Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-06-25


Judge Matshsi They are only ~ TO
the receivers certificates.
MI. Hall-Ihe Oregon Short Line
has appealed from tbe " hole order.
Judge Matshali-l know OF no such
appeal being SLOWED. 1 would like ~
ask VITO allowed the appeal TO the ap.
pOintmeul Of n receiver
Mt HALL believe Judge Beliinger
~ the one.
Judge Matshsll-I understand Judge
Bellinger vacated the appeal except Ne
to the ccit ncates. Tue appointment
OF receiver stll remains. This court
has lUris1iCiion here, and hiss not fol-
lowed the other judges. Such an appeal
cannot affect tins court exercising lie
judgment ~ IL did be ore. IL IL now
apparent that nothing eau be- done
under the pr,sent order, because II is
inipUisible Tor us 10 pay large amount
VI money 10 rcmain under tho same
management ~ before. We are met
with an obstacle that makes II impossi'
ble 30 follow tue order Of court. May
We not ASH the court TO modify this
otdoi2
senator ThurstOn-If your client
cannot take the road you will not have
the crur, take 80
Judge Marshall-Thats ugg,stion has
been made to ami thrown out ny other
Judges. This court does not pretend, OF
ils own motion, TO take hold Of and Or
crate railways This court selects a
railway mSu to operate the road; II
does not DO u iIs8t. THIS and other
courts havp said ths Short Line should
nave u separate rcceiyefship. Nit.
.NfaN sat NH1t "a M n
n separate recoivefshlp.
Gen. COwAn, government attorney,
said he was instructed by the attorney
general to ttrenuously oppose tho ap-
pIicatlon ON the part VI the govern
munt. The receivers formerly appoint
OF wura satisfactory 10 tho government
rs it, interest ran along win the prop
sriy. The Loan company had asked
for an independent receiver, q which
II has right when tue accrued interest
On tho mortgages Is paid. On behalf
Of the government he thought
the separation should nltbe made; that
Ia tho intetcsl VI tue people VI the
Wosi, no segregation should DO maize.
| Judge SaubOtn had said that Mr.
Storey gave him to undcrstAnd that
| the money would be- raised IN the
utuRl way, and had not said anything
OF receivers certificates. The PROPOSE.
ton now was ~ make new inoum-
brance Oh the property. II was an un'
usual proceeding ior unior
mortghgee 10 prOcsed ~ proposed here.
Mr. Hail followed, saying he had
expected n new showing, hut was dis
appointed In finding none. There
had been appeals from Judges Gilbert
anu.5anbUrn, the maiu feature being the
objection 10 receivers certificates. Mr.
Hall urged tho Loan company had
shown lack OF good faith.
| Mr. LudrAnj Young oppo1od the
change OF tie receiver, or the dismiiaal
VI Mr.. Bancroft until the accrued IT.
torest Ia paid OIL. The proposition to
do no was absurd; II was an outrage to
Iogtogate these roads. Ho Insisted
that prior liens should be satisfied be.
fore the Loan company took the road.
Judge Msr.hall-DO you oppose tue
issue " oorlihcAtet9
Mir. Young-l have nothing TO shy
on that. l only say that our lion
should he satisiied.
Judge MatshAll-The court did MOI
forbid certificates, and We prSsu met
tuat It was not necessary 10 bring new
matter on this subject.
Mir. Msfaht II then pointed out thai
the prosecution VI the foreclosure suit,
by the other side would segtsgAte and
dismembur the road. The appeal was
not y superssdeas, therefore the OEden
are In force.
Judge Merriit-I understood It was
n IupoTsedsas bonu2
SeaatOr rhuIa.on-No Gupersodeal
bond was given.
Judge Marshall-For the nrst time
we see tue government reprose ntol
here. IL hAs no interest 10 this road
Ils lieu 10 on the Union Pacific. l an
! suTpTised that tho attorney general u
tho United States sends q man here Il
urge the Interests Of tho people Of thii
inlrrmountain region. The attorney
general does not represent them. IL,
| has no Interest here. As to segregation
there 10 no thought OF II ON our part
IL would be sgsinbt our Interest Il
segregaIe 1t.
| General COwan said hs did net wisl
10 be- Iuisu ndsrstOod. He opposed tn,
spplicstiou on behalf OF tue peouniArJ
interests Of tho government. Win
respect TO the ding at thu Interest o.
the goysrnmuut In this region, no did
not suppose the people were out Of th,
government, hut were trying to get In
! Tue government had donated millions
In land 10 give the poopls hsro trans
poTtstiOn. Yet the attorney gsn0rs
T.pTessnted only the peouniRTy IN
tefrsls OF the government In this par
ticulnr case.
Judge Marshall-I wss surprised Il
hear the gentleman say the attorney
general had instructed him 10 appeal
In the interest OF the people. That OIL
Ger 10 not Interested In private litiga'
ton, The government has no intores
mere, Il. has not been allowed TO Inter
yene, Does II come here simply 4
give weight to the other slde3 W.
think IL should be given no weight.
Judge MeTrltt--lhis case has glVeI
me- great lroublC aud some annoyance
1 made no order respecting receiver
certificates bsiore, gud shall not do q
now. That matter Is being considered
In the appeals IN other circuits. In th'
moantine / viii lot tho order slSnI al
before.
Al This point the attorneys interest
ed. the railway mon, and the large
| uoftiop OF the nuulsnco left the couT
room, where other buuineaa Of minoi
interest to tue public was taken up
Pbefe was good deal Of discussion o
the order among business men Whei
they learned Of II, anu disappointment
was generally oNpTessed'
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Wnltnn and GueSt Fined,