The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1908-11-28
Words That Cut Figure.

cluding - .'Thc essential difference be
tween the parties to this CONTROVERSY, -
the opinion handed down Friday says,
" As TO the meaning to be given 10 this
section, arises over the clause;'
That. In addition TO the above. 10000
as provided in the foregoing section OF
this act and including all the saline lands
In said state, are hereby granted TO said
state, for the use OF said university. and
200. 900 acres for the use OF an agrlcul-
tural college therein,
The salt company contends that the
additional lands granted by that clause
to the state for the use Of the uni
versity is only 10000 acres. and that
whatever saline lands are claimed by
the state must be included in the no.
900 acres, and inasmuch as the state
has already located and entered upon
10000 acres for the use of the uni
versity it is not entitled to the saline
lands in question because IL did not
select or locate them.
The contention of the state is that
the additional lands granted it under
the enabling act are the 10000 acres
and all saline lands in its borders be
sides. and inasmuch as all saline lands
were granted to it by the enabling act
no selection or location was necessary.
Tho supreme court, in its opinion
handed down Friday, supports this con
tention-
Ii Will be observed that with either
word, "and" or ''iDcluding, stricken
out the meaning would be perfectly
obvious. With the first word stricken
ont the states position would be up-
fenable and with the second word
omitted the salt company would be IN
the same fix.
Lower Court Affirmed.
Tbe case came to the supreme court
on an appeal by the salt company from
Judge Armstrong; division Of the third
district court. Alleging that the lands
in question came 10 the state under the
enabling act and that the 9efendanG
ugron cfully entered upon and threatened
20 rnmove tberefrom valuable saline de-
,,oeifs 10 the irreparable damage OF
i-fab tbe state asked for an injunction
r.stTninino the salt company from re-
Tovino tho deposits. The salt company
answered, admitting that the lands were
valuable. but only for SALINE purposes,
md setting out that they were not IN
cjudc3 in The selections and locations
nct for university purposes. The legal
gitle 10 thr lands, il was further con
.nn5.d rested in the United States.
frt tI,at the defendant was The cqvlt-
.i,ic owner and entitled 10 the posses
s,oH nf tho lands by virtue Of the loca-
tione made bv ITS grantors as saline
io,Jq under the placer claims act OF
t5a United States The trial court sus-
tained inc states demurrer TO tue m,
s~-er and the salt company appealed
ofier Judgment had been entered IN
favor OF the state.
the adverse opinion Of tic supreme
co,,rt Friday 80 the salt con7nany does
nof mean tho final dlsUosit!on of the
cose a1 hut IL merely signifies that " IS
the last step but one in its disposition,
Tbcre is too much 1T stake and the salt
company Will now carry the case 10
fbc Tinted states supreme court, the
biahest trihuna! IN the land: for a final
opinion. mon Judge ". l. Magippis Of o.
OGDEN, one of the counsel Tor the salt
comnanv. said Friday night that an
sffoTr will be made 10 get, the court
20 advance the case, III which event
/ i NAV be heard next sPring.
"NIillions in 1t.
Tho whole state, likewise the salt
,r,,p will nuxiouslv await the final dIs-
nnsif;ou of the case. In the meantime
he salt company, with ITS approNl7
m9.ei- 1000 stockholders, IS epjo'ncd
Continued on Page Two.