Show SMOOT BILL SOLUTION TO LAND QUESTION t. t r Measure Seeks to Clarify And Settle Titles to Grants Made Inde In Utah h Ii v i Typical Case in Carbon 1 f r Co County un t. t r President R. R A. A Davis of the state land board was In Washington in inthe inthe the Interest of clearing titles to toI I lands In Utah which are claimed by bythe bythe the state under the enabling act As a result of this visit Senator Smoot has introduced a bill in the Senate which if it passes congress will settle the question which has agitated the land board and applicants cants for the purchase of lands whose whoso applications have been held up for several years a and d the land laud applied for returned to the govern govern- ment Provisions of Bill nill The bi bill introduced in the senate is as ns follows That when a grant of oC lands in place has hereto heretofore Core been made or ormay ormay ormay may be hereafter made to any state in aid of public schools the governor govern govern- or of any such state may cause to tobe tobe tobe be listed with the secretary of the interior any sections or parts of sec sec- sections Lions so granted and it shall be the V duty of the secretary of oC the Interior to examine such lists and If the lands are found to be of the character charac charac- ter so granted and free from valid Adverse claim initiated prior to the survey of the township in which they are situated to certify the tile same to the state entitled hereto in further assurance of title Provided that no such list shall be certified until the state shall have published for a period of thirty days in a newspaper newspaper of general clra clr- clr f I. I ILL IJ 1 a wf the land a notice of the filing th I slid and that a as as to lands lands lands' hereAfter hereafter herer here- here ri r After ft r surveyed such publication 1 shall f no not be made until after th the expiration tIon of three months from the filing flUng of f the plat of inthe in inthe 1 township survey the th the district land office Provided further that nothing herein contained shall be DC construed as to to P postpone the time of attachment attachment attach attach- m ment nt of the grant of such lands under under un un- r der existing existing- g Jaw While this this bIH bili pertains in particular particular particular lar to sections 2 2 16 32 and 36 In Ine e ciery ery township of th the state which h hufe tine ufe state received under the grant of lands under the enabling act act it t Is said that it will apply to to all aU lands granted the state The usual rule co conceded ceded b by all aU lawyers is that a a grant from the t-he United States acts as an absolute transfer but in the case of the State I of Utah its grant has been rather than a benefit to the school by the I ruling of the general land office a cloud with the result that applicants for any of oC these lands cannot he be as assured assured as- as that the the title derived from the state cannot be attacked by he the government gov tov- oV- oV This is the view taKen byland byland by byland land officials Land officials cite as n a typical case that of section 36 township p 3 north range 6 east near Coalville When the grant to this particular section was made it was found that the north quarter the north half haH of the southeast quarter and the north nonh half of the northwest quarter had been acquired from the United ates The remainder of the sec sec- n u therefore became state school la laud d and aud was sold by the state to Joseph H. H Boyer Afterwards the United States al allowed allowed al al- lowed an entry on the lands purchased purchased purchased pur pur- chased by Boyer foyer from the state and aud held that the grant did not convey these particular lands In that they were known coal lands at the time when the title of the state would at at- at tach The state purchaser being I without recourse simply had to acI accept accept accept ac ac- ac- ac a refund of the money paid the state and the certificate was canceled canceled can can- this year after several years of waiting The lands reverted to the United States under the ruling of the general land office The purpose of this bill Is to clarify clan clari fy and to settle once and for roll all the uncertainty of school lands in tho the state |