Eastern Utah advocate. [volume] (Price, Utah) 1895-1915, 1914-04-23
COAL LAND ENTRY
WILL Be GAN(HIED
RULING OF UTAH OFFICIALS Az
fTRAIED IN WASHINGTON.
independents Coal and Coke Conn
pany. A. Tran1erce. Tried 60 De
fend Tifle--Hcld Original Entry
Was Not Made In Good Faith.

aitlrma1On on tne oeciAlon oi tht
register and receiver Of the Salt
Lake City United States land office.
canceling the coal land entry OF
samuel N. Randolph. and che indie
pendent Coal and Coke company.
transferce. covering 1eO acres OF
coal land IN Carbon county. was re-
celved at the Zion office recently
from the general land office In
Washington. The deciaion. cover
ing lengthy review OF the case is
signed by Clay Tallman, commits
aioner Of the general land office.
and orders the cancellation Of the
claim on the ground that the entry
was not made In good faith. for his
own use and benefit. but was pro-
cured 10 make the entry BY samuel
". Gibson for the use and benefit Of
stanley D. Miner.
The claim involved was filed Oc-
tober 9. 1905. Tor the vest half OF
the southwest quarter Of section 10.
and the northweI' half Of the north
west quarter OF Section i5. Town
ship ~ South. Range 10 East Of
the Salt Lake meridian. The dccl-
sion Of tho Salt Lake register and
receiver. recommending that the en-
try be Cancelled. was made October
"a. 1914. Appeal from this doc-
eion was made 20 the general Land
office at Washington.
The lands In tho township we're
Withdrawn as coal lands July &c.
1900. aud the tracts were appraised
at from tiso 10 fsoo per acre. on
February 8. 1919. on the rcprcsen-
ta,ion OF a special agent OF the in
terror department. the Salt Lake
land office was ordered 10 proceed
asains, tho entry. on the ground
that a waa not made IN good faith.
on the date set for hearing b. the
Zion office. the claimant failed 10
make ansvcr. and the register and
receiver thcrcupon recommended
that the entry DO cancelled.
The independent Coal and Coke
company set mp the claim TO having
acquired title TO the land, and AK
Cd leave 70 defend It's titie. and a
hearing was had on the same lanu-
AIRY 7. 1919. Al this hearing csi-
dcnce wa admitted on which tho
register and receiver renewed the
Recommendation that the entry bo
cancelled. In the evidence Il was
shown that ellison and Miner. IN
1900. catered an agreement 60 60
tabilBh coal Held on Coal Greek.
In Carbon county. and that title 20
certain school lands IN tho field
should b. acquired. ellison 20 have
onc-fonrth the profits. and upon
payment OF ono fourth che costa.
Miner would convey one-fourih IN
terost TO ellison. This agreement
remained In force about two years.
but the operations Of Miner became
30 large that ellison could not stay
IN on the expense and he then be-
came an cmploye for securing the
title 10 lands for Miner. This ar
ranaement continued until Miners
death IN 1906.
Randolph, the entryman. testified
that he had made the entry at GIL
sons suggestion. and had afterward
mQrtgaged Il 10 Archie Miner. son
OF s. u. Miner Randolph subsc-
Quently conveyed the land to Archie
Milner. for the stated consideration
of $1,000, after he had been tod by
ellison that the value OF tho land
was $50. 900. Miner a few days AZ
terward conveyed the land 10 the
independent Coal and Coke com
pany. which succeeded TO the older
Miners interests. for the stated
consideration OF $4,000 Randolph
testified that he knew be was being
made n goat OF" IN tho transaction
and that he was convinced he should
be compelled 20 dispose OF the land
10 the person who held the mort
gAge at whatever figure he was
minded 10 offer.
The evidence was OF such a ma
ture that the general land office
declared the Salt Lake register and
receiver justified in recommending
that the entry be cancelled. and the
order was made holding the entry
for cancellation.