The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-11-28
UTAH UNIVERSITY
GETS MILLIONS
Suit Involving Saline Lands Is
Decided in Favor of State
Institution.
HINGES ON FEDERAL GRANT
MoNTELlO SALT COMPANY
FAILS TO ESTABLISH CLAIM.

BY reason of the decision handed
down yesterday by the supreme court,
the University of Utah becomes one of
the most richly endowed educational in
stltutions in the United States At the
least calculation. the decision rendered
yesterday gives the university saline
lands whose value runs into the mil
mons. Even at the lowest figure that
mas ever been mentioned in connection
with salt-10 cents a ton-the university
viii get more than $1,000, 900
The decision of the supreme court de-
clares that the state of Utah. under its
enabling act, is the owner of the salt
lands in Tooele county, to which the
Montello Salt company attempted to set
up and maintain an adverse claim.
These lands are about 100 hundred miles
west of Salt Lake City. In area they
are about sixty miles, and the depth of
the deposit of salt varies from one to
eight feet. When the Western Pacific
line was building through the territory
the engineers not infrequently encoun-
tered salt bodies seven feet deep. II is
estimated that there are 1,280.000 tons of
salt to the square mile
1t is said that the salt is of superior
quality and free from dirt and ex-
traneous elements. The deposits are in
the Great American desert and are cut
Oy the w eStern Pdcif1c line.
The Point in Controversy.
About eight months ago the state of
Utah. by its attorney general. brought
suit in the district court to restrain the
Montello company from taking up the
land and removing the salt, as they
threatened to do. The state alleged
that, under the enabling act, the COM
monwealth was entitled TO the saline
lands within the state in addition to the
10000 acres of land, agricultural III
character, which that act bestowed for
university purposes. The defendants. in
their answer, maintained that the state.
having already selected 10000 acres of
land under the enabling act, * was en-
titled to no more, and that the enabling
act expressly stated that saline lands
should be included in the 10000 acres.
The defendant claimed that the title to
the lands rested in the government. and
that it, the defendant, had the right to
take up the ground under the law gov
erning placer locations.
States Demurrer Sustained.
The state demurred to the answer of
the defendant. and the demurrer was
sustained by Judge George G. Arm
strong. From this decision an appeal
was taken, and this is the appeal which
was decided yesterday.
In reviewing the case the supreme
court says that at the time the en-.
abling act was passed the lands were
covered with soil and salt was not dis
covered until November, 1906.
The whole question at issue was the
Interpretation to be placed upon section
s of the enabling act. That act reads
as follows:
Land Grant to University and Agri-
cultural College. Permanent Fund
That lands to the extent of two town.
ships in quantity. authorized by the
third section of the act of Feb. p. 1855,
to be reserved to the establishment of
the University of Utah, are hereby
granted to the state of Utah for uni
versity purposes, TO be held and used
in accordance with the provisions of this
section; and any portion of said lands
that may not have been selected by said
territory may be selected by said state
That in addition to the above, 10000
acres of land to be selected and located
as provided in the foregoing section of
this act. AND INCLUDING ALL SA-
LINE LANDS IN SAID STATE. are
hereby granted to said state. for the
use of said university, and 100000 acres
for the use of an agricultural college
therein. That the proceeds of the sale
of said lands, or any portion thereof,
shall constitute permanent funds, to be
safely invested and held by said state,
and the income thereof to be used ex-
clusively for the purpose of such uni
versity and agricultural college, re-
spectively."
Hinges on Definition.
The definition OF the words land in
GLIDING is exhaustively gone into by the
supreme court, various dictionaries
being given as to the meaning 81 the
word Including embracing
or additional. Numerous authorities on
this head are also cited. The word