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Show QUESTION IS ONE FOR STATE Important Decision by Uta'n Officials of Land Office Favors Land Owner Salt Lake City, Jan. 4. Holding that there Is a gravo doubt as to thr Jurisdiction ot tho United States land department in attempting to dccldo upon tho validity of a land grant mado by a state, officials of tho local lo-cal United States land office yesterday yester-day devised tho selection of land mado In California some time ago is oithcr fraudulent or Illegal, and dismissed dis-missed the caso. The decision Is considered con-sidered nn important ono. Unless an appeal is mado within thirty days tho decision will bo transferred to the United States land office in Wash Ington. Complicated Case Tho caso begins with the application applica-tion of J. 11 1 Clarke on August 10, 1898 for a tract of land In California. Clarko bought the land from the state and filed a deed with the surveyor sur-veyor general of California conveying his Interest In tho land to W. N. Hush. Later Hush conveyed the land to F. A. Hyde, Shortly nftcrwnrd n United States forest reserve was established, es-tablished, embracing the land In question. ques-tion. In April, 1900, Hydo conveyed the land to tho United States and received receiv-ed a certificate entitling him to locate forty acres of other unappropriated government land. In exchange for the piece Included In tho forest reserve. Myron D. Hlgbeo' ot this state vas constituted Hyde's attorney-in-fact to so'ect and sell land In Utah undo' tho certificate. Hlgbeo selected tho southwest quarter of tho northwest quarter of section 11, township 33 south, rnngo 18 west, Salt Lake meridian, me-ridian, in Utah, and conveyed it to tbo Cedar Sheep association. Gets Benefit of Doubt On December 16, 1909, a special ngent of tho land office reported tho selection illegal. Hyde mndo a reply in the nature of a general demurrer, a plea to tho Jurisdiction ot tho United Uni-ted States land department, and a verified denial of to charges. The gist of tho charges, i ccordlng to tho decision rendered yesterday Is tho allegation that tho title to tho first tract in California was secured from tho state by fraudulent and corrupt practices. Col. E. D. R. Thompson register and M. M. Kalgn, receiver of the local land office, who rendered render-ed the decision hold that thoro Is doubt concerning tho Jurisdiction of tho United States land offico in deciding decid-ing whether tho stato claim was Illegal Ille-gal or to question its validity after a patent hnd been Issued. They, therefore dismissed tho caso and directed di-rected that tho selection of Hlgbeo for Hydo be sustained. |
