Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-06-08
The BATTLE ENDED.
Chief justiC3 HtTitts Decision Is
Expected on Monday.
srORLYs BRILLIANT ARGUMENT.


Justlcs Merritt, was fully ~ large this
morning no at previous ssa,iouB, the
reason being that, aside rom the im.
potlancu Of the Issues involvei, tho do.
Sire 10 listen 10 Senator Thupton,s
magnificent ofatHry was not second
10 the Interest taken IN Sir. storey as
nm able aud even brilliant counselor. at.
law. In respect TO is hnticipalions
upon this point the audiences was not
disAppoiute !, and the breathless sill.
nc,s with which Mr.. rhursioa'I clio.
quence was listened b thrOu yhuut yea
,criay was fully epuailed by tho In.
tonce quietudc attending Mr. 5,orcy's
dow u logic today, from Ihe opening
rrntonce 10 tho closing worJ, hni
when the great lawyer finished his
speech there wero expressions OF adj
mitauon on every maud.
by tho gyThtions that have been
made duriug this and previous hear.
iugs there nto Tow p1iniI =, Issue now
between the paroles. Ia fact there
mpy be sail to DO ouly QUE OF pf1mt.
ncncc, ,hst Of the appointment Of one
or two receivers. Tne opposition to
separate reoeiyonhip was practically
nil; tue anlagonlsm TO tue issue u 70.
Cuiycfs' certificates was 10 iuced "
small proportions By the nf0. mattgage
bJndhsliess withdrawing objections;
and the demand ina. the Short Line
10 not segregated has been made Incl.
iectunl from tho American Loan and
Trust company plolgiug itself " tako
the ROAD entire aud operate every
branch. The plea that local interests
icnanded certain action was also met,
Ia great part al least, by the dec aTRlion
o Mr Storey that Mr.. Egau's ueaI.
quarters aud fesltencU Ag receiver were
permanently liked ut Salt Lake Clty.
The Union Pacific hal urged the al
p0intment Of m associate receiver g.
conserve tho lasI two Interests, and the
Loan company asserts that they Will
be c3ntofvcI In Nc. Egau. Ths Union
Pacific still insists on Eu associate
receiver, while the Loan conuAny
maintains thatsuoh appointment would
deleAt tho whole purpose Of tue HulA.
rate feceiyoTshlp because OF the brief
time In which 10 faise TIE money to bs
paid-unlil July let. Thus the only
remaining istuB " that relating ~
single OF double recoiyership.
In the continuance OF the proceed.
ings yesterday afternoon after the
NEWS ncut ~ p'ous, senatOr IhutslOn
atgue1 that tue IcOutt had no power
10 order tue issuance OF receivers Ger.
tiicAtes TOT the payment Of interest,
hnd challenged the othOF aide TO pro-
duco u siugle decision In supt OFT Of
sucu On order II Judges Gilbert aud
SGnb5Tn had erred In sllOwiug this,
mat was no reason why the Utah
court should petpstuaio the error.
fuu court could not alter the terms OF
n contract by adding Ru Increased In
teTest burden on the property. II the
O urt IA "a q I'm that 10 eTurcie such,
apOwor would Ds Judicial usurpation,
It should refuse the order regardless OF
comfy. There was no short road TO
tue procurement Of rights over VIC.
lated law. Law anu Justice could not
DB disftg without endsDgering
the Iigus auu liberties OF every
A meTlcan citizen.
Mo. Storey then began the closing
argument for the Loan company, his
!
being quite O change from the vigorous
DfatOry which mad nell sway during the
day. The ioToo OF his address, how.
ever, WIS not Loot. ~ no speaks Ia y
clear voice, ana presents his views OF
the case IN logical, iEolsiye manner.
The position Of mis- client, he commended
had been miareprCHentei. fho charge
that It hal named Mt. Egan was as In
sulting TO Judges Gilbert and SanboTn
~ II WAS unfair 10 the Loan company.
rhe intimatiOn that there had Deen
preliminary agreement between the
company aud Mr. Egan was without
foundation. This praise OF the present
receivers was not In point. No per.
s1nAl attack was made on those re-
CelveTs at 81. Paul. Their Characters
were not discussed, The only ground
UPON which their removal Was sought
was tue One that, rs they represented
4 corporation with inlmicAl Interests,
thay could not serve the short Line rs
It fhould b0 served.
The Union Pacific for yraTs past bad
operated the short Line Tor the great
benefit OF the Union Pacific. The
short Line should be- freed, 20 that
II Iaigh. DO operated for lis own al
vantage. The great desire VI tho
U nlon Pacific was to continue 10 mo-
ngIOliZ, the Short Line bu5ineiF, but II
was not willing TO fultlll lIu part
oil the agreement by which 1t
secured control OF that business. Its
representatives came into court, Mir.
Storey remarked ironically, and mani
tested a newborn zeal ior the people OF
Salt Lake and Utah. He would like
10 hear from the business men OF Salt
Lake n they had ever before heard
such solioitude expressed by tho Union
Pacific Tor their Interests Ms had been
proclaimed 10 eloquently by Senator
rhurston. lhs whole array NJ AitOT-
urys on the other side were Union
Pacific men. Mr. Hsll claimed TO
represent the Short Lins company.
Hat the company was 50 loaded down
with milliOnB Of debt that II had no
| valuable interest In ths property. He
was hero solely as n Union Pacific
| man. The hand was tue hand OF
Esau, but tho voice was the voice OF
Jacob. Mr.. SanbOtn represented one.
twelfth Of the consolidated bondhOldeIs,
hut II happened that those bond.
holders were Interested In Tho Union
Pacific. Mr.. ThuTston, acting Tor the
receivers and pretending 20 take no
interest Ia tue question Of n separate
| TecpIyefship, had spoken for both the
| first mortgage bondb0ldets, who were
| willing TO have the receivers certin.
l,catss issued, and the Short Line com