. A William lams of ot citizen of the was 21 years ear age ago a ot United States had hail viewer never held or purchased pur ur- ur chased as an Individual or 01 as a member mem ber lr o of any a association lands hands under the laws of the United States was able It to testify that lands In question contained contained con coil tamed large deposits of or coal and was chiefly valuable said Ald affidavit land lanil was flied filed In ill the Live United States office at al c Salt Sal Lake City by hy th Live tho said sid conspirators or UI sonic some on one or more of ot them and at ot the Live same un time there thore was puid paid to the receiver 40 or 20 O an acre Clark Charles Io Most n t n O On n Ii Similar char charges cs are made In the complaint against Colon Colton Forrester Forrester For For- rester and avid Bird In connection with wih the tho purchase e of coal minis lauds by James PI PItman PIt PIt- man mali who filed Hed on 10 acres reH In Carbon arbo I county paid SuI to lo the inc receiver U or 01 orthe I the he land ollice olce The name o of Charles Mostyn n Owen is added to the other othel Lb three ree In tho thin complaints regarding the obtaining of patents to coal loal lands by Fred W. W Sinclair Henrietta Henrieta Kinsey Elizabeth Y Mackintosh acl h antI and Augusta M. M 1 Wahlen WalIen Fred W. W Sinclair filed on 40 0 acres In Carbon count county paid to the re receiver receiver re- re celver of the land o 1 Ct an and amid later hater re received we- we web a patent to his claim Henrietta Henrieta Kinsey filed Hed on SO acres paying 1000 1600 herder Elizabeth Y V Mackintosh on SO acres acres paying Augusta Augusta Au Au- Augusta gusta M. M Walden on 1 ICO GO acres paying Patents on 01 all al these claims were vere later Issued by the United States Go Government nt It I Is further fUther alleged in th Live tho complaint that not nol only were all al the papers aper In Inthe Inthe the case prepared by the alleged conspirators con con- but hut that all al of the lie expenses of oC the said Itaki sid or were paid b by them or one of them that each of or the tho said was induced to mal make entries for tho the bone bone- fit ft or of said def defendant company compan In consideration con con- I ton of ot their being paid 50 60 each and that hint all al of them within a period of thirteen days duys lurs after the transaction conveyed b by quit-claim quit deed their ther title tte to the property to the defendant corn company compan Purchase Excess s Coal Coni It H I Is further contended by complainant complainant com coin In the case that prior to the time of the purchase of or lands hands referred to in c complaint Henry Wood an on- on oncel cel and stockholder of s said Id hl defendant com company pan and other stockholders of ot the comp n whose names are arc unknown unknown un un- Un- Un known had purchased coal lands in excess cx- cx ex ex- cess ces of the number of oC acres that lint defendant defendant de do- corporation could under the law enter r purchase from flom com corn The ho complaint also asks that the Morton Trust com company pan of New NewYork NewYork NewYork York which holds hohls a mortgage on the property of oC defendant company as se security SQ- SQ curi for a bond Issue be he made malle a parl party party par par- l ty to the suit sui Practically the same charges as those thoe made In the foregoing complaint arc set el forth In the complaint tIled filed Hed by hy Attorney General Mood Moody against t the tho Utah Fuel company a corporation organized and ami existing under the LIve laws of or New JerMe Jersey The rho alleged conspirators named Inthis in inthis this action acton are Henry G. G Williams general generl gen gen- oral eral erl manager of defendant corpora corpora- ton Lion tion Robert Hobert Forrester the thai geologist William llam II I. I Birth Bird attorney and Ho Royal al C. C Pea Peabody bOd mm an n of the c com m- m pan puny pany These servants of oC defendant corpora tion arc alleged to have obtained IG I acres each lach for 01 the Live Utah Fuel compan |