The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-11-09
ARGUMENTS IN
COAL LAND CASES
Supporting Demurrer, Counsel
for Defendants Attacks
Courts Jurisdiction.
Photo by Harry Simpler

Arguments on "a demurrer in the coal
land cases Were commenced before Judge
John A. Marshall of the United States
district court in Salt Lake yesterday
morning by John NJ. Waldron. of Denver.
counsel for the defendants Judge
W aidron argument consumed six hours
tie began immediately upon the ccnclu-
sion OF opening legal formalities and was
sun talking when a recess was called at
noon He resumed his argument after
lunch and did not finish until $50 O'Clock
counsel Tor the government will be heard
today.
The cases pending involve nearly 10000
acres of land OF value between 50 coo COZ
aud $6,GOOO0. The Utah Fuel company
Morton Trust company and Pleasant Vat
ley Coal company are the principal de-
1eEGantS. -Four bills were filed against
these companies in the United States
court in July, charging conspiracy ana
fraud IN acquiring coal lands. The coun-
SCI for the defendants demurred 10 tho
complaint on the ground that the United
States court in Utah has no jurisdiction
OF the defendants under the act of con-
SreSs. which provides that no defendant
can be tried in any district outside of th..
enc IN which he is a resident. Under The.
circumstances and according to the bills
filed by the government itself the defense
maintains that the Utah Fuel company
and Morton Trust company cannot be
tried in this state by the United States
court
'The Utah Fuel company is incorpo-
rated under the laws of New Jersey and
tic Morton Trust company under the laws
OF New York. These states are the dis
tricts Of which the companies are resi-
dents" declared Judge Waldron
Counsel for the defense entered a special
demurrer for the nonresident co-defend-
ants and general demurrer for the resi-
o.Et, the Pleasant Valley Coal company.
which is Incorporated under the laws of
Utah Most OF the land involved is To-
Gated in Carbon county.
Much Interest in Case.
When court was declared in session yes
terGay morning ell counsel were present
Besides Judge Waldron he defense is
represented by WaIdennar Van Colt ami
Mark Z. Braffet, attorneys for the Utah
Fuel company, and Major r. w Young
end Ashby Snow, attorneys for the Nor
tor Trust company, as trustee The gov
ernment is represented by Hiram e
Booth. United States district attorney:
Fred A Maynard, special assistant United
states attorney general, and r. ID.
Critchlow, special counsel for the govern
ment. Local lawyers watched the pro-
ceedings closely. Elmer F. Thomas of
Omaha, associate attorney for the inter
state commerce commission. was spec
tator. The formality of admitting the
special counsel for both sides to practice
before the court was gone through
Judge Waldron then opened his argu-
merit His first declaration was that the
state selection of the land involved was
legal under the Utah enabling act OF
April 10. 1894, and it follows that the ac-
ton started against the defendants should
be dismissed as there is nc merit case de-
fined in the bills filed by the government
He asserted that the Morton Trust COM
papy could not be considered a defendant
Launching into an explanation of these
opening declarations Judge Waldron said
the Utah enabling act was especially lib
eral and easy of Interpretation. He said
every foot Of land not set apart for>some
specific purposes by the government was
granted to the state. No distinction is
made in the act and Judge WafdrOn as
serted that no court could place upon the
act any meaning not made by congress-
Judge WaldrOn endeaVored TO impress this
point by citing numerous Illustrations AMI
comparisons He concluded his argument
on this point by repeating:
"The Utah enabling act. then. granted
all lands to the state except known min
eral lands and others set aside for some
specific purpose The state selection of
these lands, then, was legal"
Enabling Act Liberal.
Continuing, he said the quantity of land
granted Utah by the enabling act was
larger than the amount granted most
Continued on Page 2.