The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-03-27

OMAHA. March 26.-Before the United
States circuit court this mornlns, near III 9
of the receiyersaip contest growing OUT Oh
Judge Dundy's order was begun Judges
Caldwell aud Sanborn presiding.
court this morning.
the argument He briefly reviewed the
action of Judge Hallett in appointing q
separate receiver for the Denver and Gull
road and placed before the court the diI-
ferences between Judge Dundy and Judge
HaIlett. Teller commended that Judge
Dundy's order absolving the mon Pacihc
from its contracts Win the Denver and
Gulf was good law.
The question of ultra wires was raised
and thoroughly discussed by Judge
Teller E. Ellery Anderson OF the receivers
devoted his argument 20 the relation CT
Ihe receivers TO The pvspersy. lie went
into the different obligations laid on the
receivers by the orders OF Judges Dundy
and Halett He held that the receivers
would have to decide for themselves which
SQUIRT TO obey.
Ihurstou closed for the receivers. He
went into the points OF the controversy IN
iesaiI. Judge Thurston closed for the
receivers of the [ MON Pacific company oy
stating that the Gulf company and Union
Pacific company existed under sc parate
organizations. At different meetings an
nual elections were held, directors being
chosen and different officers selected. BY
The same corporate power 1t came about
that both companies selected the same
officers One could no more say that the
Uuion Pacific operated the Gull than tnat
the Gulf operated the Union Pacific.
The statement that The Union Pacific
operated through Grain from Couucii
Butts to Denver Is no. true. Ii WAS Joint
train operated by the 5wo companies, The
ID .sfs. Ill ar7 "a
order appointing Mr. IrumbeH receiver.
called upon the receivers OF the UnlOn Pa
sifc TO deliver up the property OF
the Calf in the hsnds OF The In
ion Pacific The Union Pacific has
bperated a single line except its chartered
line given it by act of congress. The Union
Pacific WAS never IL possession OF the Gull
property, except as IL operated the line IN
conjunction with the Gull company. In
Almighty's green earth except harmon
IONS relations.
He stated the Gulf was in the hole
aesrly $500, 600, and the Union Pacific had
TO take this amount out of its treasury TO
mske good the deficit, notwith-
standing the constructive mileage
Of o TO ], which has been grow
ing for years. The difference in
arbitrary mileage will amount to about
$500, 900 In addition TO that it will require
s7UO 600 TO make up the Cuffs deficit, re-
guiring the Union Pacific to take out of
rs treasury 81, 200 600 TO make good the
locus pocus under which the Union Pacific
worked.
One of the features of the contract was
that the Union Pacific should do free
switching at Denver. In response 20 Judge
HaIlet's order. it is doing the Cuffs
switching at Denver and getting nothing
n return. 1t would be noticed that in the
contract the Union Pacific was giving
everything and getting nothing In re-
turn. Judge Haliet also ordered that
the receivers should pay over
TO Frank Trumbui moneys accreing
between July l and October IL. by
what power" said Mr.. Thurston, "'had
Judge Hallett the right TO name these
particular dates?"
The mode of procedure having been
somewhat questioned by the court, Judge
Thurston proceeded to tell the court what
bad been done. Judge Caldwell, after
listening for some time to ths argument
Of Judge Thurston. remarked senten-
tiously that had there been u hearing,
such as this is, he thought there would
nos have been the differences nov existing.
he said as the proceeding had been ex-
parte, IL had worked badly for all inter
este;i.
''You have not invited MIR. Trumbul
into this court" said Judge Caldwell.
No" said ThurstoD, ''bt cause 4 did
not believe he would come. and had no
means whereby we could bring him into
this court of primary jurisdiction because
OF inability to secure service, and 1t was
only through your honors that he is now
in court"
Attorney Hobson stated that he would
regard it favor if ne court would adj
Journ until morning before being asked to
commences for Receiver Trumbnll. and il
then being 3 o'clock court adjourned until
10 O'Clock tomorrow morning.