Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-12-25

! subsequent to that time. except in
a casual way. 1 received no considera-
ton for such services from Mr..
Garrett. the Great Western Sugar
Beet company OF anyone else. When a
man would come Into my office and
ask my advice about something. If
1 knew / would tell him, just the
same as 1 would tell anybody
WILL APPEAL BARBER CASE
What was announced yesterday as
the end of the long drawn-out trial
OF the Barber Lumber company cases
appears now to be only the beginning
of more trouble. According to the
decision of Judge Bean of the oregon
district. called to hear the Indictments
In this district. practically all con-
cerned considered the case would never
come to trial, there being but two
charges, practically, under which the
case might come to trial, and one of
these was partially annulled by the de-
cision Out of four counts returned
three were dismissed by Judge Dietrich,
at former hearing. Judge Beans
decision was on the fourth count, in
which he sustained the demurrer and
pleas in abatement. By agreement of
counsel the first three counts were
thrown out With this apparently.
weak framework to stand on. the gov
ernmcnt has ordered an appeal from
Judge Beams decision on the fourth
count. which charges the Barber Lum
ber company. or more particularly,
James T. Barber and Sumner G. Moon,
with conspiracy with intent to de-
fraud the government out of valuable
timber lands.
The fourth count involves between
Go and 10 alleged illegal entries, but
was barred by Judge Wood who up
held the statute of limitations. His
ruling was favorable to the govern
ment on the first and third counts and
the second count was immaterial
This case has n very interesting his
tory. 1t includes in its chapters the
arraignment of United States sena-
tor, the oustlng of a United States
district attorney. the Indictment of O.
former state attorney general. and the
prosecution of numerous prominent
citizens: and the last chapter is not
yet written.
THE MARBLE CREEK CASE
The supreme court heard arguments
on Tuesday on the writ of prohibition
submitted by William Balderston to
prevent the REIMBURSEMENT by the
state OF school lands lying in Shoshone
county valued at from S750,000 to 81, ,0o0,-
WV. iio iS lIlc
ble Creek case, about which so much
comment pro and con is heard at
the present time In all parts of the
state, especially in the northern part.
recommended by an act of the leglsla-
ture, which appointed q committee to
investigate and report the conditions
Ihis committee has executed its duty in
this respect and submitted a report rec
omnending the REIMBURSEMENT to the
settlers of timber lands valued in the
sum above stated
The contention OF the attorneys for
Mr.. Balderston and the entrymen is
that the state Is merely trustee for
the public schools and educational In
stitutions of the state and that the land
board, therefore. has no power to exer-
else such authority as the resolution at
tempts to confer-that the state cannot
make gift to the settlers of the lands
in question.
The states attorneys argued that the
title to the lands had not passed to
the state and the resolution by the
legislature is recommendatory to the
stnte land board, and, therefore, any
action taken by the board Is in exercise
of its administrative discretion and
not subject to judicial control
Attorneys for tho entrymen were
granted II days in which TO file briefs,
so the case cannot be decided until
after the expiration OF that time
GOV. BRADY PLAYS SANTA CLAUS.
Gov. Brady acted as Santa Claus to
the great orphan asylums In Chicago
and was the means of providing a rare
treat for the thousands of cheerlcss lit
tie inmates. He purchased the Idaho