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MONTELLO SALT CO. v. UTAH

No. 136.

221 U.S. 452 (1911)

31 S.Ct. 706

55 L.Ed. 810

MONTELLO SALT COMPANY v. STATE OF UTAH.

Supreme Court of United States.

Decided May 29, 1911.

Attorney(s) appearing for the Case

Mr. S.T. Corn and Mr. Jesse R. Barton, with whom Mr. James N. Kimball was on the brief, for plaintiff in error.

Mr. William D. Riter, with whom Mr. Albert R. Barnes, Attorney General of the State of Utah, Mr. Waldemar Van Cott and Mr. Edward M. Allison, Jr., were on the brief, for defendant in error.

MR. JUSTICE McKENNA delivered the opinion of the court.

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 lands within the State or only enabled them to 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...

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