The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-11-11
COAL ARGUMENTS
ARE CONCLUDED
Judge ]. M. Waldron Finishes
Final Answer to Govern
ment'S Contention.
UTAH MAY HEAR CASES
ACTIONS ARE DEFINED AS LOCAL
AND BELONG HERE.

Argument in the coal land cases was
closed yesterday by Judge J. NJ. Wal
dron, representing the defendant coal
companies. Judge Waldron submitted
his final answering argument to Judge
Marshall of the United States court.
The government has fifteen days to
file an answering brief with Judge
Marshall, who then has an additional
fifteen days to consider both argu-
mentS.
The point under contention was
whether the Utah courts have jurisdic-
ton over the defendants. Judge Wald-
ron, representing the Utah Fuel COM
pany and it's co-defendant, Morton
Trust company, reiterated the points
brought up in his Thursday argument.
If the point raised by the defense is
sustained the suits against the coal
companies should be tried in New York.
under whose laws the Morton Trust
company was Incorporated, and in New
Jersey, under whose laws the Utah
Fuel company was incorporated. AS
the Pleasant Valley Coal company was
Incorporated under the laws of Utah,
the actions against them could be
brought up here. The admitted pur-
pose of the defense in attacking the
Utah courts jurisdiction over the de-
PENDANTS is to scatter the suits as
greatly as possible and thus weaken the
action started against the defendants.
During Judge Waldrons argument
Judge Marsholl asked the question:
"Your contention, then, is that if this
court has no jurisdiction over the de-
PENDANTS, the courts of other states
have as little Jurisdiction"
Judge Waldron admitted that this
in a nutshell was the contention he
was advancing.
No Decision for a Month.
JudgeWaIdron endeaYored to learn from
Judge Waldron endeavored to learn from
the court when a decision on the ques-
ton before the court might be expected
Judge Marshall said he did not know
when his decision would be ready. A
month at least might be consumed in
considering the arguments closed yes
terday, as the government will un-
doubtedly use all the time allotted to
it to file it's final answering brief
The decision will be an important one
as it will apply to all district courts
and the coal land cases started in
Utah are but few Of many suits to be
started throughout the United States
The defendants who are endeavorine
to escape hearing in Utah have been
charged by the government with par
ticipating in a conspiracy to secure coal
lands by fraudulent methods.
The arguments have been followed
closely by many local leading legal au-
thorities, as they have been brimming
with legal lore. Judge Waldron's OPEN
ing argument for the defense Thursday
consumed six hours. The government
consumed the greater portion of Friday
in refuting the contentious advanced by
Judge WaldrOn. Court has convened
at 10 o'clock each morning, called a re-
cess at noon and listened to the speak
ers until $50 o'clock and after each
evening. Judge Waldron has appeared
for the defense, although both Utah
Fuel and Morton Trust companies have
an imposing array of talent retained to
fight the suits against them to the last
ditch.
Coal Lands Not Excepted.
Judge Waldron began his final answer
Friday afternoon, but was only fairly
started when an adjournment was
called until 10 o'clock yesterday morn
ing by Judge Marshall. He was at that
time contending that Utah had the
right to dispose of coal lands, arguing
that her enabling act made no special,
explicit mention of coal lands, and re-
iterating his assertion that coal lands
are not included in mineral reserva-
tons. This contention was denied by
the governments representatives, who
pointed out that mineral lands were re-
served explicitly and congress had
meant to include coal lands with others
classed under the mineral reservation.
That saline lands had been especially
granted to the state was substantial
ing point used by the government, be-
cause saline lands are ordinarily in
Guided in mineral lands. Congress had
made special mention of saline lands
Coal lands are also mineral, but no spe-
cial exceptions had been made upon
them.
Judge Waldron was using as a point
to SubStantiate his contention the lack
of mention of mineral lands in the
grants made of Mexican lands. That
the government had no right to inter
fere with mineral lands turned over to
the United States was Judge Waldron's
concluding assertion on this point. The
governments attorneys will answer this
point i'm their brief by showing that the
Mexican rulings were in vogue long be-
for the United States had made special
rulings for its land affairs.
Government Is Confident.
Judge Waldron repeated his asser-
tons regarding the lack of Jurisdiction
held over the defendants by the Utah
courts, going further into detail but
maintaining his former line of argu-
ment. He finished his answer by noon.
Few spectators were present at yes