Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-08-14
SELLING OF STATE LANDS,
Number Of Acres that May 30 Sold
10 Each Person.
BoRri Cannot Restrict the Amount
Hollow 100 Aer's-attornry
Generals Opinion.

Under the Carey act the State has
the power to set aside vast tracts OF
arid land and sell them to settlers I'M
der certain conditions, Tor the purpose
OF building canals anu reservoirs. The
question has arisen rs 10 whether the
BOARD Of land commissioners can
restrict the amount purchased by any
one man TO less than 100 acres. Al
Iorney General b snop holds that 1t
has no power to do go. Here is
his opinions:
l havo your favor OF recent date SUBJ
hitting he following;
Under section II ofan 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
maximum otland for which an applicant
may apply, to an amount which shall be
less than 100 acros?r
This act Of the Legislature is In accept
auce of The provisions of what is COM
monty known as the Carey act, tho
purpose Of which was the reclamation Of
desert land, and which, by its terms linn
lied tho amount OF land 10 be taken by
any one individual to not more than 100
acres.
In accepting the provisions OF this act,
the Legislature was bound to be gov
erned by the conditions imposed, and
thus could not have fixed a greater max
imum than that named in the bill
The Legislature, however, in my opin-
ion, could have fixed any quantity Of
land less than he maximum prescribed,
as the maximum amount which any in
dividual could make application for and
purchase.
Section / OF the act above referred to,
being chapter As of The Laws OF 1897,
among other things provides:
ANY citizen or any person having de-
clared his intention to become citizen
OF the United States, over the age OF 2l
years, may make application to the said
board and enter any OF said lands not eX-
ceeding 1860 acres, under he regulations
rules OF the board"
POWERS OF THE BOARD.
Seclionl2 Of the same &C in defining the
p overs Of the board, pTescribes:
"Ihe selection, management and dis
posal 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 rules, not in conflict with this act
or the said act OF Congress, AS 1t may
deem best"
These are the only provisions pertinent
to the inquiry, and from these think It
clearly appears, first: That the Legis-
lature intended that any person might
make application to enter any OF said
ands TO the extent OF 100 acres; second,
that not sufficient authority is given to
the board to educe the maximum OF lands
to be applied for below this amount.
The effect OF section IL, supra, il to OK
tend to every citizen who otherwise
comes within the rule, the right to make
application TO purchase any quaulity not
exceeding 100 acres.
In other words, 1t gives tho citizen the
privilege of applying for 100 acres or any
quantity less Than that.
You are therefore advised that. in my
opinion, the board does not possess the
legal right to reduce the maximum guam.
tity TO be applied for and purchased by
any citizen OF the United states to less
than 100 acres.