Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-11-28
UNIVERSITY OWNS
ALL SALINE LAND.
------------- $4,000.
Sweeping Decision Handed Down.
By the Supreme Court
Yesterday.
THE CASE MAY GO HIGHER
Counsel For Monticello Company Indi-
Gates Further Appeal-opinions
On Value Of the Deposits.

Not in a long time has the supreme
court OF Utah handed down decision
of such vast public import as that rem
dered late yesterday afternoon. mention
of which was made in the News" 1t
was In the case of the State OF Utah,
respondent, against the Mentello Salt
| company, and the ruling means that the
University of Utah Is the rightful own
or of all the public saline lands in the
state.
The status of the lands came into
question when placer entries We're made
upon a tract lying west of the Great
Salt lake, in Tooele county. Attracted
by reports circulated by engineers Of
the Western Pacific to the effect that
underlying the surface OF the ground
for n hundred miles are thick deposits
of salt, numerous entrynen rushed to
the locality. Within comparatively
short time 1900 claims had been fled
upon under the placer act, each claim
comprising 20 acres. From among the
individuals tho Montello Salt company
was formed and Incorporated.
The situation coming to the attention
of the state officials, immediate steps
We're taken to oppose the proposition,
the state claiming to be the proper
of the enabling act.
HI. LAND GRANTS.
The section relied upon to prove this
contention reads us 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. 81. 1865
1fk.l,,
the University of Utah, are hereby
granted to the State OF Utah for uni
4Sersity purposes. to be held and used
in accordance With the provisions of
this section: Sand 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 select
ed and located a provided in the ft6,-
going section of this act and including
all saline lands in said state, are here
by 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 safe
Ely invested and held by said state, and
the income thereof to be used exclusive
~ for the purpose of such university
ENTERS COURT.
The controversy quickly found its
way into the district court, the salt
company taking the ground that the
10000 allotted to the university weAe
to be made up in part Of saline lands
and that all other saline lands were
part of the public domain and as such
We're subject to entry. The trial court
E decided in, favor: Of the state and the
matter was carried to the supreme
court.
The opinion rendered yesterday was
written by Justice D. n. Straup, Chief
Justice MuCarty and Justice lfrick con 4
curing. The higher tribunal goes ex-
tensiyely into the subject, considers
the evident purpose of the trainers OF
the enabling act, and points out the
fact that the grant to the University
of Utah would be comparatively small
were it admitted that the 100000 acres
specified should be made up III part OF
sn line lands a minority report on. this
phase of the enabling act recommended
The addition. OF 5000 acres Of saline
lands to the other proposed grant, pul
Fit was rejected. obviously as being too
small The supreme court holds that
the word 'inclnding,'' meant an acre
age additional to the 10000 acres. The
suggestion is made IN the ruling that
tie ,yord IND. in the intent OF the
framers Of the enabling act, the mean
inc and scope Of the word also.
,,s,y IN, A1,pEAr.Icp
,;.., =, st;,I
That the case VIII De earned l, " ''I W,
| higher Jurisdiction, is intimatcd by
| counsel for the Monticello salt company.
Judge w l. Magiiinis 81 S ,,sSiI ~ ",
ney for the company stated =. 70 " ,i M
opinion that an appeal Weuiu pe ,''i.s,
| to the supreme court OF tie ui'teo
| States,
| While the case for me stale Mas Su,i-
Quoted in PARTLY the attorney sel,ei 8
Atty. w Q. Ritter special G1 ,l ~ iSi
| the University OF Utan. anu hial i ,il
ard w. Young. a regent OF the. ,,,l 81
| sity. were actively engaSed IN ao t,
! after the interests OF the euu e a'lo'iaii
| institution.
The lands in controversy o o., , 81
area about igo.lauts elo'. a,t, is said IA
| ~. saveraI feet in thickness. blanket
- ra,.,,,,tinn ana the amount is estimated
~ Ia ,,n,yords 81 !, o,oQO tons to the
80 m. nile ii even a nominal price
~. tnn nv. output would mean mil-
iio,s ~ dnllars to be added to the
f,,n1 for8,,niversity purposes.
~ ,yrC,S,S ylr,yv
= ~
I, The value of 40 cents u . oil ioi " ' I'VE