Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-07-17
TBLEGRAPHlC.
BELLINGER'S ORDER
Vim, That The Oregon Short Line
Ulah Northern Must Bs'S0ld
10 SATISFY THE MORTGAGE
Jodse. sapborn aud Merritt Must FIRST
near the Ease, Ihoush-Ihui"
ton Explains.


p,prLASp, Or, July l8.-Judgo
u.lnpsef, IN ordering the foTecloiuIe
.,,hs consolidated mortgage, gave u
,,,.,onl decision. He paid little nj
eaton 10 the question Of jurisdiction
..,,,I by tho defense. He said that
IN, ,oai wa, now IN the hands OF the
r,l,n P.cidc receivers, who were APP
,.I,,sd by the court aud were oiliceta
',,h.r ,url, The ROAD was controlled
n, the court, and the suits concerning
.h,dto be decided here. He said that
an, c,psolidated mortgage, amounting
,sl0OJO, 900, was not disputed by tue
go, Line atlofucys. they had not
ss,,sd thatit was valid, nor that the
isi.,,.t Iup on tho bonds Issued under
mai NOT Ieen raid. In answer 10 the
Nm q complaint filed by the trust
eonlary they mad not set up any
calm against tue legality OF toe mort
gage -,u- 4. A..
Arguments which tho Snort Line at.
i5futy. made against foreclosure, no
silscilon 10 the plaiutin's right to col.
lsst mad beon made. rhe objections
yetc purely technical. They concerned
msfely the form OF procedure IN tho
courts. The anbwor had said that the
moftgage was not fully described la
the bill, but II was not denied that tue
e5py OF the mortgage was true copy,
Inilt wns Therefore 10 be Inferred that
ilWas correct copy.
THIS decision means that the Oregon
shofl Line y Utah Notthefn, or sugh
tofIon u Il ~ lies wituln this circuit.
must be sold at public auction TO satis.
IS tho consolidated mortgage. Tue
i5ftcl. sure Il upon tho failure Of the
c5mpany 30 pay Its interest
Before any action CaH Do taken, the
Gaze must be heard aud decided by two
otter United Siatep Iudges-ssnb1rn
Of 81. Paul aud MeTTltt of Salt Lake.
Psu " the company's property IL In
Wyoming, whicn IL 10 Judge san.
bJln's circuit, anu part Ia Utah, which
u In Judge Merrilps district. Its
pfesumel that Judges SgnbUTn and
Mtullt will concur Ia the opinion, anu
make DEGREES ~ cover tue entire prop.
tfty oi the company. There may be
much delay shout II, because these
Judges may permit tnc ShOrt Line
attorneys 10 Withdraw their answer To
tho bill VI complaint, aud die smother,
~ they tried 10 10 here. should this
be permitted by tue other judges, 1t
will mean further delay,
IL H. nuunFafnnI that fpa ,aaI a., an
BE- bought ~ at Tue foreclosure sale by
the American Losn d Trust company,
subject 10 the first mortgage held by
the Fafmcts' Loan X Trust company,
and thus secure control u the road, as
Il desired 10 do by the appointment OF
separate receivers.
not SURPRISING.
OMAHA, July l0.-Generai soliGl,o I
ThuflUH, VI tue Union Pacific, said
today tlat the granting Of the decree
Played Tor Ia the Oregon short Line 4
Utah Northern case at Portland was
expected by everybody connected with
The company.
"Beivro the sale OF the property II
ejutummaled,' said MIR. Thurston,
"uudUubleily similar DEGREES viii be-
a'scd for from courts In whose Juris.
dlclion the property lies. This will
take some time. ThoD, again, the 10.
oigauE.tion committee will have Ia
geI together anu unite what now seem
olveigent Interests upon some common
basis This done,a company viii have
ole formed for the purchase OF the
properly. The dofaulted Interest VIII
haSrIto tepald teioTe the new company
eau succeed 10 tho control Of tho prop.
tHy."