Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-06-25
\ MUST STAND AS IT IS.
f. Bancroft or Nobody as Receiver
NO Certificates Allowed.
GOVERNMENT on TIE U. p. SIDE
been Troubled Rnd
Annoyed BIZ the Cnss-N"kcs
short Work CRIT

mere will be no independent receiv'
,,b,the Oregon Short Line railway
,uAh. The American Loan and
fva company declined to accept Mr.
nskroft NJ co.receiver because he was
\ ,uolon Pacific official. Judge Mer-
. IN refuses TO modify his previous
.,l,t Under this condition the Union
( p,sao receivers will continue to
A ,ssnle the Short Line in Utah In con-
psellon with tho Union Paoiii, main
no, 4. now remains 20 DO seen
,bs,hsr the Short Line roads outnido
1 /, this Territory will bs taken charge
aty Mr. Egan, and operated INDIE
,sudsnly, or fall back to the Union
P.clno management as formerly. That
nu,t be decided by the American Loan
I'D Trust company.
There was an Interested audience In
llsndance ut the supreme court room
l as morning. when there was called
I'd before Chief Justice Merritt the
,gploallon Of tue American Loan aud
I Trust company for a modification Of
he order OF court made In tne Shor;
4 Line litigation on June 10, naming
". II. Bancroft as co.receiyer with
!shn 81. Egan, requiring the pay menl
q interest on tho mortgages OF tile
lac south OF Salt Lake City, anu
ulklng no provision for the issue OF
ncsiyor's certificates. or the counsel
"a the Loan company, Judge John A,
NInhRll was the only ono present.
lsf the Union Pacific, there were
aaator Jonn NJ. Thurston, general
nieiioT, and Msssfs. X. 4. Hall, Il.
| Williams and Le Grand Young,
$40 engaged In the proceedings ON
htmef occasion; this force was also
augmented by tue presence Of General
CouAn, vino appeared under tue
iptclil direction OF the United States
altomty goneral, TO oppose the applics.
t0n Of tho boEn company.
The Loan company wanted mO1i-
fca.iOn OF tho previous order In the
allowing respects: The withdrawal OF
Nr. Bancroft ~ cO-receiyeT In behalf OF
tho applicants for Independent &C.
esVenhip, for the reason that they
bad not asked his appointment,
aud making II was NOT In
DEPENDENT receivership; the granting
9ipeTmiasiOn 10 issue reoeivot'a GER
ticalez ~ had been done in the other
courts, for the reason that the raising
3 large sums OF money required by tho
Utah courps order was impTAcllcR bic;
and the modification Of the order 10.
curling payment Of certain accrued
llIeitsl, for tnS reason that the ROAD
vas legend the Jurisdiction of this
court.
When the case came up today, Judge
Ainhall, on behalf Of the American
Loan and Trust company, reCited
tilsny the proceedings at the last hear
lns wherein the court made an order,
% certain conditions, that the Short
Llne should be turned over to recelV.
tn, naming Az such officers John M.
kgan ami w. III. Bancroft. He asked
hhA modification Of the order be
made, a. no application had been pre-
tented for the appointment Of Mir.
Bancroft as receiver. Therefore he
hquesled tho revocation OF Mr.. ban.
eioiPs appointment. IL was further
'Alti that the order conditioned the
hlslng Of large sums OF money. II
IT. Bancroft was made receiver II
souli continue the management In
We same hands 10 brioTe, anu In effect
mere would be no separate Tecei veT-
thlp. AZ 10 the next item, the re-
selyePs certificates, Mr.. Marshall said
Ihe court had stopped Mr.. Storey In his
aiglmtnt aud did not hear his side on
Ina -. H. -. 4
1Aed Al modification, granting per.
mission to issue tho certificates. Third
10 lhe matter of tho Utah Southern
ioAa, no wanted that part Of the re-
curling payment Of accrued Interest 20
stlrlcken out. as to the condition
imposed In Il ON the American Loan
~ iiu5t company 10 pay that interest,
ai Dillon had not appeared IN this
souri, aud 1t should by lett 20 the
.Asf circuits. This mortgage covered
Ioai not IN this Territory aud there
court.
senator Thuulon, for the Union
iAelhc sad he did not wish to argue
he cath tut himply make abatement
TTsliGlng the last question named,
Ine Loan company came to this court
u''n tue request to confirm the order
Ihe other courts, and this mad re-
yuI.d the payment OF accrued In
.lea' On first mortgages In this
aspect he urged that no modification
he order ought TO DO made.
attorney Williams said the motion
mhle on no new Hhowiug, but on
He 'oImor case, to enable them to avoid
ms payment Of interest on the ilrst
oNehge bonds OF the Utah Southern
NV olah Southern extension. lie
NJ referred TO the appointment Of
, bancroft, anu said It was tho duty
Me Loan company, Out OF courtesy
" WIS c1uTt, to ak the other courts TO
onhln Mr.. Bancfon's appointment,
Sut ihey had not done 10. He was
sphstd hI the claim that Mr.. Ban.
a,'vs appointment would render nu'
s."Iy Me separate recelvorship. Ihst
az merely street Clam0r that had
eu the newspapers, ana had
W place In court. This application
va violation Of the rule that NO man