The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-04
FUEL COMPANIES
ENTER A DEFENSE
Reply to Complaints In Govern
fnent'S Suits to Recover
Coal Lands.
DENY CONSPIRACY CHARGE
CASES MAY BE TRIED IN THE
FALL TERM.

Answers in the civil suits OF the coal
land scandal were filed in the federal
court yesterday afternoon by the Utah
Fusl company and the Pleasant Valley
Coal company against whom action was
Drought by tbs government to regain pos
session OF the coal lands In Utah owned
by these companies. The contention Of the
government is that these lands selected
by the state from the government were
mineral lands and that the state has no
rAsnt 70 transfer the titls TO mineral lands
masfnnch as the grant contemplates only
agricultural lands.
40 the original complaints the coal COM
pazaes demurred, but In a sweeping deci-
4o1 these demuFrers were Overruled by
Judge Marshall on January last This
oeosNcn upheld the proposition that the
STATE had no right 10 the mineral lands
within It's borders. By this action the de-
reuoants were forced TO file an answer
20 ths complaints. which was done yes
terday.
Five Answers Filled.
Five snsvers were filed three by the
EseA1t Valley company and two by the
Utah Fuel company. The answers we're
vcauminous documents each containing
over 100 typewriter pages. -Four OF the
suits were brought in equity and one in
onsncery- The Morton Trust company
waa also named as a defendant in four
Of tne cases. the fifth case was in chan
oery and the Pleasant Valley Coal COM
psny was the only defendant named in
this case.
In this case the answer filed By the
Pleasant Valley Coal company denies that
the court has jurisdiction IN the case be-
earSe OF the fact that the Morton Trust
company was not made defendant in
the suit and that 40 action could be
brought unless this was done. The an
swers however, also advises the court that
the land acquired IN an alleged fraudulent
manner was acquired on July 8, 1900, and
that more than six years have since
elapsed making q suit impossible under
the statutes of limitations. Hence a dis
misnal Is asked for.
The answer also denies any conspiracy
q fraud In connection with the acquiring
az these lands ard sets forth as a fact
that much of this land contained no min
erai deposits and was agricultural and
grazing land Two more answers were
filed By the Pleasant Valley Coal com
pany IN cases in which the Morton Trust
company was also named as defendant
10 the action brought. In these cases the
Pleasant Valley Coal company denies that
there was any fraud or conspiracy or that
the land was filed on and purchased by
anyone with the connivance of any agents
Utah Fuel company's Answer.
The Utah Fuel company in its answers
20 two similar suits brought by the gov
eminent against this company and the
Morton Trust company denied any con-
spiracy to defraud the government and
asks q dismissal of the cases pending
The answer also set forth that the federal
court here had no jurisdiction in the
cases. as the company was organized I'M
der the laws OF New Jersey and was
therefore citizen of that state, and suit
could only be brought against il in that
stats. This latter point was passed upon
BIZ Judge Marshall in his decision on the
dcmurrers OF the companies and was de-
cided unfavorably to the Utah Fuel COM
pany. The company incorporated this
point into their answers, however, in or
der that they might not waive any rights
In this respect in case of an appeal.
Attorneys D. NJ Ritter, Z. NJ. Allison,
WaldemaF Van Colt. John NJ. Zane and
Eiroy N. Clarke appeared for both COM
psniss In the actions. The cases will, in
all probability. be continued until the fall
term for trial.