The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-03-12

Informed and believes, and therefore al
legeS that said entry was made by said
Davies for and in behalf of the Utah Fuel
company, SUCCESSORS to the Pleasant Val
ley Coal company that said Davies, in
pursuance OF an agreement or under
standing mad by and between the said
Davies and the said Utah Fuel company
and for a valuable consideration. filed
upon said tract of land in the interest of
and at the solicitation of the rcpresen-
tatives of said Utah Fuel company: that
said fuel company expects to and will
unless sad entry IS cancelled, receive title
10 said premises through the said Davies
Money Said to Have Been Paid.
This affiant has been further informed
and believes that a contest was subse-
quenty brought by one Stevens against
the said entry of Davies. that the sar,e
Was compromised and settled by the said
Utah Fuel company paying to the said
stevens - cOnSiderat ton in money the
amount being considerable, and unknown
70 70 ms alllanJ; IhaT subsequent to the
bringing and settling Of said contest an
OIneI contest was filed against said en-
Try Dy one Eugene J. Dair, that the same
was dismissed after a contest had bppn
called and part of the testimony taken:
II}at the testimony taken in said case
SHOWS concluSiVely that the said entry bv
SAID Davies was not in his own Interest
out III the interest and behalf of Others
not capable under the law Of acquiring
4 utIe 10 the coal lands of the govern
ment of the United States.
me said contest, Dair rs. Davies. was
IlnaIIy dismissed, after reaching some
-~A4ACAAI VI NOLltAl4SIOn between the said
Utah Fuel company and the said pair
that the said Utah Fuel company is now
endeaVOring to procure a patent thereon
oStensIOIy IN the interest Of Davies: that
the testimony in the case of Dair va
Davies now on file with the commission
ers OF the general land office will co0cIt-
slVeIy show that the Utah Fuel company
ana not Dawes viii be the real benefi-
cary thereof; that after the trial in the
DaiT contest had been had. the case Wa,
dismissed and the papers transmitted to
the general land office that affiant is in
formed, and believes, and therefore al
leges, that the entry is fraudulent in its
inception, and that the efforts of the
UIah Fuel company to obtain title to said
tract of land, shown by the testimony
taken in the two contest cases heretofore
had and herein referred to, is for their
benefit, and not in behalf of said Da-
vies.
Claims Davies Mere Agent.
That the said Davies had no interest
therein other than the receiving of a valu-
able consideration for making the original
deciaratOry statement or filing, and the
subsequent permission given by him to
the Utah Fuel company to continually
use his name in acquiring title to said
land.
The testimony on file with the commits
sion IN the two cases referred to shows
ccnciusiveIy that this entry is a fraudu-
lent one. and this affiant asks that he
may go into the case fully and comDIete-
"; that hearing be granted. and that
AAo w etAINhNu ~ ouppAtIIltllL the IeStl-
mony already taken: that if said hearing
be granted he viii be able to show
that said transaction was fraudulent, and
that the intent is to acquire title to
said tract of land and contrary to the
laws and regulations of the department.
ALBERT SIMONS
Subscribed and sworn to before me this
Ind day Of Feb. 1894.
WILLIAM A LEE, Notary Public.
Also appeared before me at the same
time and place, the undersigned. who. be-
Fw.~- Il rHW~
the foregoing affidavit. and know the
statements made therein TO be true
FRANK w. BEANIE.
FREDERICK A. SWEET.
In these contests, w. H. Bird had
represented the entrymen as attorney
and associated with him has been Mark
p. Braffet, attorney for the Utah Fuel
company