Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-02-09
STATES RIGHTS IN
TRACTS OF COAL
Legislative Committee Would
Test Matter in the Fed
eral Courts.
RECOMMEND APPROPRIATION.
Would Set Aside $1,000 to Hire Law
yers and oppose Effort of Govern
ment to Regain Control.

The matter Of testing Utahs claim
to coal lands in the state, to which an
attempt has been made to pass title to
private individuals. viii come before
the legislature Monday.
The special Joint committee to inves-
tlgate with view Of determining what
II were best to do. has prepared It's re-
port, and according to the committees
findings Utah should hire lawyers and
go to court, The report wants the
sum of 5000 appropriated to pay for
fighting the government back In its eff
fort to lnvaldate titles. The report,
which is prepared in response to a sug-
gestlon to the legislature from Gov.
Cutler, follows:
Salt Lake City Utah, Feb. Z. 1907.
Honorable stephen II. Love, President
Of the Senate, and Honorable Harry
5. Joseph, Speaker of the House;
Your special Joint committee, ap.
pointed TO inquire into the status OF
the states title to certain coal lands
granted to the state by the enabling
act, beg leave to submit the following
statement Of Facts and recommends
tons:
In 1904 the state board of land COM
missoners entered into a contract to
sell to George I. Badger certain lands.
which according to the numbers of the
respective sections, are school lands
within the meaning OF the enabling act.
This contract was later transferred to
Mr. Arthur Sweet and by him it was
carried out. On Jan. 4. 1907 Mr.. Sweet
made his last payment. Having per-
formed completely his part OF the con-
tract, he requested that patent for the
land be issued to him. The state did
not, and has not, issued the patent for
this land, for the reason that the gov
eminent. through its attorney. inter-
vened and asked that 1t be not granted.
The government made this request on
the ground that the intent of the en-
abling act was not to give to the state,
for school purposes, land, the chief
value of which consists in its mineral
deposits, but that wherever lands are
found to contain mineral. the state
has no authority TO sell them.
THE TEST CASE.
4 complaint has been filed in the
circuit court of the United States, by
Charles j. Bonaparte, attorney gem
eral of the United States, Hyrum L.
Booth, United States attorney for the
district of Utah, assistant counsel,
state with Mr.. Badger transferred by
him to Mr.. Sweet, be declared void,
and that 1t be surrendered for cancel
lation. and that Mr.. Sweet be directed
TO surrender up to the State of Utah
all contracts and agreements had with
the State of Utah for the purchase Of
any of the lands involved. This suit Is
now pending.
Questions of vital interest to the
state are involved in this case. If the
courts decided adversely to Mr..
Sweet, the states title to thousands of
acres of coal land, granted to 1t by
He enabling act. will be in dispute.
on large areas of this land there are
out-croppings OF coal. the existence Of
which was known at the time of state
hood-at the time when the state )
title TO said lands vested, If at all.
SIMILAR CASES.
Much of this land is of the same
character as that contracted for by
MIR. Sweet So. II the courts decide
that Mr. Sweet is not entitled to Il
he contracted for was never held by
the state. then other contracts en-
tered into with the state for similar
lands VIII be in danger of being an
! nuled.
The decision in the Sweet case will
settle these important questions
! First the character Of lands which
| the state can hold under the grant
! of the enabling act.
Second. how the character of these
| lands Is TO be determined.
In view of the foregoing facts, Il
| Is vitality important To the state that
| an absolutely correct decision be had
! I'm the Sweet case. To the end that
! such "A decision may be obtained, We
| are OF the opinion that the state
should take steps TO assist Mr. Sweet
| I'm making his defense. This defense
| should he conducted under the direc-
ton OF the attorney general and the
| state land board.
STATE TO FIGHT.
The case now pending in the cir
| cult court win in all probability be
| appealed TO the supreme court of the
| United states before the questions In
| dispute are finally decided. 1t will be
| necessary 10 secure expert witnesses
to give testimony In the case. The
| expenses Of these witnesses VIII have
TO be met and their services paid
for Moreover the attorney general
will be under the necessity Of em-
blowing special counsel In the case,
as his regular duties will not permit
him 10 represent the state personally
We therefore recommend that an
appropriation Of 5000 be made 70
| be used under the direction OF the
attorney general. In employing eN-
pert witnesses and special counsel.
We recommend the passage OF a
bill. which shall embody the intent OF
the foregoing recommendations.
Respectfully submitted,
NEPHI Y. s, c. JENSEN
Chairman