The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-09-25
THE SALT LAKE HERALD TUESDAY SEPTEMBER % 1906

RAID: TUESDAY, Sc
probably not with that from Diamond
vile. II could be put on the market any
where on the Oregon Short Line for SO
Fer ton. This coal could be loaded on
cars at the mine at rs cents per ton. Il
would take Hanna rates to eastern
Spent Three Millions.
When a connection was finally made
with the Oregon Short Lines track that
company would not offer any rate. The
company spent $3.OO0.OO0 in developing and
improving the property. Louis Stearns. a
of the property. and has been trying 20
sell 1t, but unsuccessfully.
Amy has coal deposits. also, but the
this district The Rocky Mountain Coal
& Iron company tried to start its mites
there last. winter, and put in narrow
joined the coal company from crossing its
tracks. Amy was at one time one of the
best coal districts in Wyoming; but the
Judge Spence said he had property adj
Joining the. Rocky Mountain Coal & Iron
comPariy's holdings. He asserted he could
build a road indepen0entlv and had made
no application TO the Oregon Short Line
He said that the attitude taken by the
Union Pacific company towards the coal
discouraged him. and for that reason ne
had done nothing much with his mine
He would not say positively that enough
coal could be mined at his property to
compete with the railroad company. but
was certain that the deposits I'm his mine
We're amply large enough to supply my
demand. He said 81 600 would put his
mine into shape for active development
Charges a Combine.
In answer to questions about the meth
agte
land, he said that over 1900 acres of
coal land have been taken up under the
old soldiers rights and paid for in script
ment asks $40 per acre. He asserted that
developments will show that Kemmerer
Union Pacific and Diamondville mine
owners are in a combine, each company
dividing the land thus acquired among
themselves. These companies acquired
the empire and then divided il among
themselves. each gentleman taking a par
eel of the total holdings" is the way the
witness made his assertion. Continuing
he said there was a mutual understand
should have all the good coal land in
Wyoming.
BY the lawful method of acquiring coal
but $50 acres of land and corporation
or group of individuals, $40 acres. This
land may be purchased at $40 an acre.
or prospected and bought for $50 per
acre if within fifteen miles of a railroad
and for so, If more distant. at is .unlaw-
full TO secure. coal lands with script
made by the Washington land autho-i-
ties and the applicant swears to an affi-
davit stating to what purpose he is go
Elmer E Thomas. associate counsel for
the commission, asked: ''Were the
methods used by the three coi.-
panies mentioned Illegal and fraud
Employees Took Up Land.
I'VE object" interrupted Judge Lacey.
1t was in defense of his question that
Attorney Thomas announced that the
commission during it's sitting here will
follow the line of testimony opened at
Omaha to show that the coal companies
use their hirelings to acquire land and
then transfer it to them. Judge Spence
asserted that the Diamond Coal & Coke
company secured good coal land for 81 so.
THE Union Pacific company" he con-
tinued, obtained sections IA and "a by
scrip"
He explained that applicants acquiring
land by scrip process must swear that
there is no mineral in the property. Oil is
classed by congressional decision as
mineral. 1t was stated that the en-
plOyes of the Diamondville Coal & Coke
company took up land and in some cases
the company built shackS upon the guar
ter-sections which were occupied. pre-
sumably by the homesteaders. OF one
hundred declaratory statements filed in
Evanston by unknown parties, but one
was a cash entry.
When Judge Spence commenced to vol
unteer information upon oil matters in
his state, Judge Lacey again interrupted
ing had proved that oil exists near and
around Evanston. and to develop this in
dustry, forty companies have been organ
lied.
Says Witness Is Prejudiced.
This was the assertion that brought
Judge Lacey to his feet. saying:
In a contest the secretary of the in
troduced. decided that there is not oil in
paying quantities in this region"
he then went on TO explain that the
witness had been against the Union Pa
cific in different suits and limited that his
testimony naturally would be biased.
Attorney Marchand took a hand i'm the
examination and said the commission
would show that the Union Pacific does
own oil and has refused transportation Of
oil produced by other companies. Judge
Lacey was again on his feet
1T has refused 70 give any rate below
it's published tariffs he declared.
Attorney Marchand smiled at this and
said slowly:
The fact is, you have no oil rates
there"
No Oil Rates.
Judge Spence went on to assert that
President J. B. Butler Of the American
Consolidated oil company of California
told him the company would spend $1,000
600 in improving its Almy oil holdings If
IL could get rates from the Union Pa
cific. The company had already spent
between 100000 and 100000 on this prop
erty. The nearest refineries are at Flor
ence. but as the oil near AImy is especial
" rich in volatile matter il could be
shipped to San Francisco at profit No
rates were ever obtained to San Fran
cisco
Judge SPENCE concluded his testimony
by asserting that despite the fact that
the railroad holds no grant on mineral
lands, it holds old land. and this product
AS said before is clasSed as a mineral
The morning session was adjourned at
this juncture until O'Clock in the after
noon.
The afternoon session commenced
promptly on time. with Judge Spence on
the stand for cross-eXaminatiOn. Farley
Il. Williams asked witness if he had eX-
amined witnesses to see if the tracks
mentioned In his mornings testimony had
been torn UP. Witness said they were
in place when he saw them last. Mr.
Williams endeavored to show that the
mining company had tried to build across
the Union Pacific tracks with no permits
sion to do so from the railroad company
The witness was not informed on this
matter.
Never Saw His 100 Acres.
Thomas M Abbott a resident of Farm
ingtOn. was then called 10 the stand He