Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-01-29


down an opinion last saturday II ls
held that The state land bsar1 cannot
| lawf@lly Teinqulsh The 1000 acres OF
land situated In Shoshone county.
valued at $750o00. To settlers in nc-
cordaEce with recommendation Of he
legislative homestead committee. Th.s
decision of the court not only 'noIk5
the end OF what has been long and
! bitter hght hy persons claim'ng The
| land adversely to the state. but cstab-
! fishes a precedent In Idaho tlrlSpru-
| dencc.
william Bal6crstoa o. Boise insti-
| tutcd. the case against Gov. James Fl.
! Brady and other members OF the state
| land board for writ OF prohibition to
| prevent the waivlng of the states right
| to the and. The plaintin qualified IS
| a litGant with the statement that he
| was the parent OF children attending
| the public schools which would sur
| fer financial loss if the REIMBURSEMENT
| of the land as proposed should BE
made Attys Frank Wyman and b
s Grow volunteered their services in
the interest OF the cause ns couus
for the plaintiff arguing the case before
the court Atty.-Gcn. u. {. McDousall
Asst Atty.-Gen. j. Ii. Peterson. Edwin
McBee and Gray Sc Knight appe1 Ell
in opposition to the writ.
DECISION REVOLUTIONARY.
The decision was concurrcd in by all
three judges and Is considered revolu-
tioDary to practlSeS OF the stoto land
board which have been common ana
recognized by the department of the
interior. While the powers of the board
are prescribed as those of an executive
body. 1t is held that the board IAN
act only along such lines as authorized
by law. exercising discretionary pow
ers and that Il and all other state
boards arc amenablc To the courts.
The decision holds that by the pro-
visions of the enabling act. the COM
mon schools OF the state were granted
sections 16 and &c I'm all townships.
whether surveyed or unSurVeyed. and
that such land is not subject to entry of
any kind. and therefore the practise OF
relinquishinG these sections as a basis
of lieu selections Is Illegal
1t Is noted that this position is d.
rectly in opposition to the contention
of the forestry bureau and the rulings
by the department of the Interior to
the effect that the states claim at
tached only the sections l6 and 30 with
in the reservations which had been
surveyed previous to the creation OF
the reserves In no case, the court
holds. shall lands be disposed of in
any manner expect at public auction.
and at price fixed by the constitution
of not less than SO per acre
MUST CONFORM To LAW.
The court asserts that the right of
the state to the Marble creek lands
was determined by the department or
the interior. and that the lands can
only be disposed OF by the board in con-
formlty with law which would not per-
NIT a gift to settlers as recommended
In, hp 1f the legislative hODc-
stead commission.
The resolution enacted by the last
aession OF the legislature creating tho
commission, is held to be unconstitu-
tlonal
The court holds the action for a writ
OF prohibition az instituted by William
Balderston Is not against the governor
of the state. but state board Of which
he Is Il member and that the writ will
lie The presence of the governor. who,
under the constitution, cannot be man
damused, does not prevent the court
from issuing a writ against the board
as a whole.
OPINION FAR REACHING.
The effect of this opinion Is so far
reaching that il VIII not only revolu-
tloniZc the states public land system,
but may render title to the decided land
DuItuGStu llOlll lIt Sldht sillDelltEl III
many cases. and inValidate title to all
of sections 16 and sc upon which set
tlement has been made under the
homestead law since the admission of
Idaho to statehood,
The opinion is OF such vital impor-
tance to so many interests that an ap-
peal to the supreme court of the Unit
ed states Is imminent. for the final
decision OF those issues In which the
federal government IS interested
Gov, Brady and other members of the
state land board refused to express
an opinion OF the ruling. but they nd-
init that il is a severe blow to the land
interests of the state.
The opinion is a distinct blow to Con-
gresham Hamer's plan to procure Il
compact body of timber in exchange for
sections 16 and SO in various townships
scattered over the reserve and. il would
seem. that even though Congress should
enact 4 bin which provides for grant
of 100000 acres of land TO the state as
lieu lands for sections l6 and SO, stu
ated within the forests. the state Of
hcials would be powerless to act In
carving out their part of the agree
ment implied by the enactment. such
ACCOMPLISHMENTS of lands as base hav-
ing been declared unlawful by the state
court.
The ruling, apparently, works both
ways and title to lands selected as
lieu lands for sections l6 and 36, OF
parts thereof relinquished. is also i'm
paired Much of this land has been
gold by the state to investors. An ap-
peal of the ease TO the United States
courts, it is stated. will be taken I'm an
effort 10 quiet titles and protect set
tiers in which. IL Is probable, both rep
resentatives Of the state and the fed
eral government will participate.
WAR ON "NIBAT TRUSTS"
\ bitter war is now on in full swing
between the people and the meat trusts
in this city. y grand jury has been
summoned by order of the district court
10 Investigate the alleged trusts in this
city. great number of people have
already stopped buying meat and an
effort is being made by the working
Glasses TO boycott the butchers
State Pure Food Inspector James II.
| Wallis has also got busy in the matter
| and has caused the arrest of a number
! of local dealers for violation of the law
| relative to the sale of short weight and
i impure butter and lard. Says he The
| ultimate consumer has been robbed of
/ as high as 1854 per cent I'm buying lard
| from these concerns which are being
, prosecuted. The people have the law on
their side and the statutes should be
! enforced. The meat trust conducts its
| business under dlshonorlble methods
| stealing from the consumer is the most