Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-12-08
WITHDRAWING Of
COAL LAND ORDER
State Board Met to Consider In
struCtions From General
Office.
WILL NOT DEFEND TITLE.
Resolution Calling Attention 10 Rights
or Applicants 10 File Protest
Within 90 Days.

The choice little habit that sprang In.
to existence u few years ago OF "fudg.
ing coal lands from the state on tn,
pretext that agricultural lands were
being sought for settlement, Is nov
bearing It's fruit in punishment from
the national government.
The state land board met yesterday tc
consider the orders from the genera
land board. Withdrawing from entry
1900 acres where II is known that Goa
exists. Much Of this land is now sub
ject to applications for entry the ap.
plications having been filed with the
state land board and forwarded to
the general land offices for final action
In all such cases notice has been served
on the state board that the applications
have been disapproved, and the land
withdrawn.
RESOLUTION PASSED.
AT Its meeting yesterday a resolution
was passed calling attention OF appli
cants for land to their right of
protesting within 80 days, before the
general land Office, They are author
lied further to use the name OF the
state, but not to involve the state In
financial matters. The board Will not
defend title itself or assist the appll-
cant financially.
SECURED BY PERJURY.
The trick by which the land vas Sc.
cured for entry can be duplicated any
time and any place In Utah, where
land is generally reputed to be non
mineral, II the man who digs down
and finds coal keeps the discovery to
himself, he can do what was done In
Carbon county by perjury. as the state
board and the government itself win
probably pass the land as agricultural
land, and so far the rule I'm Utah has
been to accept the oath of the applicant
as evidence that he is acting in good
faith, whore no knowledge exists on
which to base reasonable doubt.
Under the rules II any person had
any reason TO think the entry was not
In good faith he has a full chance to
protest and bring In his evidence. The
notice of application was advertised
IN the nearest paper 10 the place the
lands were selected, and 60 days allowed
to hear protests, before the application
was approved
THE RESOLUTION.
The resolution passed by the state
land board is as follows:
The commissioner of the general
state selections for the reason as stat
ed in the notice served on this board.
that said lands have been withdrawn
1t does not appear from said notice
that there is mineral ON said lands or
that the applicants therefor erred I'm
Affirming that these particular tracts
were non-mineral In character. IL Is
not shown or even alleged that the
state or the applicants acted In bad
faith in connection with these tracts.
1T does not seem 10 this board that
lands selected by the state I'm 1899
should be cancelled seven years later
simply on the statement that said
townships are withdrawn. 1t has al
ways been the practise of this office to
allow applicants to use the name OF
the state In defending their titles with
out cost to the state where mineral
claims are alleged against selections
made by the state.
u. therefore. move that the secretary
be instructed to notify the applicants
for these tracts that they may use the
name of the state without cost to he
state In defending their claims to said
lands, and that 60 days from Dec. |.
1906, has beefr allowed In which to APP
peal
Following the adoption of the resolu-
ton and the consideration of a large
amount of routine business the meeting
adjourned to Jan. s, 1907.