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

VINlliAttut duu are ful IltNiulNltu,
mineral nor reserved lands, and are OF
the character contemplated by the
grant In said act, the allegation that
taey were vacant and Incorporated
was correct. but the remainder WAS
false and without foundation In fact;
and. IN truth. an impartial and even su-
sperflcial examination u that portion
OF the land concerned In this suit would
have so determined. that as to the
statement that we have caused the
lands mentioned TO be carefully exam
ined By agents and employees Of the
Slate asto their mineral or agricultural
character, such statements were also
false. IN that no person was or had been
employed 10 examine said lands. TO as
certain their mineral or agricultural
character and no agent OF the state
had made such examination. and there
MAS no foundation Ior such statement
other than by the representatives OF the
pUf sons M the employ Of the defendant
and acting 10 procure said lands by
and through the state from complain
ant for defendant. that as 20 that por-
ton Of said printed statement IN each
cusc that there Is not to our knowledge
within the limits thereof tmcaninB SAID
land) any vein or lode Of quartz or oth-
er rock In place bearing gold, silver
cannabar lead, tin or copper or any De-
roat Of coal, any placer cement. graN-
81. gilsOnltc. elaterte. asphaItum or
other valuable mineral deposit. that me
land contains no salt springs or deposit
a salt In any form sufficient 20 reh-
der II valuable therefor your orator
SAYS that. iuasmuch as neither sald
president nor secretary had personally
an by ana through any member OF ihs
said board or any empl0ye OF SAID state
CT any agent OF theirs, made any eA-
animation or investigation as 10 IN.
PRESENCE or absence lu OF from SAM
lands OF The. various minerals or SUD
stances namei by them. % must Doe ana
hereby Is fully admitted tnlt TINS Dor
non OF their affidavit settling forth mat
ihcy had uo knowledge is truthful. ana
fcrfcct. That as 90 mat part Oh sail
rented statement That no portion OF
said land b. claimed for ninlng pur-
noses under the local customs or rules
1f miopre or otherwise; thar no por-
lion A. worked f0r minerals during any
mart of the year by amy person OF per-
eors your tor ayers ana chaigt'
i1nt said president aul secretary hau
nd pargonM knowledge whether the
sarno was true or not. for want ~ nav
,T, made examination OF taid land, ara
that uron the trial Of this suit your or
.ior win produce evidence iu Wrlulg'
stoned bv SAID secretary. 90 an oihcer
nd rounialuaut dls.laiming any duty
o, ohUg,tiou upon the part Of said
etate hoard TO make examination ~
l.tr cases. that. as 10 the portion OF sald
s,stemcnt which says. that said land is
.ssentlsIlv uon-mincral land. II was
,n,ir,,e in so far as respects the lands
bsreln concerned. the same being al
,he lime knovrr as coal lands that, as
m tbat norton OF said statement which
save that our application thereios
meaning said lsnds) h. not mace lot
In pnrpose " fraudulestly obtaining
ntle IA mineral land. but With the OBJ
ieet OF securing said lands for agricui-
uual purposes. your orator says that
IA may or may not have been true as
to either said president or secretary as
Ia the lands herein concerned, that "
4 certainty true that neither OF sald
officials for their own possession or
ownership. desired said lands or any
poriion thereof, nor as agents OF the
board FOR the ownership and benefit OF
the State a. Utah, because Whan max
ing such statements they had already
hargalned said lands to defendants
agent. but your orator says that the
well known occupation OF said Robert
Forester as geologist for the defend
ant the connection Of said Forester
with the other Forresters and the re-
| lations sustained by each OF the other
entrymen 10 defendant. was sufficient
to put said president and secretary up
on inquiry and 20 have satisfied them
| that said Forresters, the several women
| making applications and the other en-
ployes Of defendant had no agricultural
/ intentions. Your orator AYERS that, as
to the part OF said printed sworn state
/ ment. and the above and foregoing
statements as 20 the character Of said
land apply to each aid every legal sub
! division thereof the same Is, like the
other portions Of said statement. with
out foundation IN fact or In the kuowl-
edge OF said president and secretary.
WOULD NOT PASS TITLE.
-. Your orator further shows tina;
the register and receivers and complain
ants land Office at Salt Lake City. with
in whose district the lands herein con-
cerned are situated, received from the
said state board the list containing de-
scripti0ns Of land involved herein, and
forwarded them. as was their duty, to
the commissioner OF complainant's gem
eral land Office, with notations thereon
Endorsed by them, that certain OF said
lands we're mineral IN character as ap-
pears from the plats. papers and books
In their Office, but 50 II was, as your
orator AYERS and charges. that the off,
cials and employees OF said general land
Office were unduly impressed by the
fact that the State Of Utah was ap-
pIicant FOR such lands and had mo
/ knowledge or suspicion that said presi-
dent and secretary. acting as agents OF
the state board, had contracted 10 sci
said lands IN advance. and did not
know that no employe or agent OF IN,
State OF Utah had Investigated and
examined said lands, and that such
examination. II any ever Wal
made. had been entrusted To the yer,
persons who had been procured C
defraud complainant OF its lands In tho
interests 81 defendants. and that what.
ever action said persons did take wa
for the purpose Of defrauding ant
falsely representing to said state boart
the characer and conditions Of sal,
lands. 10 enable said state board L
have some foundation Of fact upoi
which "a base their direct positive an,
! unequivocal assertions ON oath. an'
} that the State ~ Utah. being so i'm
2 | prcssve IN Nc functions as applican
> for portions of the land grant by Con
5 gress for beneficial purposes To SAT-
= state, the officers and employees ~ saA
general land Office were led % beliey
. ~ the regularity. honesty and goo
Q faith OF said state, and to overlook IN
d fact that upon the face Of each an
= every NJ said printed aud sworn state
! ments ~ was made certain that IN
, atlantis had no personal knowledge q
o that which they positively asSerted.an
20 mo knowledge which gave force 20 tha
s asserted ln negative form, and tha
4 as a showing for the cerilhcation sal
p statements had no legal force or on
g | caCy whatever and contained uOthln