Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-12-31

ordered stopped by the supreme court
of the state in n writ of prohibition
handed down on Monday. following an
application filed Saturday by Curtis
f. Pike, as plaintiff, supported by nine
other prominent Boise attorneys, all
Democrats.
This constitutes one Of the most i'm
portnnt timber land cases ever brought
before the supreme court of this state.
The dates for the sale of these lands
had been fixed for December 2S and 30,
and the same. together with complete
list OF the lands, We're being adver-
used according to law in newspapers
In the counties in which the lands are
situated. All the lands had been APP
praised at prices ranging from $40 to
Sl5 per acre: the average being $l05S.
The lands are mountainous and timber
covered, ana the gale pertained to the
lands only: the timber having been
purchased several years ago by the
Potlatch. Lumber company. Under the
constitution, no state lands can be sold
for less than $40 per acre.
The plaintiff ayers that n secret
agreement was made between the said
I'otlntch Lumber company and the state
land board by the terms Of which the
state would. through the sale of these
lands as proposed. be robbed of very
NulU'lDlc HUNS luNolNiIS liihuy lilou-
sands of dollars. 1t Is also claimed
that. Il great portion OF this land is
valuable for agricultural purposes and
worth many times more than the value
placed upon 1t by the board.
The writ of the supreme court Is made
returnablc Jan. II, 1911. ut which time
hearing will be had TO determine
whether the prohibltive order shall be
made permanent. II Is understood that
the Potlatch Lumber company because
the case OF the state Of Idaho, appel
liant against L. NJ. Hoover, respondent,
will also come for hearing at that time,
and as almost the Same basic principles
are involved, 1t is probable that the
courts decision In the one will govern
the other.
M'DouGALL's STATEMENT.
In this connection Attorney Genera,
d. G.. McDougall stated yesterday that
1t was the order OF the land board to
Land Commissioners Day that the GER
tilicates of sale of this land should be
held awaiting the result of the Hoover
case. which was designed to be Il test
case. He denies that politics entered
in any manner into the DEAL as the
Democrats infer.
The general contends that the const-
tutional provision relating to the sale OF
school lands" does not apply to spec
al grant lands. such MS the lands In
question principally are. I'VE also
deny" said he. that any great part OF
this land is ut for agricultural pur-
poses. The land Is accessible only by
means of n railroad; 1t lies in tho high
hills; most of 1t stands at an ANGLE
Continuing. he said. TN taking UP.
this matter the chief consideration was
whether 1t We're better to have this
$255,000 worth Of state property put into
Interest," bearing securities, bringing an
annual revenue to the state for the sup
port of its public institutions, or wheth-
or we should hold this land until 1922.
with the full knowledge that this COM
pany, during the Interim, would strip
1t OF all timber worth anything and
leave us nothing but barren surface,
which our appraiser informs us Us
worth not more than 81 an acre on the
average and Is therefore unsnlable"
He also pointed out the fact that the
Land Is taxable after the sale. thus
bringing Il considerable revenue to the
state.
CHRISTMAS CELEBRATION,
Among all The churches OF Boise none
provided a more fitting and interesting
entertainment than was presented al
The l.. y. S. chapel on Christmas cvo
under the direction of George w, Lewis
and his efficient corps of assistants Of
the Sunday school, The comfortable
little chapel was well filed, and aside
from the Interesting program. every
child was provided with suitable
present from the bountsous Christmas
tree.