The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-11
I believe we have right and justice on
our side"
Judge Merritt's Order.
The full text of the order is as fol-
lows:

Oliver Ames. second ct al. complain
ants, VS.. the Union Pacific Railway COM
pany, the OREGON Short Line & Utah
PENDANTS
James NJ. Ham, trustee, complainant.
vs. the oregon Short Line & Utah North
9ih railway company, the Union PACING
hallway company, the American Loan
ana Trust company, S. H. H. Clark, Oil
yer ". Mink. z. lllery Anderson, Fred
eric t. Coudert and John ". Doane, de-
PENDANTS
James NJ. Ham, trustee. complainant.
vs.. the Oregon Short Line & Utah North
halfway company, the American Loan
anu Trust company. =. II. H. Clark Oil
yer w. Mink, f. Ellery Anderson. Fred
eric X. Coudert aud John W. Doane, de-
PENDANTS
Joseph Richardson, trustee complain
ant. vs.. the Oregon Short Line Utah
ants.
The American Loan and Trust COM
pany, trustee, complainant. vs.. the Oregon
Short Line & Utah Northern Railway
company, defendants.
This cause coming OH to be heard upon
Inc motion Of the American Loan and
Trust company, trustee of the consoli-
dated mortgage of the Oregon Short Line
q Utah Northern Railway company,
dated the first day of August 1889 for an
order directing Silas II. II. Clark Oliver
W. Mink, z. Ellery Andersen, Frederic
X. Coudert and John W. Doane, receivers
now III possession OF the railway lines
and properties of said the Oregon Short
Line & Utah Northern Railway COM
pany, to transfer and turn over the said
railway lines and properties TO John NJ.
Egan, receiver appointed by the circuit
court of the United States for the district
OF Oregon on the 10Th day Of March, 1895,
in the cause brought by the American
Loan and Trust company against the
oregon Short Line & Utah Northern
Railway company for the foreclosure of
the said consolidated mortgage, Mr.. Moor
r1r1l- ( ali
pearlng and having been heard for the
motion, and Mr.. John II. Thurston APP
pear1ng and having been heard for the
sald flVe receivers, and Mr.. Winslow S.
flerce appearing and having been heard
for the trustees of the senior mortgass es
now under foreclosure proceedings. and
Mr.. X. ). Hall appearing and having been
heard for the Oregon Short Line & Utah
Northern Railway company, Mr.. +. L.
Sanborn appearing and having been
heard for Oliver Ames, second. and Sam
uel Carr, present holder and representa-
tive of securities of the Oregon Short
Line & Utah Northern Railway company,
ana MI +. L. Williams appearing and
having been heard for Mrs. d. c. Dunbar
ana j. z. Clinton ct al, present holders
and representatives of certain first mort
gage bonds OF the Utah Southern Rail-
road company and the Utah Southern
railroad Extension and other stocks and
bonds of the consolidated company, and
upon due consideration.
Egan and Bancroft Appointed.
1t is ordered. adjudged and decreed.
mat John NJ Egan, of st. Paul. Mime
sofa and w; H Bancroft, of Salt Lake
City. Utah, be and they are hereby ap-
pointed by this court as receivers of all
the railways and property, so far as the
same are situated or may hereafter be
found within the territorial Jurisdiction
of this court and comprised in the inden-
ture of mortgage dated the first of Au-
gust 1883, and made between the Oregon
Snort Line d Utah Northern Railway
company, on the one part, and the Am
erlcan Loan and Trust company of the
other part, and upon and during compli-
ance with the conditions hereinafter stat
ed they are hereby authorized and di-
rected TO take and hold possession of and |
operate the railways and properties COW !
ered by the said mortgage, so far as the |
same may be situated or hereafter found |
to be within the territorial Jurisdiction /
Of this court, and take and use the sup
plies and materials which have been dis |
trbuted along the line of said railway /
for the use thereon by the receivers now |
in possession
Must Pay the Interest.
Upon condition that the American Loan
ana Trust company pays the interest now I
due upon the debts secured by the first /
or underlying mortgage to John f. Dillon |
trustee, for fourteen million nine hundred I
and thirty-one thousand dollars 1881 /
900, on that portion of the railway of the /
Oregon Short Line & Utah Northern rail- /
way company, which, prior TO the con- /
solfdauon, was owned by the Oregon |
ollOIl Line railway company, tnaI II ]
pays the interest now due upon the debt |
secured by the first or underlying mort /
gage to Joseph Richardson trustee for |
81, 995, 900 on that portion of the said rail- |
way lines which was formerly owned by /
the Utah & Northern Railway company; !
and that it also pays the interest now
due upon the debts secured by the under !
lying mortgages to James NJ. Ham, truS- |
tee, on those portions of the said railway |
lines which prior to the consolidation |
We're owned by the Utah Southern Rail !
man nv he -f1l,
Railroad Extension, which said mort |
cages now amount TO the principal sums, /
respectively, of 81, 5260O0 and $3.50 600; and |
that 1t pays the inStallments of interest /
that hereafter become due upon the I
bonds secured by each and every of the I
said underlying mortgages during the re- !
ownership as they respectively fall due.
The right of the said receivers TO take !
and retain possession of and operate the
said railroads and property covered by
the consolidated mortgage of the Oregon
Short Line & Utah Northern Railway :,
company to the American Loan & Trust
company, dated the first day of August,
1889, being subject TO the performance of
each and every of the said conditions by
the said American Loan & Trust COM
pany:
Upon payment by the American Loan
& Trust company on or before July 1st,
1895. to the receivers now in possession of
said property of the sum of $377 $50 and
interest on $447,930 from February LIST,
1895 interest due on the underlying mort
gage of the Oregon Short Line company, |
and of the further sum OF S64 S25 and in
terest on $174S25 from January 1st. 1888,
interest due on the underlying mortgage
of the Utah Northern Railway com
pany, and of the further sum of $106,S20
and interest on S53, 40 thereof from July
!, 1894, and interest on $53,410 thereof from
January !, 1885, being in the aggregate
the amount of interest moneys due on
the underlying mortgage of the Utah
Southern Railroad company. known as
the general mortgage of said company; /
and of the further sum of S17O,S70. with
interest, on $343I0 thereof from January /,
1894, and on $6S,25O thereof from January
!, 1885, being in the aggregate the
amount of interest moneys past due on
the first or underlying mortgages of the
said Utah Southern Railroad Extension;
which said several sums shall be forth
with applied by them to the payment of
the interest now due on the debts secured
by the said respective mortgages.
Present Receivers to Turn Over
Their Property.
Upon such payments aforesaid and the
performance of each and every the said
conditions the receivers now in possession
of the said railways and properties, to-
wit, S. H. II. Clark, Oliver S. Mink, E.
Ellery Anderson, Frederic r. Coudert.
and John w DOane shall surrender up
and deliver over TO the said receivers APP
pointed by this court the possession of
all the said railroads and properties of
the Oregon Short Line & Utah Northern
Railway company. so far as the same
may be now situated or hereafter found
TO be within the territorial jurisdiction of
this court and covered by the said con-