Montello Salt Co. v. Utah
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. The facts, which involve the construction of § 8 of the Utah Enabling Act and the effect to be given to the words “and including all saline lands in the State” in connection with the grant of public lands for the University of Utah, are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. The facts, which involve the construction of § 8 of the Utah Enabling Act and the effect to be given to the words “and including all saline lands in the State” in connection with the grant of public lands for the University of Utah, are stated in the opinion. The State did hot take title to the saline lands in question by virtue of the Utah Enabling Act of July 16, 1894, without any act upon its part by way of selecting the same. As unoccupied saline lands they were subject to location by defendant’s grantors under the act of January 31, 1901,…
1Opinion of the CourtJustice McKenna
The question in the case is whether § 8 of the Enabling. Act of the-State of Utah_ granted to the State all of the saline lauds within, the State or only enabled them tu be selected as part of other lands granted and not specifically located.
Section 8 reads as follows (act of July 16, 1894, c. 138, 28 Stat. 107, 109):
“That lands to the extent of two townships in quantity, authorized by the third section, of the act of February twenty-one, eighteen hundred and fifty-five, to . be re served for the establishment of the University of Utah, are hereby granted to the State of Utah for university…
2Cases cited4 opinions
- United States v. GoldenbergSupreme Court of the United States · 1897
- State v. BrownTennessee Supreme Court · 1847
- Morton v. NebraskaSupreme Court of the United States · 1875
- In re Goetz's WillAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by37 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
- United States v. SweetSupreme Court of the United States · 1918
- Red Wing Malting Co. v. WillcutsCourt of Appeals for the Eighth Circuit · 1926
- Illinois Central Railroad v. Franklin CountyIllinois Supreme Court · 1944
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