Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-03-27
NEWS OF THE RAILROADS.
THE UNION PACIFIC CASE UP BE-
FORE JUDGE CALDWELL.
photographers Compromise with the
Union Pacific--Another Rate War
brewing, but the Old one
VIII Soon be Settled.


| by Associated Press.
Omaha. Neb. March &c. In the
Union Pacific case Judge Willard Tel
Ter OF Denver opened the argument.
He briefly reviewed the action Of
Judge Hallet in appointing a separate
receiver for the Denver and Gulf road,
and placed before the court the differ
ences between Judge Dundy and Judge
Hallet Teller contended that Judge
Dundy's order absolving the Union
Pacific from Its contracts with the
Denver and Gulf was good law. The
question OF ultra wires was raised and
thoroughly discussed by Judge Teller.
Ellery Anderson of the receivers de-
voted his argument to the relation of
the receivers to the property. He
went into the different obligations laid
on the receivers by the orders Of
Judges Dundy and Hallet. He held
that the receivers would have to de-
eide for themselves which court to
obey.
Judge Thurston closed for the re-
ceivers. He went into the points of the
controversy by stating the Gulf COM
pany and Union Pacific existed under
separate organizations. At different
meetings annual elections were held,
directors being chosen and different
officers selected. BY the same corpo-
rate power It came about that both
companies selected the same officers.
He could no more say that the Union
Pacific operated the Gulf than that the
Gulf operated the Union Pacific. The
statement that the Union Pacific OPP
Grated a through train from Council
Buns TO Denver is not true II was a
joint train operated by the two COM
clhc.
Judge Hallets order appointing Mr..
Trumbul receiver, called upon the re-
ceivers Of che Union Pacific to deliver
up the property OF the Gulf in the
hands OF the Union Pacific. The Union
racine has never operated a single line
except IT'S chartered line, given It by
act OF congress. The Union Pacific was
never in possession of the Gulf prop
erty' except as 1t operated the line in
connection with the Gulf company.
In the contract they got no power on
God Almightys green earth except
harmonious relations" He stated the
Gulf was In the hole nearly $500. 900.
and the Union Pacific had to take this
out of its treasury to make good
the deficit, Notwithstanding the con-
structlve mileage Of three to one, which
has been growing for years The diff
ference In arbitrary mileage will
amount to about $500, 000 In addition
to that 1t will require 100000 to make
up the Cuffs deficit, requiring the
Union Pacific TO take out Of its treas
ury Sl,2b0,0O0 to make good the hucus
pocus under which the Union Pncinc
was worked. one OF the features of
the contract was that the Union Pa
citlc was to do free switching at Dem
Ver In response to Judge Hallett's or
der II is doing the Cuffs switching at
Denver and getting nothing In return.
II would be noticed that In the con-
tract the Union Pacific was giving
everything and getting nothing in re-
turn. Judge Hallett also ordered that
the receivers should pay over to Frank
Trumbull moneys accruing between
July l and October 10.
ny what power" said Mr., Thurston,
had Judge Hallet the right to name
these particular datcs2'
The mode Of procedure hnvlg been
somewhat questioned by the court
Judge Thurston proceeded to tell the
court what had been done Judge Cald-
argument OF Judge Thurston, remarked
scntentiously that had there been n
hearing such as he thought. there would
rot have been differences now existing.
He said as the proceedings had been eN
pafte, 1t had worked badly for all Inter-
ested.
You have not invited Mr. Trumbull
into this courtg' said Judge Caldwell.
NO said Thurston, because / did
not believe he would come. and had no
mCnns whereby we could hringhlm into
means whereby we could bring him into
cause Of our inability to secure service,
and It was only through your honor
that he Is now In court"
Attorney Hobson stated he would re-
gard 1t as a favor II the court would
adjourn until morning before being
asked to commence for Receiver Trum-
bull, and 1t then being o'clock. court
adjourned until 10 o'clock tomorrow
morning.