Montello Salt Co. v. Utah - 221 U.S. 452 (1911)
U.S. Supreme Court
Montello Salt Co. v. Utah, 221 U.S. 452 (1911)
Montello Salt Company v. Utah
Argued April 21, 1911
Decided May 29, 1911
221 U.S. 452
The words "and including" following a description do not necessarily mean "in addition to," but may refer to a part of the thing described.
The words "110,000 acres of land . . . and including all the saline lands in the state" as used in § 8 of the Utah Enabling Act are not to be construed as a grant of such salines in addition to the 110,000 acres, but simply as conferring on the state the right, which it would not otherwise have, of including saline lands within its selections for the 110,000 acres.
This construction is in harmony with the uniform policy of Congress in connection with grants to the states of saline lands.
34 Utah 458 reversed.
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.