Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-02-25
Man Who Has Been Active in
Getting Rebates Allowed Under
The Law
SOME NEW LIGHT ON MATTER.
Considers That II Measure Is Repealed
Az Injustice Will be Done
10 Old Settlers

w INC lNhtsthiAb Va VIC nNhoNi A'fiN -
| bate law when that measure comes up
for discussion before the Joint legisla-
tive committee Monday The measure
Is the one to which Coy. Cutler has
recently found objections, and has sug-
gested an investigation with n view
OF uncoyernR any possible GRAFT.
II am one Of the gratters," said /, C.
Thoresen Of Logan, to the News to-
day, "and Edward Hanson, my law
partner at Logan Is another"
Mr, Thoresen has been active in Sc
curing the rebates allowed under the
law which the governor would have
repealed, and considers that II cannot
be recalled at present with any justice
to large number Of citizens. 1t is a
plan by which the state Of Utah under
took TO recog lze the rights of her
pioneers In hcl ling the property made
valuable by their efforts. The federal
government long ago treated settlers
on other lands more generously than
the state does under this act and the
whole subject recalls an interesting fea-
ture Of Utah's pioneer days.
In reply to questions as 30 how the
need for this law came about, and In
what sense graft could be conducted
under IL, MIR. Thoresen who is an old
Utah resident, and a former legislator
as well as a member Of the constitu-
tlonal convention said that to begin
with the beginning, the people who set
tied these valleys each received q por-
ton OF land. The method was general
~ for the leader Of the band Of settlers
TO put cards, each good for one allotted
portion, I'm a hat A settler got the
portion of the land thus drawn, But all
this was before the days Of maps and
accurate knowledge Of the federal plan
for apportionment Of school lands, ana
the title of each holder was only nlu-
tual and local understanding, not a
federal title,
During the nfties the government
surveyors made maps, which were new
err shown to Utah authorities, but were
sent TO Washington. Then they finally
came west and were kept at Cheyenne.
After that in 1869 a andofiice was es-
tablished In Utah and these maps were
made public
The federal government at once took
up the question Of titles and TO every
holder Of land In the public domain It
gave a title gratis. provided the holder
had lived on the land Ave years prior
to the opening OF the landoflice. For
the holders Of land who had unfortu-
nately drawn school land no title at
all could be given Thus men who were
neighbors 60 other men with clear titles
were left With no title. but with homes
on which they had paid taxes Ike their
naiorhbare rho farrftprV fried for "a
time to collect taxes and finding some
OF the holders objected, they leased this
land 20 the settlers. This move was
decided 20 be unconstitutional,
SO the matter drifted until statehood
came. Then the Legislature Of 1895
took into consideration the rights Of
the old settlers, and felt that 10 would
not be right to force the settlers on
school lands to pay a high price for
them, now that they have lived on
them so long and had been In meas
ure responsible for the increase in val
ue. So they passed a law providing
that for the nominal amount Of Is per
cent OF the appraised value they would
give these old settlers their homes in
school sections, provided the owner
could prove that he lived on the ground
before the maps were made.
The first batch OF claims came In,
and the land board found that some OF
these old maps dated back 10 the early
fiftles. This shut out most OF the set
tiers, under the construction thus plac-
ed upon the law. The settlers claimed
that the law was meant TO date from
the completion Of the survey and the
opening Of the landolllce in 1859.
In 1899 the protest took definite
form. In the northern counties n sort
Of informal cooperation OF effect was
undertaken TO secure a proper inter-
probation on the bill, and Mr.. Thoresen
represented this move as attorney
The matter was brought to the atten-
tion OF the governor. the Legislature,
and the land board Then a suit was
planned In the courts to test the legal
Ivy OF the land boards construction OF
the law. Before things were under way
In the courts the legislature appointed
a conference committee The story OF
the citizens was heard, as well as that
OF the governor and the land board.
The result was an amendment TO tho
law definitely fixing 1869 as a point OF
limitation Of the rebates allowed. An
other provision I'm this law was insert
ed by the land board and provided that
where certificates Of sale for such
lands have heretofore been issued by
the state board OF land commissioners.
the payments in accordance with said
certificate shall be made. At the first
regular session OF the Legislature after
full payment on any such certificate
has been made, the holder Of such GER
tihcate may fle his claim for the Off
ference between the sum paid on said
certificate and the sum which should
have exacted II this law had been I'm
force June 80. 1897"
This law forced the payment OF the
total sum, as n deposit rs per cent Of
It to be returned by the next Legisla-
ture.
IAN | did as a graft" explained Mr..
Thoresen, was to negotiate a loan by
which our people would pay the whole
amount pending the return OF the rs
per cont, guaranteed by the law. In ad-
ditlon to that I am acting as attorney
for many residents IN pressing their
claims, az the present time, ana for that
work have a regular fee, averaging
about 20 rer cent OF the money recov-
cred. At first | pressed this thing with
out any compensation, III. after the
measure was put through / have re.
celved fees FOR claims secured
The status at present is that over
four-hfths OF the people have secured
the rebate allowed. The remaining one
fifth have n just claim that cannot well
he put aside. according TO the View OF
Mr. Thoresen, Especially Is this 80 I'm
the case OF people who have paid IN
I'm full under the law guaranteeing a
rebate at the next legislative session.
Mr.. Thoresen explaina that should