Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-08-04
TO THE LAND BOARD
As 10 rnE RIGHTS or OCCUPANTS.
A Vif' Nav rurchiu On Hurdtd aud
Sky Arrs-Ibr u a.d Cen
Settle Disputes.

SETTLE Disputes.
Attorney General Bishop today rem.
dersi tho following opinion 20 the
Stale board OF land commifnloncr,
which BE- iu session lhls afternoons
/ have before M series u quss.
tons pf0p0uudci by yOut honorable
board upon which you fUqurai auyItt;
QIestiln l-"Dlus "a person have
| tyufohCt night 20 rurcuaau who was
an occupant " amy oi the following
on January lsI, 1894. % Saline nutr,
/ % Sections and 82 school lands, %
ulvofumunt aufvryo lands, % Gov.
eminent unsutvoyeI lNnds, iul Univot.
city lhudt."
setion 30 NJ chapter 80 OF tho laws
OF 1885 provides "aciual and b1unfdo
settlers or occupants vino have Ion.
| proved state lands and who were, on
January lot, 1894, actual soltiois Or
occupants thereon, fhall have prefer.
unCo rgut 10 tut,nuss land whufu0n
such settlement has been maze or oi
which tuCh occupancy was haI, not
exceeding one hundred AMI skis actle
/ for Gum not lees than tho Appraised
.
! cTal pt yla0a ITescribirg ccfthin limita-
/ lions up1D TITO above; one, that this
preference fight shall not be- given n
tho parry owns more than one hundred
aud siNty acros Of lana; another that
| paftirh who settled upon school lands
I granted 90 the Slate prior 90 the cxtun.
I zion VI tho governmental surveys, OF
those holding possession thereof by
purchase from tho original settlers or
[ their Estiguu,ctc., shall BE- permitted 90
/ purchase tuch lands ~ price not lr-s
than twUniy.nvu pUr cent " its AZ.
/ praised value, uut Ia 10 ease the price
/ 10 DO lees than Que dollar aud twenty.
/ I've cents per acre. From the above it
/ would appear that this preferences right
would attach 90 all Stats lhnds, which
We Interpret 70 mean III lands RrAntrl
10 the Stale uuIrr provisions o. %,
| Hnt 90 tBr ENABLING act nui ucucltyl
| lu 8 o.l5n I, Article 20 gi tho Consiitu.
/ uou.
Tho fHt question % be- determined
| in relation 90 those various Ciafafa OF
| iuuls Do, arc they hi.iu LANDS within
] tho meaning OF HaiJ section 10 supra.
/ We hnd ~ reference to tHn Enabling
/ Act, tnat Sections ., 10, 81 aud 30 Ia
/ every tlwnrhin Uf this State are
/ granite 10 the said Slate 'or the
| suppugt OF common schools, this Ian.
| guu{e points out definitely the
/ Iuuda granted, and 20 Tor a. ~ pro.
/ vidluuH utc concerned, nothing intthuF
in required 10 be- done lO render these
/ state inUdf; these classes % lauda with.
/ out question would COMO within the
purviow Of tho statute, giving 70 pcf.
sons whom you suggest, preference
| f,ght 10 purchase; All other glasses Of
land mentioned in your question,
when nuuliy selected anu scl apart 70
tho State by the Interior department
would come within ihs Same rule, aud
Iou1us who were sexual aud nona filu
fottlofso or occupants on January lot,
1904, having improved anid lauIs,
would be- entitled 70 a preference light
% purchase tue same, under the c0nll.
lions prescribed In sald section.
Question 2-'Duus maze wife have
a preference Digit % purchase one hun.
dtcd aud Sixty acres q land iu add.
ton 10 her husbands righR"
The proper answer 20 this question
would depend largely ON tho facts Ia
each case, aud j therefore lsugpost tina!
| II would bu quite unsatisfactory 90 at.
tenn 20 answer without knowing all
/
j which an uutDi0n could uo prudiratpd.
/ Question 3--"Can shs UurChasu 100
hrtrf, tn abolition TO her huthnuJ'a
pufcnae ui 100 acres OF laud lat
auc,ionH"
In Or much o. the law ptovldus TIA.
the board shall Offer nj public auction,
aud coll 10 the highest bidder, am OF
the opinion that no restriction Ia laid
] upon anyone in uCClmiag q purchaser
at ouch sale, except that not
| moro than 100 acres shall b.
| h1li 90 any uuu individual, CONE
! pauy OF corporation. Uudut cur lew
tho wife does not loco her Identity, auu
| % she hnh money 10 pay fUr ID she b. n8
much entitled g. buy one hundred anu
sixty aCtrs Of tho public laul DE- IL utr|
huauhudi under the law che 30 entitled
10 own uuu hold property, eel aratr and
| apart from her husbhuu, and may sue
aud bu sued and dCi0nd for uof own
| tlgni, Independently VI hor husband,
and her rights, IN 90 iiFaB her separate
/ property % concerned, aye not IN any
sense dependent upun the fact that shr
be- "a married wumsu.
| q IvstiOn l-"DIts the state board
% nul cummif6 HuUTB determine de.
pulcl nn 90 who shIl nave the pro'ur.
oucu right 70 purchase state lauds2n
am " The opinion tuAt this gups.
ton should Do answered ia the lrllm.
alive, ulhurWlgo the board would BIO
/ plwcrlu.s 90 carry cot tue provisions OF
tue law,
Qltti9u 5.-'Cau O. person puruhWo
less than "a iUgul subdivision Oi land
under preference TlEhg"
tn anbwgf g. this question 1 am 0i
o lu,9u ius. o. luraHu wuJ 10 entitled
400 u preference r.rt may puTuAatu