Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-06-07


commanded. Hut u was a questtol
whether this court should be a iu Iicial
puppet, AM merely follow the aolIou
Of q distant court, or whether the
orders Of tfnnefer shall he u cnatac-
Ter . procure far, siu lie operation
u the entire ltcpstty In accordance
with lie charter OnliyRtions and the
iltetests OF all concerned. The court
mould Impose con itious which shouii
prevent tue diemembefing OF the fys-
lem ia Ut,h. 10 the Llan company
failed To take all the property, the 70.
] spOnslbility was win tle court " n
gave tbs order permitting dismembo;.
ment.
Referring to the procee iings In court,
5eustor Ihumlon said the nfst court ap.
uealed q WIS Gus vnioh hl1 only
four 10 ten miles Of road In iIs juris.
utction, but was the one IN which the
Loan com pany got an order AileCting
these vast interests. The judges there
aud IN Wyoming, however, wisely
made their orders subject TO approval
here. The Utah court could say % {
II had primary jurisdiction over neatly
all the lines Ia Utah, Ani could select
an associate receiver, Mt n1niuatsd
ny any Interest, but ny the court, and
| expect ny the rule Of comfy that that
associate receiver woull be endorsed
| Ivy the other courts.
Senatsr ThurstOn said that In the
other courts, wben no 1rgeI tue rule Of
comfy Il vas rldiculvd by Mt. Storey,
| senator DJlph, nnl oIusr counsel
ior the Loan company; but now they
Invoked IT, all. Nr. TLutslon helpci
10 establish she Tule 10 county, and
nma h. 4 Ia
II IL that court which takes property
secondatily will not undertake 10 turn
| over property dealt with Jy another
| court without ita uJutcgI: that u will
make no orders In contilc. with tue
orders In court % primary jufis1ic-
ton, provided these are legal. Thu
rule OF comfy could not be invoked to
shift this responsibility on to Auothor OF
making an illegal order, " to excuse
tho committing OF An error which an
| other court hal committed.
JUG, ThufAton then took up tie
question VI the relationship Of the Loan
company 20 the Short Line, claiming
that this former had no right 10 deal
with the divisions % this liuc which
previously existed, but must recognize
the entity with which II dealt when
the mortgage was made.
Al this point recess was taken TIL
pm.
When court resumed this afternoon
Senator Thurstou pointed out the fact
that Ia n court OF equity tue Interests
OF the public should be considered, anu
Ia the order OF this court this Interest
must DO recognized. In this particular
II was public necessity that the whole
line must 70 together AMI bo operated
together, A. tho Short Line aud the
Union Pacific ana receivers had done.
Mr. Thufstln Insisted that tbs Loan
company should keep the premises
made IN the Short Line consolidation.
The properties OF tho Utah Southern
and Utah Southern Extension should
not bs rendered vAluelvss by being
Topped of in a section pArallelei for
y hundred miles by the Rio Grande
Western. The consolidation assumed
the responsibility OF operating, and pay
lug The expense therefor, OF every part.
There was the public uuty to operate
every mile Of the roads that went into
the consolidation. Tho obligation was
the same over every part, ire vocable
upon the cancellations and II could 10
abandon II. II. grantee eau not do
what the consolidation could not do.
Some OF th,ss lines south are not pay
ing operating expenses. suppose tbs
Loan company refuses 10 take these
southern liuos, they must be operated
separately ata steady losr.
As TO the rolling stock, II was pointed
out that 10 all belonged 10 the oonsOli.
dated company. Tue branches south
had no tlils IN the nselves 10 a single
engine orcar. The Loan company there
tore will take, and expects 20 take, the
whole railway stocE. II IL will not
take the southern branches, II will |
strip these OF all the rollingst ok. The
gentlemen on the other side smile, and
well they may. VIII equity arrange
~ Ia what court? At Portland, the |
court Of dual jurisdiction. Aud yet |
this corporation had It's life In Utah; |
hence the equities should DO exercised |
by the Titan court In the order It |
makes Ia this oaSr. Under the law |
all the property Of the consolidation |
was equally responsible for the eK-
punses OF every part. There Ia NJ |
destruction OF possession, property, |
power, duty or obligation; the con.
sol dated company takes all. Tue 1nll. |
gstiOns Of the several parts become the |
obligations OF the whole.
The consolidated company acquired
tho valuable right to the irauchlss |
from the public fora quasi.plUlio seq |
vice. II cannot use the franchise to |
operate Ono part AMI refuse 10 operate /
IA, other. The console ated company |
gave TO the NOR gagee only Whist Il |
p.,s-ssed; thete'O fo the mortgage, the |
Llsn compuny, must iultil tho obli-
CATIONS Of t4e cJLs)liIatiun when IL |
ruiorors lis mortgage claim. THIS
caches 10 every part, for the former
&c iGTAts portions became part of enc
general property In the consolidated
company.
Judge ThuTston further claimed
that the former inOricAgs ON any paft
Of tue road was 1orgrbgH on tho con-
soliiated Company franchise entire.
Therefore tbs ORIGINAL mortgages on
par " ne -hput Line hal ,rrcs nee
over the consolidated mortgage. The
consolidation assumed tho Obligations
VI tho psTts. and tho general franchise
was pledged TO the satisfaction Of those
Toe Loan company had
taken Its mortgage, subject, Ia express
tsfms, 10 those obligations, naming
the mortgages teaiY ON portions Il tho
line, anu tho resi- onsibllily hereunder
could not he legally ovaIed. The cln-
solidatsl mortgage did not take the
road plecomeal, hut A. n whole,
subject to all that was uIou
Ia I