The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-08-07
SHAKING AMONG
THE LAND BOARD
Inquiry Into the Carey Act
Projects Promises Great
Revelations.
SUIT FILED AT FILLMORE
WILL ALSO BRING RESULTS
Both the Law and Their Own
Rules Ignored by the
State Board.

Members of the State Land board
are in the position of the boy that was
kicked by the mule-they are not near
so pretty as they were, but they know
great deal more And they are still
sweating blood. They have reason TO
do so, for not only must they face an
action against themselves, their bonds
MEN Will have TO face an action, and
| then Uncle Sam is to make most
searching investigation Of methods em-
ployed by the board in connection with
Carey land act projects, particularly the
| reason why the projectors of these con-
tracts were not compelled to file the
| bond which the national law exacts
from all projectors under this law.
The story printed by The Tribune on
Saturday morning was like bomb shell
thrown into their camp. They had
thought that matters were so covered
up that no publicity would be given,
They believed that the close alliance
between the board and the federal
bunch was so close that nothing would
leak out from the federal building,
hence The Tribune story struck them
as bomb and the board now sees It's
finish in more ways than one.
The board of land commissioners Of
| Utah issued in pamphlet form the stats
| land laws and rules and regulations
thereon Of the state board; the Carey
| land act, state laws accepting same ana
rules and regulations thereon All laws
| Hod hu
legislature of 1909 are included in the
pamphlet On page 81 of this pamph-
let appears the following. 1t is section
2379 of the compiled laws OF Utah. 1t
reads thus:
Here Is the Law.
2379, Contract Between State and APP
| plicant. Price of Land and Water 10 be
| FIXED. Bond.-Upon the withdrawal OF
the land by tho department OF the inte-
| rlor, il shall bc the duty OF the board
TO enter into contract with the appl-
cant. which contrast shall contain com
| plete specifications OF the location, d.
| !nenSions. character of material, class ol
work, and estimated cost OF the proposed
| works. and The maximum price anu
| terms per acre at which perpetual water
| rights Shall be sold TO settlers. and terms
] upon which the state is TO dispose OF the
| land 10 settlers, In the discretion OF INC
| board. the contract may provide that"Ao
| sale TO Il settler oi i tract OF ltHu VIII
| a permanent water right shall lncluoe u
pro rata interest in the reservoir and lr1
rigation works, equal To the proportloH
| that the tract OF land purchased by nina
bears to the entire tract TO be reclaimed
| by the said irrigation system, and that
| upon full payment OF the purchase price
| OF the said land and water right, capl-
| tai stock OF the corporation representing
such interest shall be transferred to such
settler and II the said irrigation system
shall be constructed by a corporation, or
if by a person or company. then such in
terest shall be conveyed TO the settler
by the person or company constructing
the said irrigation system. The price and
terms for water rights, maintenance tax,
and land shall in all cases be reasonable;
and said contracting party or parues
shall have the power 10 tlN, IN the con-
tract with the applicant Tor the land anu
permanent water right, the amount or
quantity of the annual wafer supply; ana
said party or parties or corporations snail
have the right TO provide reasonable
rules and regulations for the use and
distributor OF the annual supply OF Wa
ter such rules and regulations TO be
approved by the board: and said contrac-
tor shall enter into satisfactory bond in
a penal sum equal TO five per cent or
the estimated cost oil the works Tor the
faithful performance of the provisions OF
case shall said bond exceed the sum or
$4,000.
Under this section of law there is no
alternative. The contractor, that Is,
the party or parties who ask the seq
regation. must file a bond. In all or
the Carey act projects an Utah but one
has fled bond.
What Rules Provide.
One Of the rules of the state board of
land commissioners, rule No. ~ ana
printed on page 10 of the pamphlet,
reads thus:
In order that the interests of the set
tiers may be protected, the board VIII re
quire that. pending the ,lme wIGn ,iS, ,h me
Construction company shall not notify , the
settlers that II is ready TO deliver water.
all water right payments must be mace
to the board and remain IN escrow until
the water Is delivered, this money 10 be
maid over to the Construction company
when notice Is given as above. ana the
water has been delivered, or to be re-
turned TO the settler In the event OF the
failure of the company to carry out the
provisions OF It's contract as To the ue-
livery OF water within n reasonable time.
This rule has not been enforced Ana
the utter disregard of the law and OF
their own rules has resulted in the IN.
curing into their methods that has been
ordered by Uncle Sam. This inquiry
will no doubt be n most SEARCHING one.
But One Bond Filed.
In the story printed in The Tribune
on Saturday morning, no particular H.
rination project under the Carey act
was mentioned. but of the four projects
now on in the state, on only one has
there been a bond filed. This one is
the Beaver Land, Irrigation and Power
company. and there IS trouble over TINS
project. due to the fact, as it is SAID.
that subsequent to the construction of
this plant ii was discovered that the
amount of water available fell far
short of the claims of the projectors.
The applicants are now trying to have
the original bond and contract rescind'
Coutinued on Pare Three