Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-14
MORTON TRUST CO.
FILES ITS ANSWER
Important Documents Placed on
Record in u. S. District
Court Today.
COVERING SIXTY-0NE PAGES.


\ very important document was fled
this afternoon in the United States
circuit court IN the form of the separ-
ate answer OF the Morton Trust COM
pany TO the complaint and amendment
in the case If the United States of
America against the Pleasant Valley
Coal company the Utah Fuel company
and the Morton Trust company.
II viii be remembered that suit was
Instituted by the government some
months ago against the defendant COM
penles, alleging that they had fraudu-
lently come into possession OF certain
coal lands In southeastern Utah That
49, That the Pleasant Valley Coal COM
pany and the Utah Fuel company had
Illegally secured title 10 The lands IN
question. and the Morton Trust COM
pany WAS made party to the action
because OF the fact that It held mort
gage on the lands for money advanced
to the companies named
FOUR BILLS IN EQUITY.
Bills in equity were filed In The fed.
eral court, two against the Pleasant
valley Coal company and two against
ti'' tan Fuel company anl IN the four
inc Morton Trust company figures as Il
co-defendant The bills are numbered
So'' SOY Sbe ana $40, the even numbers
being against the T. V. Coal cnunnn,,,
and the Morton Trust oornpanv ana tbs
Odd numbers being versus the Utah
fuel company and the Morton Trust
cor pahy. IN each instance there are
TWO phases 10 the complaint The FIRST
alleges that individuals. at the instance
or defendants, secured title TO coal
anus WIN the intention OF turning over
sdla lands 10 the aforesaid companies
gYth Fl
The other allegation is to the effect
mat the fuel company and the coal
company secured possession. from
IuuiVluuais' OF coal lands that had been
acquired by such individuals under
IaIse pretenses. to-Wit, that tine Utah
state land board had been advised that
the SAID lands contained no minerals
and We're fit only for gruz ing or agri-
cultural purposes whereupon. the
state was induced to make choice of
Such tracts under the provisions of
the grants made TO il by the governs
ment' and in turn sold to individuals
Whefeupon the latter turned the ac-
CURED acreage over to the fuel COM
panF and coal company, knowing full
Wei that the lands contained minerals
ana could not be secured lawfully I'm
the manner Inv which they had come
into possession OF them.
THREE LINES or DEFENSE.
AS before stated, the papers filed in
the federal court today contained the
separate answer of the Morton Trust
company. The document is compos,.
OF oil closely type written pages. and
Is most carefully drawn instrument
Brleily stated, the lines of defence are
three ny number TO each of the four
pllls, NO. SOS excepted. which latter
contains but two grounds of defence.
First It is denied by the Morton
trust company that there was any
fraud Whatsoever in the acquisition
OF the lands in question by the Pleas
ant NalIey Coal company and the
tan Fuel company upon which
lands the Morton company holds n
trust deed.
second. 1t is maintained that even
II there We're elements OF fraud In the
acquiring of title, such a condition
does not affect the trust company, as
u was an entirely innocent party I'm
me transaction that led UP 10 the
trust deed being given by the Fuel
SSy,IlPany ana the coal company TO the
Morton Trust company.
Third, in all the bills, excepting No
sos affecting the Pleasant Valley Coal
company and the Morton Trust com
phny. the statute OF limitation Is set
up. This ground of defense does NOT
apply to No. SOS.
The attorneys for the Morton Trust
company are Brunson Winthrop OF
NeW YORK, and MeSsrs. r. w
rouhg and Ashby Snow OF this city.
fof many years Mr. Winthrop wns 81
law partner Of Hon. Elihu R6ot and
me partnership existed up TO tho
ume that the latter entered the cahi-
States, '''eo