Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-07-28

commissioner, tOf tht want VI li'p'
that the lands named and described IN
said lists OF selections. were Of the
character contemplated BY said ae'
Of Congress. 90 withhold his cerllf.
Gates. and return them to the local
land officers " complainant out
either through inadyenture, mistake
or clear error ~ law, said commits
sioffer did approve said list. and IN
der his hand and seal. did indorse ms
certificate thereon.
PARTY TO FRAUD
And your orator AYERS and charges
that neither IN equity and good con.
science nor I'm law, were the lists OF
land although so certified, available
20 convey any right title, claim or
interest from complainant To the state
Of Utah. TO any Of the lends herein
concerned, because the State Of ttah'
while not az a government or a col
ltctiye body So intending. was, b..
and through the foilure ot certain or
is officers and agents To safeguard ~
interests as herelnbefore descflheu'
made 20 appear as an active party I"
n gross fraud upon complainant m a
matter I'm when the complainant had
htfll utSlNNiUk d hAA WI tloHt w go
state. and had been made the most
potential factor ~ such fraud thoush
I'M small sense the beneficiary thereof
and because the commissioner ~ CON.
plainant's general land Office acquired
mo- Jurisdiction To act upon such states
application to have aid lists so certl-
fed hy reason # the terms of the act
Of Congress above set forth
HOW COMPANY GOT LANDS.
The bin relates In detail the meth.
DDS By which title 10 each piece OF
land before described passed from the
United States TO the state land board
Go the applicant iu behalf u the utah
Fuel company. and then 20 the conn
pany.
Names and dates. the details n the
descriptions not being repeated, are
as follows:
Robert Forester. Application july
9. 1900; state agreed 10 sell, same
date. patent issued. June "a, 1909,
transferred 10 Utah Fuel company
June a. 1909: consideration. 81.
Robert Forester. Application. July
2. 1890: state agreed to sell the same
day. patent issued April IS. 1909. pro-
ltllN thUNfNfu lNl - " hiN Nf'f'
Fuel company June "a OF the same
year.
James Forester. Application July ?,
1909. state agreed to sell same day,
description filed July 8. patent issued
June 27 1909. and property conveyed
To- Utah Fuel company the next DAY
for 81.
May Kimball applied also on July 2.
"A. N.F4 ~
having conveyed the property 70 the
defendant nearly two months heiore
for 81 and other valuable considera-
tions.
CHARLES MosTYN OWEN.
Charles Mostyn owen was also an
applicant making application NOV, ~,
1901. Dec. Is OF the year following a
patent was issued Tor the land and i've
DAYS later owen transferred the proper
IS to the Utah Fuel company for VI
and other considerations.
william H. Myers applied July 3.
1900. and received the states patent
Aug. 10. 1902. having given for 500 a
quit claim deed TO the property on June
q OF the same year. nearly two months
before receiving the patent. The trans
let WIS 10 the 4 NAll ltA
Clarence Il. Sprague wanted his on
the same day, July 2. 1900. and June q,
1902. he. too. received a patent, having
10 days before given quit claim deed
for the consideration OF 81 10 the Utah
Fuel company
Sarah Tidwel was another who APP
piled for land July ?, 1900. received
patent June q, 1902. and transferred
her interest to the Utah Fuel company
June % Of the same year.
Edwin L. Carpenter made application
July 3, 1900. received a patent June ~,
1902. and transferred his property to thu
Utah Fuel company June Is OF the
same year.
John ]. Judson 'also ran" on Jan. 20.
1901, and received his patent Oct. %.
1903 which he, too, transferred to the
Utah Fuel company on oct. 81 OF the
same year.
Andrew W. Down applied the same
day Jan. 20. 1901. and received his pa
tent Oct. %, 1908 He transferred his
interests for 81 and other considerations
to John ]. Judson and wife. and on the
same date, Oct. 81. 1903. "the said John
j. Judson and wife, by warranty deed
for and In consideration Of the sum OF
81 conveyed to the defendant"
WANT SELECTIONS voIDED.
The actions OF the commissioner OF
| the general land Office are then dis
/ cussed. The court Is asked 10 set aside
/ the decisions regarding tho lands men,
/ toned In the bill. as follows:
Your orator AYERS as a further rea-
/ son why said certified selections should
by this honorable court be yolded, and
| all the conyeyaEces by which said de-
| fendant claims the right OF pos
session or title TO the lands herel. de-
scrlbed. should be set aside ald held for
naught, aud complainant fully restored
| 90 LiC possession % sa.u ANUS, ana a,i
clouds upon the title removed there
from, that the decision and certificates
Of the commissioner OF the general land
Office was made through lnadvertence.
mistake aud by the application Of en-
r0neous rules. ln this. that said commits
sioner held and decided that the lands
concerned we're non-mineral lands.
without any legal evidence before him
tending 10 show proof. and contrary 10
the rules and regulations Heretofore
made and issued through the secretary
OF the interior. and, further. that al.
though II appeared by the notations oil
the local land officers Of complainant
that many 81 the descriptions Of land
embraced IN such lists were mineral
lands. as appeared from the plats and
records in their Office. and notWtth-
standing the report of the surveyor Of
complainant. and the accompanying
field notes o, his survey showed ther-
were well defined veins Of coal on said
lands ~ superior quality. and that Goa
was I'm large quantities exposed 10 view
on much Of said lands, and that ths
same was chiefly valuable for said de
posts, and OF little or no value fo
any other purposes. said commissions
did hold decide and certify that al
said lands were non-mineral lands. act
Ing under this mistake of law. that n,
lands were coal lands unless the eyi
dence showed that coal, IN sufficient
|. Quantities 90 make the land chiefly