Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-04-03
ARGUMENTS IN
COAL LAND CASES
1t Looks as Though it viii be
Months Before Outcome
Win be Known.
GOVERNMENTS INNING TODAY.
Judge Marshall OF Federal Court Lis
tens 10 Both Sides--LengthS
Brief of Defense Filed.

The end of the coal land controversy.
as represented by the case against
Messrs. Don c. Robbins, c. NJ, Freed, i.
W. Senior and w g. Filler. is by no
means in sight. 1t may be months be-
fore the outcome Is known, even as per-
tanning 10 the local courts and if Ihe
matters are carried from one judicial
body 10 another, as is usually the case,
II may be years before final adjudica-
ton is reached.
An day yesterday argument was in
progress before Judge Marshall in the
federal court. The greater portion of
the time was consumed by Judge John
NJ yvaldron of Denver who repre- sents
the defendants as a body G., s. Narian,
counsel for Mr. Freed. filled up the
short gap between the conclusion of Mr..
Waldron's adde's and the adjournment
of court at s p m
Judge Waldrpn attacked the wording
of the indictment. snd coitepded that
there We're no elements OF "1raud'' in
the things alleged to have been done by
his clients. 1t was not charged against
them that they OF any OF them had
made any Illegal entries of coal lands
The most that could be said of the de-
PENDANTS WAS that they had made pur-
chases OF lands secured leei tlmately by
individuals.
Mr. Varlan followed in q brief argu-
ment against the indictment, claim
ing THAI 1t did not specify a criminal Of
Tense. Adjournment came before the
attorneys for complainant had an in
nings.
Promptly at 10 O'Clock this morning
Dist. Atty. II. F.. Booth began his argu-
rnent, speaking for one hour Much of
the address was taken up In the read
ing of cases bearing upon the two
points raised In the demurrer the
meaning OF fraud and the wording OF
indictments.
MR. MAYNARD CLOSES.
Special Asst United States Atty.
Maynard closed the argument on the
pa1t of the government. He criticised
Judge Waldron for taking up SO much
of the time OF the court, and asking
where he would be a. In the United
States supreme court. where but 80 min.
utes are accorded an attorney for argu-
ment, or In the court OF Michigan, where
the time Is limited to quarter OF an
hour.
Judge Waldron retorted by saying
that he was moi gifted with the power
OF concentration as was the learned
gentlemen on the other side.
ME- Maynard attacked Judge Wald-
ron's contention that there WAS no
precedent TO the case al bar, by say
Ing that few years ago this region
was Inhabited only by Indians and
Wild animals Conditions are now en-
tirely different. and It becomes the
duty of the goYernm ent TO protect
from coal monOpolies increasing mil
lions OF It's citizens Justice Waite WAS
quoted by Mr. Maynard as having said
shat 1T Is n OF a matter of importance
that precedent cannot be found. The
question to be determined was had
the government been defranded In the
matter Of tho occurring OF 1000 acres
OF coal lands, when the law govern
lug the matter plainly stated that am
individual might secure not to exceed
l60 while corporations could lawfully
obtain $50 acres and Ia no Instance
more than 6AO acrcs2 The answer
to this query, he said wns important,
as similar cases to the one at bar were
pending In four states Of The Union.
Judge Waldron had tho closing ar
sument. and he had barely started
when court took a recess until 9
o'clock this afternoon. at which time
he resumed his remarks A lengthy
brief has been filed by tho defen So,
and the prosecution was given n period
OF 80 days In which 10 hle a brief on
their part, and while the arguments
VIII he closed today, the decision OF
Judge Marshall cannot be looked for
until after the expiration of the 80
days