Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-05-16

| pOrtant ruling relative TO the lands se-
| leCted by the state land commissioners
| and situated within the forest reserve
The lands In question have been filed
upon by number Of citizens Of the
state and the applications have been
approved by the state board of land
commissioners However the secretary
of the Interior has not passed title to
these lands. The ruling OF the super
visor not to allow the applicants for
patents any grazing privileges ON their
claims within the forest reserve Is bas-
ed on the fact that the state seems not
to have the absolute title TO the lauds
I'm question until the secretary OF the
interior has granted the title TO the
state,
The ruling has caused considerable
agitation and the case may be tried In
court to determine the merits of the ap-
plcants' claims,
In one instance the Oregon Short Line
Railway company has flied ON nearly
~ 900 acres OF land The land was
taken for It's valuable coal deposits ana
Is situated IN the grazing district Of
the reserve.
Several local sheep ana cattle men
secured rights from the railway Com-
pany TO use Its land, l2,OOO acres as
pasturage ground this season. owing
10 the ruling that permission TO cross
the range with herds Of cattle must be
granted through the supervisors office,
the lesseos We're unable 10 reach the
ground belonging To the railway CONF
pany, The parties asked permission
from the supervisor 20 cross the range,
but were informed that the depart
mcnt would control the grazing on all
lands within the reserve, TO which an
absolute title had not passed 10 the
state from the United States govern
ment.
The supervisors ruling win affect
many holders OF lands which are UNI
patented and unapprovcd by the sec
rotary of the interior. There are many
selections OF lands within the reserve
made by the state of Utah which are
unpatented. II rs estimated that sew
eIal hundred thousand acres selected
by the state land commissioners VIII
be practically taken back by the de-
partment and no claim to any lands
within The reserve VIII be honurod by
the supervisor unless said claim has
been passed by the secretary Of the I'M
terror.
The approval by the state land COM
missioners, upon which the applicants
base their rights To- use the grounds as
grazing land, Will through this ruling,
be yalucless.
The lands affected by the decision are
located In the reserve aus follows. Town
ship II south, range east, township
II south, range Z east. township 10
south, range east township IA south,
range 6 east.
The enabling act admitting Utah as a
state, section 10. reads that AN lands
granted In quantity or indemnity by
the act shall be- selected under the d.
rection of the secretary OF the inter-
Tor, from the unappropriatrd public
lands Of the United states, within the
limits Of the state Of Utah
In the case Of Roberts VS. Gebhart et
al, california;, the court says, I'm re-
ferriug TO the case Of Buhne VS. Chlsm.
I'VE think that the approval OF the
secretary of the interior was essential
to a valid selection and location by the
state, and that it was incumbent upon
the plaintiff to show aflrmatively that
the secretary of the interior had APP
proved said selection and location"
In the case Of Miles vs. Wells ct al,
(Utah), the court said: Under chap
ter Ga, Session Laws Of 1893, after the
application Tor said land IS made. until
the selection is made, and the price TO
be paid, and the time IN which the de-
fcrred payments shall be made, or fixed
by the board and assented to by the APP
rlicant and contract OF sale contain
ing stipulations agreed upon, Is eXecut-
ed, the applicant has no vested right
whatever"
Supervisor Jensen. under these deci-
sions holds that claimants Of said lands
within the reserve, their lessee, or
lessees have no authority TO regulate
the grazing OF sheep cattle or horses
on said lands unless Il can be ahirua-
lively proved that the secretary Of the
Interior has approved the selection o
land made by the state The grazing
on such unapprOyed or unpatented
lands, or crossing over any part OF the
reserve TO such lands without permits
from the supervisors office Will DO re-
garded as trespass. The supervisor IS
directed by the commissioner Of the
general land Office to carry out this de-
cision by injunctions If necessary.