The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-25

talned coal and that the state never had
5ne right to pass title TO coal lands. This
decision apparently included all lands
which contain coal. whether surface in
creations revealed that fact when the Sc
lectlons were made or not.
May Retain Title.
The position Of the government now
seems 10 he that when the lands selected
were not known to he coal lands when the
selections were made. the owners may re-
tain their title through the state. but in
cases where they were known to be coal
lands at the time of their selection the
government will insist that they be sur
rendered.
At the last session Of the legislature
5000 was appropriated TO defend a suit
instituted by the government against A
\. Sweet Of Salt Lake for the return Of
coal lands purchased from the state and
situated i'm Carbon county. The state
claimed in this suit that il was not
known that when the lands were sold
thdt they contained coal deposits. as
there were no surface indications Of this
fact The government claimed that this
did not make any difference. and that so
long as they were shown to contain coal
deposits the owner must surrender them.
This attitude has now been changed and
the state probably will not have to spend
the 5000 appropriated to defenu the
case as it is quite likely that the de
partment of justice will drop this and all
similar civil actions
indictments to e Quashed
On the same grounds numerous indict-
ments were returned by the federal
grand jury last spring against prominent
citizens of Utah, charging conspiracy in
the selection of lands, and il seems to be
the only logical conclusion that when the
proper time comes these indictments will
at least in part. be nOlled
For the past two years ali applications
OF Utdh citizens TO the state land board
for the purchase of state lands under
r. from fFas
been held up at the general land office
in Washington. Secretary Garfield and
Commissioner Ballinger. it is said have
assured the state board of land commits
sioners that these applications will be
acted upon Immediately. and as evidence
of this fact the state board has lust re-
celved telegram from Washington to
the effect that the first of the applica-
tiOns to be approved will reach the state
board within few days
Will Order inspection.
In order that there may be no controyer-
sizes in the future in regard to coal lands
the government will order an inspection
of all public lands remaining in Utah
under the school grant and will segre-
gate coal from agricultural lands An
plicatiOns for all lands designated as ag-
rlcultural Will be approved as soon as
they are sent in. and the government will
take back all lands found to contain
coal These viii be sold to all appli-
cants at the regular rates for such prop
critics. The withdrawal of coal lands
made year ago is to be rescinded.
This means that the independent coal
companies which have been complaining
because now that the federal rate law
gives them chance to compete with the
railroad concerns, they are not able to
secure land from which to mine coal on
will be beyond danger Of this sort 1t
is further stated that any danger of a
fuel famine in future years will be re-
duced to a minimum.
eli no h.
actual promises were made by either Sec
rotary Garfield or Commissioner Bal
! linger, the program as mapped out will
no doubt be adhered to. The state board
of land commissioners. it is understood
has taken the secretary at his word and
expects that within a short time the
whole complicated situation will be
cleared up.