The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-07-28
Separate Actions Begun
Federal Court TO Set
Aside Patents.
LDINGS IN FORM
OF BILLS in EQUITY
in Controversy Ap-
aches 10000 Acres; State
Land Board Involved.

'wr separate actions were begun in
't,deral court Friday by the United
~. Government for the purpose OF
|%z aside patents that hnye been
HI for large tracts of coal lands IN
Va and Emery counties. The plead
Nsre in the form of bills IN equity.
'us,rea in controversy approaches ~
llFuel company and the Pleasant
khy Coal company. The grounds for
+u lion are that fraud, deception and
.racy were resorted to by the COM
' ~ named and their agents in OBJ
'i,rg these lands.
isS actions were brought against
'rsof the defendants and the actions
Ia two distinct classes. One class
~ actions, one against each com
E5 deals with lands that have been
lied from the State OF Utah
|sslh the State Land Board, while
81 1fher class deals with lands that
Isobtained direct from the Federal
.nment by means Of the coal
's,1aws passed by Congress in 1878
'-.dividuals and then decided for a
,,al sum which is alleged generally
I've been $50 TO each individual.
Entter class of suits are identical
the action for a single tract of
E,against the Pleasant Valley Coal
.ny, which was begun July 7.
~ papers in all four cases are vol
nus affairs. They set forth the
.l les bearing on the cases in full
! five in detail q description of the
4 in controversy
il1st Company May Be Involved.
/ is also alleged that the Morton
|. company of New York holds
Mage on the lands described and
! Xstated that II the court thinks
|that the company may also be
party defendant to all the
=. The far greater part OF the
described have been obtained
I'll the State Land Board and the
nnngs charge eollusion and acts on
| ftrt of the president and secretary
III Land Board in ways so specific
place those officials decidedly on
,lefensive.
alleged that the defendant COM
II, together with their officers,
and employees, combined and
liberated together and with other
as to form and execute fraudu-
+,scheme to obtain lands without
n consideration by and through
tate of Utah. 1t is alleged that
|I-heme was to represent and TO pre-
That lands which they well knew
Coal lands and which they desired
.,sain solely because they were coal
were in fact grazing and agricul-
Eslands.
Is charged that lands of this kind
Gained by the Utah Fuel company
IJorth upwards Of $l.000,000. 1t
fIo claimed that no officer Of the
has power to transfer title III this
fer to known coal lands, and that
Finds in question were known to
!al lands. The applicants, after
ing these lands, 1t is alleged, then
| II them by quit claim to the de-
INT for 81 for each description.
|sBhould Have Made Inquiry.
|s set forth that it was the duty Of
| tate Land Board TO make inves-
IN of the character of such lands,
hat they did not make such inves-
F2ns, but that they relied solely
:.e representations of persons pro-
~ by the defendants as to the char
of the lands; that such persons
Fsinterested and biased and acted
|g1 and fraudulently. 1t is then re-
Hithat the president and secretary
State Land Board, in the supposed
FINANCE Of their duties, appointed
|t,nts of the State board to investi-
> the very persons who were ap-
IT'S for the lands, and agents for
J sfendants.
sthe same time it is set forth that
-sme officials, to procure said land.
y affidavit "that we have caused
nds mentioned TO be carefully ex-
I'd by agents and employees of the
as TO their mineral or agricultural
[aiter" and that this portion Of the
IYlt was false. The charge is made
Fhen the affidavit was made with
le knowledge that the lands were
! ,ially non-mineral that the allega-
P'was untrue. It IS charged that
y the officers Of the State Land
declared that the lands were
q Tor the State that the allega-
Zas untrue for the reason that they
Fyready bargained the lands TO de-
!. ats agents.
h 5hould Have Been on Guard.
q strong allegation is also made
b the occupation of Robert For
y who is a geologist, and his con-
.rt,n with the company, was sufficient
' 81 the State officials upon inquiry
q satisfy them that the applicants,
M,m Mr.. FORESTER was one, had no
!, dtural intention Other persons
= who made such examinations.
faRtions and alleged fraudulent pur
are Clarence b. Sprague, Sarah
iySl, Edwin l.. Carpenter and John
5 1son, Jane Forester, May Kim
Eharles Mostyn Owen and VIII
|6I. Myers.
eiw passed in 1854, which is al.
20 be still in effect, being section
'cpf the revisited statutes, is set forth
bcestates that where title is acquired
4 ihe Government that is not OF a
|d Ter contemplated by the law, such
become null and void
asked that the titles be set
stpoth on account Of fraud and by
'pft OF the character Of the lands.
| III bills are all signed by William
|ibeody, Acknowledgment Of the
- States; Hiram L. Booth, United
,sNDistrlct Attorney, and by NJ. G..
ss1and Fred A, Maynard Of the De
y mt OF Justice of counsel,
What Is Alleged.
setion against the Utah Fuel COM
Inc