The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-23

EDGE WOODS ORDER
N NOTED LAND CASE
BY C. E. ARNEY,
'pccial to The Tribune.

Special to The Tribune
BOISE, Idaho. May 22.-Judcc Fremont
Wood mas asked the respective attorneys
10 the suit of the Payctte Lumber com
pany case vs.. the State OF Idaho to ap-
pear and rearEue this case on the twenty
eighth Of this month as 10 the court 5
jurisdiction Ia enter judgment under the
decision heretofore entered in this action.
The questions of Jurisdiction which the
court asks the respective attorneys to this
action 20 present 10 him are two in
number. First. whether or not Manager
Hoover, OF the said lumber company. by
virtue OF his said bIG and without any
payment thereon, and without certificate
being Issued, had such nm interest i'm the
land involved as would enttlc him 10
maintain this action or any other action
against the state OF Idaho; and second.
has the attorney general In his own right
without the direction OF the state land
board. power TO stipulatc the submission
or the controversy involved in this pro-
CeedinC.
In his decision the court held that the
state had the right 10 sell the fun acre
previously purchased the timber Gin the
year 1902. without regard 10 the sale
during the particular year OF the twenty
five sections. which. he holds. applies only
10 sections is and SO. and TO stale univer-
sity grant lands; and other minor points
which arc clearly the law as intended by
the trainers of our state constitution.
One of Many.
This is the case that came TO light as
one Of the many questionable proceedings
following the recent exposure OF the sys-
tom in The state land department OF which
the deposed Register Church was an in
significant part.
The attorney generals connections with
this whole matter arc strilIingly suspic-
iouS. II will be remembered that about
last August State Land Appraiser Nor
YnG hoy tt.aiE Fss,fl l,R 20 flan ffff~ Rf
secretary Of state and asked by Attorney
General McDougall. in the presence of the
secretary Of state. 10 place an appraise-
ment of ten dollars an acre on this land
on which the timber OF the Payette LUm-
her company was standing. With the as
surance on the part OF tho appraiser that
the matter would be attended to- the at
torney general for the time being. evi-
IDENTITY dismissed the matter from his
mind.
Guarding himself with BETTING caution
the appraiser made changes in the regu-
lar affidavit. eliminating that portion OF
II which stated that he had viewed each
legal subdivision" and also the one stat
ing that he had personally Inspected"
The land. It was probably discovered by
the legal department OF the state OF Ida
no that Belcher had protected himself in
this affidavit: at any rate, II was soon
after the transaction above mentioned
that ii came 10 the appraiser that his
political Job was not OF long duration.
Accordingly. ne rendered his resignation
TO tho board 10 ta[e effect the first OF
the present year II is a significant fact
that the attorney general filled this va
cancy with a Mormon from his own Coun-
~; relative Of his client, George G.
Parkinson. who Is n member OF the state
central committee OF the Republican party
Of Idaho, and 4 notorious. plundering
fhief
The Stipulation.
The next step taken In this attempted
disposal by The legal department OF Ida
no Of this vast acreage OF more than
5000 acres OF state school fund land wa
the appearance OF the attorneys assis
tant--the same assistant which had in
part been given contract for the Med
bury Carey act project by the state land
board, OF which his superior officer is
a member-in the district court of this
county. where he stipulated his agree
mcnt Of both the law and the facts with
the attorneys in this case for the Pay
cite Lumber company
II must he cruelty aggravatinS for the
profound head OF the states law depart
ment. who deals so cautiously in the
majesty OF the law" 10 be called be
fore this court Of record 10 defend
against charge Of usurping a function
OF his Office. 1t viii be Of more than
passing interest 10 the people OF the
state 10 see what legal account he may
give OF his official conduct In this en-
tirely suspicious transaction.
This Is an entire administration deal. |
Aside from the board which authorized
tho sale. the Idaho representative OF the
Payettc Lumber company. Mr.. Hoover. Is
a jHtUtDtT VI SpNHIUCE i1EduS = SAdH.
Afterclap of Thunder.
This story comes as an afterclap Of
thunder from the recent meeting Of the
State And-Saloon congress. II is said
that very adroit resolution was care
fully prepared. and placed in the hands
~ member Of the resolution commit
tee. indorsinE Governor Brady on account
uC his firm stand for prohibition. FOR re-
election as governor at this falls elec-
tion This resolution was presented 10
the committee and read, but objected 10
by Il North idaho minister member Of
the commttee-in such language that
ihe committee saw the approach OF such
q storm on the floor OF the congress I'm
the event OF its preservation, that the pro-
motcrs OF the plan abandoned the idea
This story harmonized with n previous
suggestion that this meeting was OF po-
lltical origin. and that. with all defer
cnce 10 the high morals OF the rank and
Gle OF the participants. it was failure
as political effort.