The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-08-14
Applications FOR LAND.
OPINION GIVEN OUT BY ATToR-
NEY GENERAL BISHOP.
Informs the Board That It Cannot
Reduce the Maximum Quantity of
Land Applied For to Less Than
One Hundred and Sixty Acres.

| The attorney general has advised the
state land board that it does not possess
the legal right to reduce the maximum
quantity of land applied for and pur-
chased by any citizen to less than 100
acres. The opinion. which is of interest
because of the present work of the board.
reads:
Land Commissioners, Salt Lake City,
Utah.
Gentiemen:-I have your favor of recent
date submitting the following:
Under section II of an act providing for
the acceptance by the state of Utah from
the United States of certain lands, has
this board the legal right TO fix the max
imum of land for which an applicant may
apply, TO an amount which shall be less
than 100 acreS2
This act of the legislature is an accept
ance of the provisions of what is COM
monty known as the Carey act, the pur-
pose of which was the reclamation of
desert lands. and which by rs terms lin
5ted the amount of land 10 be taken by
any one individual to not more than $50
acres.
In accepting the provisions of this, act,
the legislature was bound u be governed
by the conditions imposed, and thus could
have fixed a greater maximum than that
named in the Oil.
The legislature, however in my opin-
ion, could have fixed any quantity of land
less than the maximum prescribed, as
ual could make application for any pur-
chase.
Section II of the act referred TO, being
chapter IS of the laws of 1881, among other
things, provides:
ANY citizen or any person having de-
ciared his intention TO become a citizen
of the United States, over the age of q
years, may make application to the said
board and enter any OF said lands not
exceeding $50 acres under the regulations
of Che department of the interior and the
rules of the board.
Section of the same act in defining the
powers of the board, provides:
The selection. management and dis
HOsal of said lands shall be vested in the
state board of land commissioners, and
said board IS hereby authorized TO make
all contracts necessary to carry out the
provisions OF this act and may make such
ruIes not in conflict with this act or the
SAID act of congress, as i may deem
These are the only provisions pertinent
10 the inquiry and from these I think it
clearly appears, first That the legislature
plicatt0n 10 enter any of said lands to the
extent of $50 acres; second. that not suffi-
ctent authority is given to the board TO
reduce the maximum of lands to be so
applied for below this amount
The effect of section II, supra. is to ex-
te21 to every citizen who otherwise comes
within the rule the right to make appli-
cation 10 purchase any quantity, not eX-
In other words. it gives the citizen the
privilege of applying for $50 acres or any
quantity less Tnan thar.
You are therefore advised that, in my
opinion. the board does not possess the
legal right TO reduce the maximum quan-
tity to be applied for and purchased by
any citizen of the United States 10 less
than $50 acres: 1 have the homer to be,
A. c. BISHOP.
Attorney General.