The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-14
MAY QUASH THE
COAL INDICTMENTS
Federal Commission to InVeSti-
gate Criminal Cases Pend
ing in Salt Lake.
TO END COAL LAND DISPUTE
BODY HAS POWER TO DISMISS OR
PROSECUTE LAND CASES.

federal investigation into the GRIM
inal proceedings growing out of land mat
teTs that is expected to clear the cOntro-
Versy between the state and the federal
government concerning the disposition of
public lands. will begin this week. A com
mission composed of District Attorney
Booth, George a Hair, United States
land agent at Salt Lake. and a representa-
tive of the department of justice, probably
Captain Harris, who Is N Salt Lake at
present viii go over all pending cases
growing out of land disputes. The inquiry
into the Salt Lake cases will be a test that
viii be followed in other parts of the
country and will determine what other in
designations shall be made by the govern
ment.
The commission will take uD all cases
now pending and report whether they
should be dismissed as Of no Importance,
prosecuted or be subjected to further in
veSugatiOn. This course, it is expected,
will serve to clear the dOckets of the dis
trict attorneys here and elsewhere where
land prosecutions have been started and
will go long way toward ending the dis
pute between the different states and the
government
investigation to Start This Week.
Word that the investigation had been
ordered was received in Salt Lake yeSter-
day from Washington. District Attorney
Booth. who will be one of the commission,
said that he had received no formal in
structiOns from Washington TO take up
the investigation, but added that he eX
pected such word would be received at
once. Captain Harris, who IT is thought
will represent the attorney general in the
investigation of the cases, is in Salt Lake
conducting an investigation of the office
OF the clerk OF the federal court This is
the annual investigation of the office. The
representative of the federal land office
will be George A Hair, land agent here
or one of his assistants
The investigation ordered is a direct re-
suit OF the visit to Utah Of Secretary Of
the Interior Garfield, and was fully fore
casted in The Herald at that time. After
this visit the government determined upon
an Immediate policy which would do much
TO relieve the situation. Although other
states have had their land troubles, Utah
was considered the best state il which
to carry on an investigation which will
be used as a criterion for the other dis
uicts TO Follow.
Government Willing to Compromise.
The coming investigation will, it is ex-
pected, result IN an amicable settlement
OF the disputes. \ disposition has been
shown by the gOVerLmen as announced
in The Herald on June >, TO Quash the in
dictments which were voted against sew
eral prominent Utah citizens charging con-
sptraCy in purchasing known coal lands
as agricultural land. The second move will
be to drop the civil suits to secure the re-
turn of the coal lands and in addition to
this all selection of lands by the state
where it is proved that It was not known
that they were coal lands viii be con-
firTned.
That this policy is likely Of adoption is
shown by the fact that the commission
Will have the power TO make three recon-
mendabOns after their investigation. The
first Will be to report that the case should
be dismissed as of no Importance, second.
whether it should be prosecuted or not,
and third, as to whether investigation
shall be made as to what final disposition
shall be made of it.
The federal court in this district now
has before It a large number of cases, both
criminal and civil, growing out of the
coal lands dispute. The action brought by
the government was based upon the as
sumption that lands bought from the
state were known to be coal lands and
should be returned to the government.
The defense Of the state and of the in
dividualS interested was that the land was
not known to be coal land IL showed no
surface indications Of it at the time of
purchase, and that the government should
confirm the sale. The visit Of Secretary
Garfield to Utah resulted in several con-
ferences between r. A Ballinger, commits
sfoner of the general land office, and
prominent Utah citizens, and it was an
nounced later THAI Mr.. Garfield had shown
an inclination to take the view adopted by
the state in the matter. The position of
carried out by the special commission,
seemed TO be that where the lands were
bought In good faith and later proved to
be coal lands. that no action would be
taken.
This policy will allow the commission
10 carefully investigate each case now
pending before the courts and recommend
that all that come under this classified
ton be dismissed
Criminal Cases to Come First.
Although the present commission will
interest itself mainly with the criminal
cases now pending it is thought that as
an immediate result the government land
office at Washington will soon take same
action concerning the application Of citi-
Zens to the state land board for the pur-
chase of land under selections from the
government. For the past two years these
Applications have been held up by the
government, but it is said that the de
partment of the interior has indicated that
il will take up these applications at once.
Just when the commission, will start its
work Mr.. Booth could not say yesterday.
Captain Harris has about completed his
work in the clerks office and il is ex-
pected that ne will confer with Mr. Booth
and Mr. Hair and be ready to take up
the land matter this week. A weeks time
will be necessary TO go over all cases for