The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-02
Two Suits Filed In the Federal
Court Yesterday.
BY THE UNITED STATES
ONE ACTION AGAINST THE AssY-
RIAN ASPHALT COMPANY.
They Are to Recover the Title to,Val-
liable Lands, Alleged to Be Lo-
Gated Within the Uncompahgre
Observation-Disclosures Made By
Judge Marshall In the Matter.

United States District Attorney White
more filed two suits in the federal court
yesterday in behalf of the United States
government against the ellison Asphaltum
company and one against the Assyrian
Asphalt company, to recover. the title to
certain gilSonite lands to which the de-
PENDANTS obtained title through false in
formation that they were located in the
public domain, whereas, the government
alleges, they are really situated within
the uncompahgre Ute Indian reservation
and not subject to location, and further,
the plaintiff asks that an injunction be
issued restraining the defendants in each
case from mining Silsonite on the lands
and that they be compelled to give over
to the government the title and possess
sion. Judge Marshall issued an order
yesterday requiring the defendants in
each case to appear Jan. 3, 1899 and show
why the injunction should not be issued.
The complaint in the first suit brought
by the United States against the Gibson
Asphaltum company alleges that on Jan.
5, 1882, the president of the United States
reservation for the Uncompahgre Ute In
dians, and these lands were withheld
from sale until April l, 1898:
Dalton Alice L. Gibson and W. Ii. Rem
ington pretended to enter four mineral
claims, entitled the "Tillie,' Dalton -
ellison" and Remington" On Jan. 81,
1880, the Ferron Gilsonite company, con-
sisting of A. d. Ferron, W. H. Reming-
ton, &. A. Dalton .lnd S. H. ellison, ap-
piled to the United States surveyor gen
eral of Utah for survey of the land. In
the application. E. w. Koeber. deputy
United States mineral surveyor was des-
ignated to make the survey and received
the order from the surveyor general. He
made the survey on April 10 and H. 1890,
and reported to the surveyor general,
who it is alleged without a knowledge of
the correctness of the survey and rely
ing upon the representations Of koeber.
10 col q mis- q a of
fact. Koeber established a United States
mineral monument No. on the claims.
He reported further that he had discov-
cred a monument on which was inscribed
''49 NJ c. w. b. which meant '43 miles.
corner western boundary Uncompahgre
Ute Indian reservation" and indicating
and representing that the mineral monu-
ment and located claims were west. OF the
western boundary and outside of the res
ervation. 1t is alleged this was a gross
mistake as the stone found by Koeber
monument and not on the western bound
airy, and the said claims are east of the
western boundary and within the reser-
walton.
Remington applied for patents on the
claims which were granted March II, 1892
reliance being placed on the false reports
and erroneous field notes of Koeber, who
represented that the claims were in the
public domain and not claimed by any
other persons as mining ground, whereas,
the claims were situated within the res
ervation and not subject to the disposal
of the land Office the locators being tres
pasSers.
1t is further set out that within the
boundaries of these claims is a vein of
hydro-carbon. or gilsonite, which is very
valuable and found nowhere else in the
world
The complaint sets out the act of con
gress of June I, 1897, which allots certain
agricultural lands to the Uncompahgre
Indians, and after April l, 1898, opens all
other lands for location, except such as
contain gilSonite, asphaltum, elaterite or
| served to the United States
The ellison Asphaltum company became
possessed, it alleges, by deed. of all the
| interests of the locators of said claims
| to which patents were purported to have
been given by the United States on March
II, 1892 and has removed large quantities
/ of gilsonite. from which large profits
| have been obtained, and threatens to con.
! tinue unless restrained by the court. The
amount removed is not within the knOwl
edge of the defendant. who did not dis
cover that the gilsonite was being re
moved until April 1898. The patents were
! issued under the belief that the land:
conveyed were public domain, wherea:
! they We're reserved from sale. and could
| not. be conveyed by the United States
! The plaintiff prays that the defendan
! be compelled to answer the allegation:
and render. before commission appointe.
! / ~ he court. a perfect accounting of al
| proceeds of gilsonite removed from land:
and pay over such proceeds as the cour
may adjudge equitable. The court il
| asked to grant a restraining order en-
! joining the company from entering upol
said lands and mining or removing, gil
sonite. Upon final hearing, the court il
! asked to decree the patents null and voiC
! and compel the defendant to deliver Ill
| the title to the land.
The complaint is signed by John w
Griggs, attorney general of the Unitet
States district attorney for the district o
| Utah.
Judge Marshall yesterday issued an or
der compelling the defendant to appear il
/ court Jan. 3. 1899, at 10 o'clock, and show
reason why a temporary injunction
should not be issued against it, a
prayed.
| phaltum company is similar to the abov
except as to the parties and location o
| claims. Jan. l. 1889, Helen Ferron locate
! the Helen claim, and Fred Salmon tn
| in the first case. The Ferron Gilsonit
! company succeeded to the claims whic
We're surveyed by Koeber, upon who's
March 16. 1896. to Adolphus Busch an
Q. e. Toesch of St. Louis. who became in
terested. The ellison Asphaltum compan
acquired ownership June l, 1896.
The cases against the Assyrian Asphal
company includes -as defendants G.
Culmer, H. L. A. Culmer, w. H. Culmei
as George i. Culrner & Bros.
| Ch sept. 40. 1850 n. Il. ~. Gunner na0
three pretended mining claims, the RaveI
| Blackbird and Brunette, which. the com
plant alleges, lie inside the Uncompahgr
Ute reservation, as in the previous cases
The survey was made Oct. 81, 1885, b
Charles Tappen, who made the same mis-
takes, the complaint alleges, as Koebe1
and upon Jan. II. 1898, patents were is
sued to the lands by the government
which relied upon false information as
has been discovered since that the claim
are situated within the reservation. TIL
Assyrian Asphalt company became pos
sessed of this land April %, 1898.
REGULARS From Puerto Rico.