Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-09-04
THE DISTRICT COURT.
The Oregon Short Line RCsTorshlp
Pissed Upon.
FORECLOSURE PROCEEDINGS.
The Further Arguments Of Counsel on
the Irvine Divorce Matter
Today.

ern railroad, Judge Merritt was waited
upon In the Third district court this
morning by counsel interested on be.
half Of the respective parties. The
principal legal figure In the group was
Attorney winslow l.. Pierce Of New
York, who had specially journeysd
from Portland, Oregon, for the pur-
pose Of instiluting iottolosuro pro-
ceedings Agalnstthe Short Line, acting
Ia this connection on behalf Of
John +. Dillon anu Joseph Richstdsou
trustees. Judge ]. A. Marshall was
present as representing the American
Loan n Trus, 90. OF Boston, Mass,
and Attorney Farley l.. Williams at
tended on bohali Of the Union Pacific
receivers.
When the court was ready 10 hear
counsel on tue case, Attorney Williams,
as Necessary formal preliminary,
moved the admission OF Mr. P,oruo Ne
member OF the bar Of tho Third die.
lrlcl, IN order 70 enable that gentleman
to make nis application, whefeupon he
asked for the appointment OF the re.
ceiysp Of the Union Pacific
to act ~ receivers OF the
short Line. IL was explained
that ihtsF proceedings were part and
parcel Of those recently Instituted at
Cheyenne AMI elsewhere. Mr. Pierce
submitted 10 this court tho bill OF fore
closure converting tho request nov
made, aud stated that the original bill
was filed IN Idaho. Ho also presented
certified copies OF tue orders " tho
other coufu-1daho. Wyoming and
Orogon-as 10 the appointing Of re-
Ceivefs anu remarked that larger part
# the y oprrly Ito, IN Wyoming and
idano. Counsel wanted 10 nave the
order Of this c0uri drawn In conformity
with those already male.
Judge Merritt Inquired whether
there was any opposition 10 the appli'
cation.
IL was then that Judge Marshall, on
behalf OF tue A american Loan a rrult
Co., arose " request "a feaaonaDie post.
gOnemunt, To enable his clients TO
oppose the motion. Counsel stated
that he was not at this time Ia possos.
zion Of tuun facts set forth TO the d0cu.
mouts presented by Mr.. Piefcn AZ
would ena0i0 him 20 properly answer
today. ThJsn whom he represented
wore the trustee. Of the consolidated
mortgage, Rnu desired 10 make applioI.
ton Tor separate recuiveuhip. Hence
he asked fot u platpOnemont In order
that tho applications OF blth sides
-
lac was not ~ this time prepared TO
state his reasons for demanding "a
separate Ieosiyerhip. The same re-
ceivers acting Ia this dual capacity
would, he sail, occupy highly incon.
btent pofiiiOn. Counsel asked tot ten
lAys' continuance.
Attorney Pierce remarked that,
Wa matter OF fact, this was merely an
application Tor au tx epslOu Of tho To-
seivership already created by this court
When u similar application was pre-
eouted before Judge Gilbert, 10 Oregon,
that was the view he took Of It.
Judge Merritt said he dill not feel In.
clinei 10 make Hu order Tor n separate
Tcceiyerfhip, and without ptrIulicr,
pending subsequent proceedings, t0l.
lowed IN the wake a the Chcy.
cnne curt by appointing McssTs.
y. II. IL, Clark, Oliyor w, hnk, T..
Eliefy Andcuon, Fred rick II.
CJudert aud John w boa ir, receivers
OF the Union Fac fo, ~ act Ia this
case also.
Counsel were asl ol 10 draw up the
necel safy order auu submit it w tue
court during tho day for signature.
TIrE IRVINE CASE.
Ill. aF...ttt .tl.t 80. -. a.tIt..
GU Labor day, but instead sat IN the
Third district court 20 hear the Ergu'
menta OF counsel ON the PLAINTIFF mo,
divorce suit OF W. II, Irvine Va A define
NJ. Irvine. Judge Powers and AttOr'
ney w. IL. Dickson represented the
plaiutin, Mr.. irvine; Bennett, Mar
shsll a Bradley anu Attorney John
NJ. Zane appeared on behalf VI Mrs
lfyine.
Judge Powers opened on the part o
the plAinun, reviewing the voluminoul
evidence Of over 1000 pages Of clot,
lypowrilten matter. Tue grounds lot
demanding new trial are alleged
errors In the admission and rejection
Of testimony on the trial, insutiiciency
Of evidence TO justify the Judgment
and newly discovered evidence sui
fioient TO warrant new trial. Tn,
latter eOnsiAted mostly VI aflliavits,
Judge Powers spoke for nearly hv'
hours. lie DECLARED that the PLAINTIFF
oase had not nGd u lair trlA; that tn,
court forgot everything In favor Of Ia,
plaintiff, aud remembered everything
In favor VI the Defendant; that tht
allegations OF cruelty made by Mrs
Irvine A sustained were cOndonou
that adultery had been commit
ted by Mrs. irvine with Montgomery
Ra was FULLY sustained by the evidence
aud that macy men mad teen sent L
the penitentiufy from tho lhlfd dis
tfict court on evidence Tar less cunclu
Bivs than that which was aiduGsC
against Mrs. Irvine and Montgomery
The Judge claimed that tho amount o
nllmony awarded was outrageous; tba
lTVintIs estate footed up TO So 900, 10
cluding doubtful debts owing ~ him
aud that the Judgment OF the c lut
that he WAS 10 pay Mrs, Irvine $1,000
within nine months and about $500
costs In two months meant that Ia
entire estate would nave u he sold
aud In these hard times II would no
realize more than the 1856, 900 he wa
oTded TO pay, ana ~ the Iudgmen
stood Irvine would be rendered pTaciI
cRlly peDuilets.
At 4i4O the court adjourned I'll 1
O'Clock this morning.
This morning Attorney john NJ