The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-08-05
LAND COMMISSIONERS
Regular Monthly Meeting of the
Board Yeste rday.
REPORT OF LAND SOLICITORS
A NUMBER OF APPLICATIONS TO
PURCHASE RECEIVED.
The Attorney General Answers
Number OF Questions Put by the
Board-COnstructio of the Fish
and Game La1y-As to Salaries.


The state board of land commission
ers held its regular monthly meeting
yesterday. The business for the past
month had accumulated to an alarm
ing extent, and the whole day was con-
sumed in Strengthening matters out.
Most of the time was devoted to dis
cussiag the best way of selecting the
lands to be taken in lieu of school lands
that were taken up prior to the sur
veys, and of some means by which
the department at Washington could
be persuaded to admit of the state of
Utah making mineral entries.
Several applica tons were received for
the purchase of university lands, accom-
panying which were the terms the pro-
posed BUYERS would be able to make
with the state.
The board passed a resolution author
izing Solicitors Rees and Ferron TO pro-
caad at once to the San Rafel valley,
and the Green river country in Emery
county, for The purpose of selecting the
best lands available for the state.
= portion oe mineral section was
selected in Salt Lake county as a test
case by Rees and ferron, and approved
by the board. The action of the interior
department relating to the selection of
mineral lands will be watched with
great interest by all classes of citizens,
as the decision will mean millions of
dollars to the state should it be favor
able
Coal and stone lands will also be
entered by the board for a test.
The timber lands about lake Pan
guitch were ordered surveyed and Sc
lectors Rees and Ferron were author
lied to attend to the work.
The question of what will be done
by the board regarding county roads
where they run through school lands
was argued at some length, County Sur
veyor Joseph appearing for Salt Lake
county.
The board is of the opinion that the
land occupied by the roads will have to
be paid for by the county they are in.
The appointing of appraisers was dis
cussed, but no appointments will be
made until the next regular meeting,
which will be held in September.
An application was received from the
Rio Grande Western railroad for pat
ent to the land occupied in the school
districts.
Selector Ferron made substantially
the following report: Since the last
meeting he had been. with a corps of
assistants, engaged in the U. S. land
office making plats of the available
lands to be taken by the state in lieu
of the school sections sold by the gen
eral government. August list he had,
accompanied by Mr.. Rees, made a Sc
lection of a mineral section as a test
case and recommended that repre-
sentative be secured at Washington to
endeavor to get the same passed upon
favorably.
A number of residents in the vicinity
of the point where the r. G. w. crosses
Green river lad written him regard
ing the superior land at that place and
recommended that the state take it up
He recommended the selection of a
section on the old Camp Floyd reser-
walton as a test case.
The balance related chiefly to the
surveying Of public lands and recon-
mandatory as to where the appropria-
ton for that purpose could best be ex-
pended.
FROM THE ATTORNEY GENERAL
Attorney-General Bishop yesterday
announced the following opinion:
Salt Lake City, August 4.
Hon. John Sharp, State Fish and
Game Warden, Salt Lake City,
Utah:
Dear Sir-Replying to your request
to be advised upon certain points in
voIving the construction of the fish
and game law passed by the last
legislature, l beg to submit the follow
ing. first: will it be an infringement
of the Utah game law fer transporta-
ton companies to have in their pos
session more than fifteen pounds OF
any fish during the season when it is
legal to catch them" Section &c Of
the laws of 1896, found on page 1913
provides 1T shall be unlawful for
any person to take kill or have in
his possession in any one day, more
than fifteen hounds of trout" I am
of opinion that this section relates to
persons who take or kill fish, and
that the inhibition runs against them
solely, and that the provisions Of the
said section do not relate to transport
tation companies. The apparent Oh
ject of the legislature was to prohibit
the taking or killing of more than
fifteen pounds by any one person in
any one day; to apply these provis-
ions to transportation companies
would be practically to prohibit them
from handling this class OF freight or
express.
Second: Twill the law prohibiting
the catching of fish less than eight
inches long be enforced against a
carrier or shipper
For the same reason as last above
set forth, I am of opinion that the
law in question does not apply to
shippers or carriers.
Third: Can a transportation CON-
pany re-ship from this state fish and
game imported from another state
during any time of the year," ! find
no prohibition against it and am
therefore of opinion that such ship
meirts may be made. Section % of the
fish and game law, provides: "It
shall be unlawful for any person or
persons. at any time to ship or cause
to be shipped, carried or transported
out of the state, any of the animals,
birds or fish or any part thereof men,
toned in this act, excepting carp,
suckers and mullets." This is the
only provision that I have been able
to find prohibiting the transportation
OUT of the state but this refers to