The herald., 1894-09-18
WILL START UP IN OCTOBER.
Contractors Getting Ready for
Work on Nevada Southern.
The New Mormon Company Organize
With $4,000, 200.
The Santa Fe Election Next Month-A n
Accident Avsrtsd = Receivers
May Sign Passes.
Notes.

pRrtment oil the Nevada southern rail-
way, has received letter from K. 3.
Seibert. general manager of the COM
pany, under date OF New York OF the
10th inst, in which he says that he will
be ready to leave there on October lst.,
and that so soon as he arrives here he
will be ready to push the Goodsprings
extension OF the road with all possible
speed. The contractors are already get
ting their material in hand and thei
supplies picked out for active work by
the time the general manager returns.
THE POSTAL coMPANY's APPLICATION.
Additional arguments were made be-
fore Judge Ross yesterday in the matter
OF the application of the Postal Telegraph
company to have the court order the re-
cevers of the Atlantic and Pacific Rail-
road company to permit the telegraph
company to string it's wires and build its
line along the right OF way of the rail
road.
Judge Wilde and Mr.. Lsmme repre-
ssntsd the Postal Telegraph company,
end made arguments directed more
against the demurrer filed by counsel
for the Western Union company. Mr..
Esterbrook OF Omaha and Mr.. r. b. Car
penter represented the interests fighting
the attempts of the Postal company to
get its line built.
Mr.. Esterbrook made quite long ar
gument against the granting of the order
asked for. He conceded that If the law
OF congress OF 1865 granting the right of
way to the railroad company did not
grant the fee to the company, and the
Postal or any other telegraph company
had vested right to come on the right
OF way, he had no case. But he con-
tended that this was not the proper con-
struction of the act. He argued very
impetuously against what he called a
stranger to q suit coming in and at
tempting to ask favor against another
stranger to the suit. He read the recent
decision by judges in Arizona and New
Mexico upon this same question, in
which similar ordera had been denied,
although granted in one case.
In this matter the receivers OF the
Atlantic and Pacific Railway company
express themselves as willing to grant
the request of the Postal psople, and
think it would be to the best interests of
the road to do 20, but they say they can
not violate contract which the West-
ern Union Telegraph company has with
the railroad for the exclusive right to
put up telegraph lines along the right of
way.
The Postal people claim this agree
ment is null and void, because no ex-
elusive right OF way o. that nature can
be granted, and further that the rail-
-~~a =. r~-t rona, aud SiIUy nave Q
right to use it in the manner they de-
sire, to build telegraph line along it.
Juge Ross stated from the bench that
in case the Postal Telegraph compsny's
construction of the act OF 1865 is correct
he will grant the order, but unless it
was be did not believe he could do so.
The demurrer was submitted to the
court, both sides to file points and
authorities.
UNION PACIFIC BOYCOTT WITHDRAWN.
OMAHA, Sept. H.. Arrangements is
were closed today by the western roads
through which the long drawn ou. boy
colt against the Union Pacific will be
Withdrawn October 1st. For three years
the Union Pacific has been compelled to
fight the combined opposition of the
Rock Island, Burlington and Rio
Grande, on account OF having cloaed
the gatewsys to these roads In 1891. a
boycott against the Union Pacific result
ing in 1892. IL started over who should
have the long haul in trsnscontinental
business. There has been no good
ground upon which to demand settle
ment until the northern lines began
making trouble over the differentials.
when the general passenger agent OF the
Union Pacific, taking advantage OF the
situation, made a proposition to the
southern lines to stop the war and get
together on q basis satisfactory to all
interests.
CALL FOR SANTA FEE PROXIES.
The Atchisop, Topeka and Santa Fe
protective committee yesterday issued
circular asking for proxies to be used ct
ka October Goth, i'll which they say 1t is
their purpose to place the control OF the
company in the hands of men who are
in all respects worthy of public conf
dence, and are widely known in railway
and financial circles. The plans of the
committee in reference to the stock may
be outlined as follows: The control OF
the property shall be left with the stock
lNO hoW 1CCulisAon 10
issued to the injury OF the stock. What
ever assessments are made must be the
smallest consistent with the permanent
welfare of the company. The stock
holders should receive for their contri-
buttons OF money that best security
which the condition OF the company
will allow.
PACIFIC COAST PASSENGER BUSINESS.
CHICAGO, Sept. 1.-THE transconti-
mental lines, after a weeks rest, re-
sumed their efforts to organize and form-'
ulate an agreement to regulate passenger
business to the Pacific coast. The Great
Northern road was represented by Traffic
Manager w. w. Finley and General
Passenger Agent F. l. Whitney, end it
was intimsted that they were prepared
to submit the reasonable proposition for
the settlement of the difficulties, which
were OF this roads creation at q former
conference. Whether that is so or not,
it's presence today is taken as an indica-
ton that it is desirous of having an
agreement reached and the hope is en-
tertained that some arrangement may
be arrived at which will do away with
the exiating decentralization.
THE MORMON COMPANY.
Articles OF incorporation hays been
fled for the Utah company, which takes
in the Cullen Springs mines, the Salt