The Idaho Springs siftings-news., 1911-10-28
LARGE CONCERNS ARE STOPPED
FROM WORKING RoUTT
COUNTY MINES.
INJUNCTION IS ISSUED
COURT MAKES IMPORTANT Dull.
ING; CUTS COAL PRoDUc-
TlON ONE-THIRD.
Western Newspaper Union news Service.


Denyer-The United States gov
ernment was again victor i'll its lis
pute over the ownership of Routt
county coal lands. when Judge r. f.
Lewis OF the Federal Court issued a
temporary restraining order against
the Union Land Company, the Routt
County Fuel Company and the Cont
mental Trust Company to prevent
them from mining coal on govern.
ment property.
The case is one OF the largest coal
land cases in the West Judge Lewis
ruled that the courts had no right to
go behind the actions of the executive
officers OF the Land Department un-
til patent had been issued, and that
as the title to the land was still re
tanned by the government the Routt
County Fuel Company could not mine
another foot of coal on government
land.
The decision, according to Prcsi-
dent f. l., Prentiss of the Routt
county company, viii cut down the
production OF the Oak creek mines
onethird. 1t now produces between
. 400 and SEQ tons a day.
The governments side of the case
was conducted by Butler Dismau, as
sistant of United States District AT
torney Thomas Ward. Jr., who has
made an excellent record since being
connected with the office.
The fight over the Routt county
coal lands began after the Union
I ~
receipt for several thousand acres of
land. In 1901 Elmer and Phoebe Bur
CESS took up entries and on July 10,
1902, they were given a receivers re-
ceipt on July IA. 1902, the Burgesses
gave a warranty deed to Thomas b.
Allin who in turn conveyed the land
to the Union Land Company on May
Q, 1907, on the same day the Union
Land Company mortgaged the prop
erty to the Continental Trust Com
pany of Denver and on December 81,
1908, the Union Land Company leased
800 acres of the most valuable coal
land to the Routt County Fuel Com
pany, which holds patents upon ada
cent tracts of coal land to the west
and south.
/ VI ttlltt years lut iSblIL COUNTY
Fuel Company has mined the property
The government contested the issu
ance of patents upon the ground that
fraud and deceit were practiced in ac
quiring the receivers receipt. The
Union Land Company, it was alleged
used dummies to secure more land
than that to which it was entitled un-
der the coal land laws. The fight
has been bitterly waged. The com
missioner of the General Land Office
refused to issue patents and cancelled
the receivers receipt. Appeal was
taken by the coal company from his
decision.
The company has been operating un-
der this receipt ever since, although
warned by land agents of the govern
ment stationed in this district that
they must not take coal from the
land. The company continued to mine
until suit was filed for permanent
injunction by the government, and
repleyin action brought against 400
tons OF coal recently lying in the
yards OF the Moffat railroad in Denver.
Attorneys for the coal company rep
resented to the court that the com
pany had invested sl50.O00 in the
mine and that it would suffer irrc-
parable injury if forced to discontinue
mining. The mine would also be
ruined if not kept open. it was
claimed. and the entire coal property
destroyed
The Routt County Fuel Compan;
has driven two tunnels through the
government land into its ewn pat
ented land on the south ane accord
ing to President Prentiss. it has been
taking most of its coal from its own
property OF late, working only the en-
tries on the government land. 1t has
driven a tunnel through the govern
ment coal land to within 150 feet of
its patented lands on the west and.
when Judge Lewis ruled that no more
coal could be mined on the govern
ment land, the company's attorney
asked that it be allowed to drive this
remaining $50 feet so as to open its
western land. Judge Lewis refused to
grant this permission, although allow
ing the coal company to haul coal
from its patented lands on the south
through the tunnels driven through
government land.
Wright Abandons Tests.