The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-11-14
CASE INVOLVING
/ SIGHT MILLIONS
Land Office Settles the Utah
GuanO Contest.
DECIDES THAT GUANO
IS A PLACER MINE
Will Result In Establishment of Big
Industry.
Deposits On the Islands of Great
Salt Lake Are Said to Be Worth
Nearly Eight Million Dollars
Mr.. Lambourne's Attempt to Es-
tablish a Homestead Entry-De-
posits to Be Extensively Worked
and Product Marketed.

After four years of litigation and
waiting, the right of the Utah Guanc
company to the possession of Gunni-
SON island, in the Great Salt lake, has
been finally settled, and through the de-
cision rendered by the register and re-
/ ceiver of the local land office yester-
day afternoon, in the case of Alfred
Lambourne. interviewer, vs. Albert
Richter ct al, the foundation for tbs
esta blisnment of another great indus
try in Utah was placed on a solid base.
On the island named are deposits OF
guano estimated at over 100000 tons,
and on the two small islands in the
same vlcinity-Hat ard DaviS-owned
py the same company, there are about
$4,000 tons more. AS the raw product
is worth from SIS to $50 per ton, or so
at low average, it will be seen that
the great deposits. valued at S7,S10,000,
were worth fighting for.
Now that the case has been settled,
Albert Richter, who fought it through,
snys that one of two things will epeedi-
iy happen: The property will be either
sold or vigorously worked, and in any
event, plant to convert the deposit
into commercial form and the employ
ment of a small army of men will soon
be among the realities.
Guano Is a Mineral.
The great point brought out in the
struggle and definitely settled by the
decision rendered is the fact that guano
Is mineral and as such comes within
the jurisdiction of the laws governing
mineral applications. The whole fight
has hinged on that one point, and its
determination has established a prece
dent which may be quoted in a hun
dred years from now.
AS the different cases and questions
involved have been so long contested,
and as the public has never had but a
FAINT notion of what they were. a short
review OF the cases will be found inter
esting. In 1S94-5 Albert Richter and
others filed placer mining locations on
the guano deposits of GunniSon, Hat
and Davis islands. and on the two lat
ter have held possession ever since. In
1898, however, Loren Cummings made
a desert land entry covering the claims
Of Richter ct al. on Gunnison island,
and ejectment proceedings were
promptly brought against him in the
Second district court. The court found
for Richter. and in August, 1897, Cum
mings filed a REIMBURSEMENT to his
rights in the local land office. On the
lame day Alfred Lambourne filed a
homestead entry covering the same
ground. Six months later he also filed
a REIMBURSEMENT in the local land Of
ice and entered into an agreement with
the state to have the latter select it
under its college grant and then convey
II to him at a stipulated price of $3.50
per acre. Richter then filed a protest
against the states selection, alleging
he mineral character of the land. The |
natter was investigated by the survey |
)r-general, and on his representation
hat the land was mineral in character /
IND subject to entry under the laws |
governing placer mining, hearing was |
ordered by the secretary of the interior |
o give the state a chance to prove its |
character.
Lambourne On the Stand.
This is the case which was settled /
yesterday. 1t comencemd on Oct. 80,
nd as the state refused to fight il,
4ambourne interviewed to prote r his
wn interests. The hearing has been
n progress from that time TO date,
With Lambourne as the only witness.
During the croSS-examinatiOn of Lam !
ourne last Friday he stated that he
id not want the guano deposits, but
'hen defendants attorney submitted a
Fritten proposition to be allowed to
nine and ship the guano for a period
I twenty-five years and give Lam
ourne his homestead entry the pro-
osal was refused and an adjournment
las taken till yesterday When the
our set for again taking up the case
rrived, communication from Lam
ourne. in which he pleaded his inabili-
Y TO proceed and expressed a desire to
ave the case go no farther. was read.
nd accordingly the register and re- (
eiver, at 2 p. m, rendered a decision
= 20 90 ID 2t.~A -