The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-10
CRIME HAS BEEN COMMITTED

1870 for offered lands, E. W, Beckwith,
! applicant.
TO the Hon. State Board of Land Com
| miSsionerS.
Conference.-The above matter having
been informally presented TO your hon
orabe board and time having been given
and request made for formal presen-
tation of the facts relative thereto.
/, Comes now E. w. Beckwith and re-
| spectfully shows:
That on the 9Th day OF July. 1909. he
appeared In person ut the office OF the
state board OF land commissioners at
Salt Lake City. Utah. and made inquiry
| from the persons in charge whether or
not the following lands belonging 10 the
state or Utah were for sale. TO wit: the
~ Of the NWa and the SEA of the
NW3 and the SWa of Sec. 80, TIP. II
| \. OF r. Z L., s. l.. NJ. and was in
formed that the said lands were for sale
and that application for the purchase
thereof would he received; that. there
| after, upon the Sth day of July. 1909,
| he again appeared. was again informed
that the said lands were for sale,
whereupon inc made on the said Sth day
of July, 1909. a proper application in due
| form TO purchase said lands at their dp-
praised value. and accompanied the said
| application with the necessary deposit
| of ten per cent of the appraised value OF
| said lands as required by law and rules
| and regulations OF said board, that a
proper entry of said application in due
form was made and said application was
| regularly fled;
| That subsequently thereto and upon
the 9th day OF july. 1909. Frank Is. Neb-
| ckcr of Logan, Utah, made application
| to purchase said lands which said APP
| pliCation was in due form and was ac-
| companicd by the necessary deposit as
| required by law and the regulations OF
| the land board,
That ii appeared from correspondence
hp rrun
| n. Ncbckcr has on the 9Th day Of July.
| 1903. attempted 10 make application to
purchase said land and had aocompa-
nicd the said attempted application with
the necessary deposit, but that the said
application was not in proper form and
that the land attempted TO he applied
for WAS not properly described and that
because OF said defect which the land
board seemed To consider vital TO the
said application the said application was
not received. was not entered in any
way the said money WAS not accepted
In any way and the said attempted ap-
plication together with the money sent
thercwoih. were returned by the ScCro-
tary OF tie land board to the said Frank
X. Nebekcr.
That Notwithstanding tho fact that
said Beckwith had made his applica-
tiou prior to the said Nebckcr when the
said application was received on the 9th
day OF july. 1909, the name OF r.. w.
Bcckwith WAS scratched out on the roe
ord books OF the land Office and tho
name of Frank *. Nebeker was inserted
I'm lieu thereof.
That thereupon the said land board in
formed tho said Beckwith Of the fact
thai the said Ncbclecr had become appI-
cant for the said land and that If The
said Beckwith desired to purchase the
same he must make a higher bid than
the appraised value Of $50 per acre.
whcrcupon said Bcclswith made a bid of
81 per acre for said land. which said
sum was also bid by said Nebckcr.
That no certificate has been issued as
yet to said Bcckwith or 10 said Nchckcr,
action OF the land board is awaiting the
final determination of the question OF
who is entitled TO possession of the said
certificate of purchase Of the said lands.
To the failure To issue the said cer~
tilcalc 10 the said t.. w Beckwith the
said j.. w. Beckwith protests upon the
following srounds;
I, That upon the Sth day Of July the
said lands were for sale and that no ap-
plicatiou for the purchase thereof had
boon made TO the state Of Utah, that
upon said date he made proper appliaa-
tlon TO purchase the said lands. which
said application WIS In duo form and
was regularly entered of record in said
office.
2 That tho application OF The said
Frank X Ncbclicr was subsequent to
that OF the said Bcckwith and was an
offer To purchase the said land ut the
same price the said application, and
therefore was not entitled to preference
over the said application OF the said
Beckwlth
!. That the attempted application To
purchase the said lands by tho said
Frank *, Nebcker on the 9th day of
July, 1909. was not a proper application
10 purchase said lands and was held Wv
the said board TO he insufficient was
not entered OF record. and WAS returned