| Show ARBON COUNTY LAND COMPANY CO indana V LOSES TO U US S IN FAMOUS COAL LAND FIGHT adreme court holds A of title violation of principles independent coal Ss coke corn com pany and others involved afi aft i A legal 11 fight ori peri perl J 1 ff f twenty tars and unit ost it the he tate state f utah a xum of ON 53 1 8 alo tl 0 In dePel acut coal ind cotto coke nid thi o 0 county land kompany a lost a six 1 io to three opinion ia to rio 8 united states supreme to tue toes ay when the decision of the federal cult court una affirmed the court id jd that the lane had loleit illegally anted to th tir state because it tati an ened oed coal while the state coliten contended led hit it it its title to the lindi itai alad ad d its it ded them to the wis w good B the tile statute of the tile united state states can tart now ng nj bait nit to the tile tiro companie mur reader their title back to tho the ove raire t the loi lorati opinion hiis ati deli delner sered cd I 1 r J otie ir a sutherland id d but bull r announcing a dissent nith with it t filing a dis nR opinion the IV gs back to tt the united 13 atte tits isidio ian itt for utah rot nr trial on iti ito f nt inq flit ht V 1 ht of Tuest lir 1 4 I ion nion the district court had AM ined thi flit hill bill as wilt W i erred b life 1 lip statute of limitation id lit a rr cased b the circuit fourt court of had te the supreme court held th tl the lie district court title to this ni ad oil d have passed to the carbon aiu company coni pany and the inde V at 1 ayd acce C ke company compan 3 and saito e of ti litah tab would have been in a ution to tilleen on three note notes tot for ire ore than half is million dal dallare lars depre I 1 eting tip tie price price nl at ii ruth the was I 1 i atiat a d from fron tie tate state TO beaus n the opinion of 0 tl ti e t repeated reference references to fraud opet ted tell h I 1 allner and the carbon wy maty land company in first attempt Z to acquire title t ti this thi land baptis evil 00 and 1903 in the opening para raph aph jn ja ic stine chiq Is tile second nit I 1 ly the acted and is i in jd 11 ll nf of the iret rot for the to flit boern nt at of fl mine me berest of r ic land utah title to which wa rt r alit kenred I 1 a frau fraul 1 perpetrated t fin te land r of the united states he lie Us thit milner ind hn his alo accia loela led iffie at exiting biting that they v r 1 quieted with twi tu character char arter of the mil which li the tile at firmed affirmed were viere non moral and did it t contain deposit deposits of U the ehni t thin n mur rp it rit to f first null suit bich eflee en led in lit a decree for the goern cut the circuit bourt affirming the court holding holdin flint the hole continued 0 on n pac 3 CARBON COUNTY IN AND IAD COMPANY LOSES TO U US S IN FAMOUS COAL LAND FIGHT supreme court hold holds acquisition of title violation of principles P coal coke corn coni pany and other others involved continued from valle L illia lattion wa a itch chanc or conspiracy pa on the part of allner tn to fraudulently obtain tho the ownership of if the land lands from ill h united Illi ted state states tiding ill the raw ease the court view the tile gro ground on winch the gov nt tiled filed it its bill in may 1021 1921 ak ask ing that a fruit trust ho be impressed in timor of the united states and that the de compa companies ales be required to eon con v v whatever hie title they their hive we from the tile to tp the united states and anil be en ell joined from mining coal LENIENT TO STATE in to distinction from iti its treatment of the milner interests the court ii Is lent rot at to in the state of utah for it say elwe we may asquine for tho the purpose purposes of the present case ease without bat that the state official officials were not COR tog nazant of the fraud perpetrated upon the united benten and that the legal atle t tie of the state is was as not affected by tho the decree in the them fint first suit int although tie the united states in an proceeding foe reding might has have e procured tho the an colment liniment of tho the certification at least within flip of limitation limitations if the te opinion then con continue albut bat it doe does not follow fat te the in the firt i nit coald ro to feire ire from the stale state the fruits of their fraud free of an e pliable to malo male restitution to the g vernm or that the united statis could not avail itself of all hit thit was adjudged in iti its favor I 1 IT r the decree in hi firt first suit wn even if it its original caw cae 0 f action against the state were barred by the of burchi 1 ie mil ncr net ind his hi acquire acquired an lintal qin quit tal abl interest in the land their interest ft vas a transferred to the carbon bounty lani lain I 1 coni com piny created and con ton trolled b them for that purpose ai As a part of the fraudulent conil pime cj con deane I 1 in the first mitt suit tho the decree in hat that suit is tint thit the company was wa 1 i I party to the fraudulent a e huic or to acquire titio title to the public land lands by using tho the state and he its officials ciali as a agencies to procure the tra nitter U nill TRUE OWNER th decree not only established that the united state states hii the tree true and hill full owner of the land lud to the delusion exclusion of the defendant defendants but en ell them from setting up or making wf ally el chira alm ilm to the linds this an I 1 the finues of fact there resolved in favor of e the united states and here lead to the conclusion that nono none of the defendants nor any claiming under thin them with notice conid could by aar legal dorlee bluever ingenious inge mou acquire title from the tile tate state free fra from it hint of th ill ir it fraud the uit suit ie Is in lit the f a slip plem elemental bill in ill of th forme decree ind i lit an ml d 1 ef of securing the benefit of the fiert tree tihan hen nt event events hai hao made some a further relief in order that the pla 1 nay may edjor the fall nil fruits of the victor actor in tho be first 1 uit suit po fo here the obligation hiring it I 1 itter tion in the brud which was eq e tallo hed in the first full hn hii confirmed fon ton firmed bv br the derree ani is to aery interest by betl tiong under the which the tte state or which mar be enloid bv them As the fruit of their fraud even oren though ire c Isit imme time for the moment that the title acquired red by them could not have teen challenged while in the band hands of the mite RIGHTS transferred it lining bean that the government 18 i the truo owner of right rights the land compana ac at quire laird I 1 under the earlier contract with tbt the state ate must b be deemed title tl T to haro have transferred those rl right ats ta to the government or to have deter detor mined that the government i Is equitably entitle titled i to hie them go so transferred if it the former fe irmer the government mav n wrt left the right rights under tinder the the 1 nl its a holder of lizal title as it might against any ally other purchaser of aft laid la jd from the tae late with notice if the latter the 11 c mcany could not acquire the bud 1 even olen through a new and inde fell lent without n surrender of loth fh right as if it bid under the earlier 1611 tracts and anil it could not make the nier effective effect ite against the united ats aam atm the lite real owner without its it an all seat et the flip late state stood in the post on of it a purchaser for value without notice to time these right the r la is ini tab entzel ent lUel and bence ma at t it t diction blaim the benefit of their prowl in tho the hands of the land coin ranj if the title n quiren well ll blough Ough k new and independent indech adent con et an bill cun though it wre ire not doi 1 a 4 krut dienst proceed proceeds of the earl lw nt the relation of the tile land ta ganv and iti its equitable equi tible obligation w the gm government and anil its it duty under tinder the decree in lit the first 1 suit are 11 ll to breeh the acquisition of any inter interest in the land ia in v ato lation ton of the decree free of that obal ration L ad 14 duty ostian isrl OS ax or wt 0 W beed need not lot I 1 quire now whether re e nay olay be defenses defens ei to the cause ue of tn ill the hill bill 14 I 1 is I 1 e elough for I 1 result pu pur riot pot that despite un skillet it sets out fads facts Puff ilent on n a 4 motion to illint to cuppert tin fill nil rill f pr lit lye hycl lle ferring to he independent coal I cuke coke compter corapi comp nv tur the court sais sas whatever UNit mer interest it acquired it took subject sub jett tn to the equilio of th the united states anil and if it from rout the land ii also to all of the tile against that tom kompany pany nv th purchase parc haic wa was bona fie ilaoa fide purchase 14 1 an affirmative defense the statute of limitations relied on pro provided provi ides dei that suite suits bv b tho the united states to vacate and annul any patent shall only be brought within six years after atter the dato date of the tile lunnie of nuch such patent A point much argued here was whether a of public liti bile lands ix is a patel within tho meaning f the tile abat ute lite hut but that is a question which we ire need not decide statute statutes of limiti limitation tion the united states arc are to lo lie 10 narrowly constructed and ve me think it P plain lain that the present suit atilt founded on eq grounds to a onvey ince of title derived from front a certifies tion b the government Is not a unit stilt to cineel the certification LEAVE TO PERFECT BILL 1 bif hold tint thit the acquisition of the title of the lands by bir the land company a as net get out la the bill wag iras in I 1 violation lo lation of equitable jle and of the de tie cne ene enjoining the in the first duit suit from getting up or making any claim to the premises and that a proper ciso eiso was stated for tho the impo s ulon on both petitioner petitioners of a construe ll 11 f p with respect to the he lands ae ne quiren by them ae tho the bill ii not well drifted respondent spon dent haic base leave lease to perfect it this will promote an orderly ind and intelligent disposition of the ease case 11 harve harse it 11 cluff attorney general announced tuel iv th bit thit it if the supreme court has merely the ruling of the court of appeals appe alit winch which 01 r acl ell the tile decision of judge tillman D johnson sustaining usta ining the demurrer of the lie coal and land companies ai pro babi will vill be filed ard the tile case tried on its xo no answer fa lai been filed yet the care going te to tho the higher court on a point of lair the nutter inched in his this cape date hick to or 1904 when the filner milner interest interests applied to the elate state land boad for or the purchase of the land in question this was as nip ported by an affidavit to the he effect that the land was not of known mineral value and the attorney at torno general declares de clarca that appearance appear ineck this affidavit as there wire to tf coal ou on the surface SOLD AT SILO AN ACRE upon the filing of the application and affidavit affidi vit the land board selected thi ill tract of land in question and in turn made mado to the depart went ment of the interior for the lani laal in ill due dup time the department of the in tenor certified the I 1 ind to the state into I 1 and the dt ite then sold it to the milner interests for 1 10 an acre tri 1907 the solicitor general from department of justice started arted it IP ir P eti gation of the use had the land b a if ceolo geologist st and it ava to be he mineral and land the fd era oral government then brought ration for the terpos of 1 having baling the stated contract with the allou it tirma tir Mt de dared clarea null and void vold the state as not made a party to th suit and mr duff cluff declared that fill th solicitor gemeril aid said no action would be liken tillen against the state a as it was merely wished to have base the con tract aith ith the ho private interests rests can tin caled and not to disturb ahm states title As A result of th thi action brought br the department of the interior Inter lr it ita with the 31 iner interest interests was declared null and stid the matter then rested until 1920 according to mr aluf when during dul 1119 the administration of the late governor calmon 13 the lind was as wida told again the milner Afi liler for 1001 an acre the stat state then teok took a nort gage back fran the milner the carbon count land company thi romp in fitta old sold part of the land to the independent dependent Til coil told coke eom com pany and anil that if Is how this co compare nair r wae was dhawn into the cae enie U S 8 BRINGS AMOY ru 1924 the federal brought action seeking a court decree declaring the land was being held b the land and coil companion compan iett in truit for the gilvil til vil government the bdate wn bot ine included hided in this suit it wis extended cn ea tendel tended b the and unit the at torne general that the d p of the interior wae was by the stat ute uto of limitations limiti tiong froia from dainta ning ring thil this as that statute declares de clates bit hsuch such action must be brought in tren acan demurrer forth thi contell tin thil wai was fild by the defendant defendants and judge johnsoa sustained stained ilu the demurrer but hi his decision decimo ii va mas d hy y tho the court of 11 nil stated above and angeal was made to the united state states supreme court mr cluff vitaut bilk bik to washington se edural t ral I 1 luek ago aten the ra eai raa A haq arguel argued 11 afore the lite supreme court ard filed 1 1 brief intel is a f r friend of the court but did not hot participate in th ar arlu piment ment the tho question no arne arises as to whether fill bi land in question come comes under tinder the lones bill passed by the last aloi Tes 1101 of congress con gres it Is contended b ame me that bader the provisions of thai that act set land held in reservation striation re or in litigation 11 in the united states courte ie 14 exempt from th the provision provisions of the act but that when the reservation or the litigation awl ceases to exist the land im m meI mediately lately to the state if that thit Is the cine cise it il i pointed the laix involved in the cae cape bv bl the I 1 supreme fourt court tuesday woud would revert to the st state site of utah as soon ai is the lirisa INA I 1 is faded |
