Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-22
UNCLE SAM AFTER
UTAH COAL LANDS
First Gun Fired in the Federal
Court Today With Filing
Of Test Suit.
ARTHUR SWEET, DEFENDANT.
Case Involves the Ownership OF go
Acres OF Land Purchased From
Tile State.

suit was today filed IN the federal
court, in which the United States is
complainant and Arthur A. Sweet de-
PENDANT and which involves the owner
ship Of $40 acres OF land, said to contain
large deposits of coal. The case is an
aftermath of the Investigations con-
Quoted by the Interstate commerce
commission and the federal grand Jury.
1t is hinted that this is but the initial
along the same lines. 1t is further be-
lleved that 1t was brought at this time
Tor the purpose of determining the e&-
act status OF lands containing coal and
winch nave been disposed of by the
state under supposed grants made to
IL py the general government. The
movement bids fair to set aside the
title TO many thousand acres of min
erai lands which have passed to indi-
yiauals and corporations, and which. IL
1ihe allegations are proved, VIII restore
i vast areas TO the government.
sir. Sweet is an attorney and promot-
err with offices in the ID. r. Walker
building. During the late session of
the interstate commerce commission
here he was witness before that body
The complaint filed today is a civil ae-
Sweet appear before it and that he be
required to abide by any such decree
as may be made In the premises.
THE ALLEGATIONS.
The allegations in substance are as
follows:
That Arthur A. Sweet is a citizen and
resident or Salt Lake City in the State
of Utah; that the suit is brought under
lrsta 90 ID.
attorney general of the United States:
that the complainant was and now is
the owner in fee and entitled to the
possession of certain land situated In
Carbon county, Utah. TOWN., all OF sec
ton SO in township 10 south, range
east OF salt Lake meridian, contain,
Ing $40 acres; that all OF said land was
vacant, unreserved and unappropriated,
rough and unbroken and unfit for agri-
cultural purposes and of slight, II any,
utility or value for grazing purposes;
that all of said lands at said time were
well known coal lands, chiefly valuable
for the coal deposits contained therein:
that because of the well known deposits
OF coal thereon, the land was well
worth $4,000. The fact of Utah's ad-
mission to the Union on July 10, 1894. is
then recited, with "A statement that the
new state received from the govern
ment as school grants sections 9. l6, 80
and SO In every township; but that II
was not Intended that the section de-
scribed in the suit filed today should
be thus included, for the reason that 1t
was well known at the time that the
land contained deposits OF coal, aud
the same, with all other such lands
did not pass to the state.
II Is then further reclted that the
Utah legislature IN 1896 created "A board
Of land commissioners. for the regula-
tion OF state lands that on the 9Th day
of November. 1904. the president OF said
board, Heber NJ, Wells and the secre-
tary thereof. BYRON Groo. entered into
contract with one George r. Badger,
wherein the state agreed TO sell 10 said
Badger the section OF land In question.
for the sum of $4,000. 10 be paid one
tenth purchase price cash in hand AMI
the balance I'm ten equal annual pay
ments. That on Dec, 20, 1906, for the
sum of 81. said George r. Badger sold
and transferred the said land TO Arthur
A. sweet. II Is contended In the com
plant that the state had no right, title
or interest whatever In the land and
had no power 10 enter into the con-
tract mentioned: ana II is asked thai
the court adjudge and decree thai
neither George n. Badger nor Arthur
A. Sweet has acquired any title 10 the |
said lands, and that tho contract and |
all subsequent action be declared null |
ana void. Further, that Arthur A. |
Sweet be directed 10 surrender up all |
contracts for the purchase of said |
lands, and that he appear IN court Oh
dato 10 be set and be required 10 |
abide by such decree as the court may |
make.
The complaint "a signed by Charles |
j. Bonaparte, Hiram r. Boothe, NJ. G. |
Bunch and Fred a. Maynard.