The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-05-30

Affecting Utah salt lands TO an extent
unknown as measured in dollars and
cents. on account OF the imposslbility
OF estimating it's real commercial value.
the United States supreme court handed
down an opinion Monday in which The
state of Utah, for the University OF
Utah, loses its fight against the Mon
telo Salt company Of Ogden, BY the
decision of the highest court in the land.
Justice McKenna writing the opinion
the courts of Utah before which the
case had its hearing, have been reversed
Until the case reached the supreme
court the state had won. The news of
The decision snread rapidly TO all parts
of the state. as il was one OF the most
important cases in which Utah was in
terested that the supreme court has
heard In years. BY the decision the
University OF Utah loses an asset that
would have been many times more val
uahlc than all the other assets of the
institution combined.
The great natural salt beds west OF
the Great Salt lake on the Western Pa
cihc which were claimed by the unver-
sity and by the private company: is the
property in question. BY the decision OF
the supreme court. litigation is ended
that had Its beginning in the district
Various estimates have been placed on
the value of the property II is said
the great natural salt bed is one hum
dred miles long. thirty miles wide and OF
a depth OF from two feet to twelve feet.
The great bed lis % to 30 per cent pure
salt. Ii can be mined by the steam
shovel process and will not have To be
subjected 10 an expensive refining pro-
cess Local attorneys and Ogden ottor-
news were interested in the case from its
start.
History of Litigation.
The grammatical construction Of
Ia, gfi iI.. h inc .ns
whereby Utah became a state. was the
question In the litigation and upon the
Interpretation Of which the ownership
of the property depended The real be-
ginning of the case was when the grant
of certain lands 10 the then territory of
Utah was made by congress in February
1855. or rather the right Of the territory
10 reserve certain lands for the various
institutions later 10 become state insti-
tutions. For all the other institutions
the act of congress left no room for
litigation However when it came TO
the University Of Utah. the act finally
became the stumbling BLOCK. According
given the right 10 set aside as much as
two townships in quantity of land To be
held and used for establishing and main
taining OF the state university.
When congress passed the enabling act
In 1891 the former act was given recog-
niticn and in addition other lands were
set aside. The rlGh, to reserve the two
townships was made permanent grant,
as we'll as the right Of The state Ia com
plete the locations Of the two townships
and in addition TO locato and select no.
900 acres moro for the OF the uni
vorsitv. on section OF that enabling
ciausc came about the subsequent -four
years NJ uncertainty as to the rlGht(ul
ownership of the salt beds.
Depended on Two Words.
In all court arguments Tn" TWO words.
and and "incuding." and the proper
in;crprc iatiCn constituted the question at
issue. The sertloa OF the ena bling act
these words follows
'Scc,ion S-Land grant 10 university
and agricultural college. permanent fund
That lands to tn" extent of two town
ships IN quantity. authorized by the third
section uf The act OF February Il. 1855.
to reserve for the establishment OF the
University Of Utah. are hereby granted
to the state al Utah for university ptW
poses. 70 he held and used In accord
anco with the provisions OF this section:
and any portion Of said lands that NAV
not have been selected by said territory
may he selected hy said state. That in
addition 10 the above. 10000 acres OF
land to hc selected and located as pro-
vided In the foregoing section Of this
act and including all the saline lands
In said state, are hereby gransed 10 said
Continued on Page Three.