The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-11

Cg1ef Justice Merritt yesterday
mofhing handed down his judgment
in the application of the American
Loan and Trust company for q separ-
ate receiver for the Oregon Short Line
and Utah Northern Railway company
The order handed down by his honor
appoints John NJ. Egan, of St Paul,
MINI, and w. H Bancroft, of Salt
Lake city. Utah. receivers of all the
properly of the Short Line within the
jurisdiction OF this court and they are
empowered TO take possession of the
property upon payment by the Trust
company of the interest in default
upon the debts secured by the first
Lsprtgages on all parts OF the prop
erty and which amounts to about
$1,500.0 GEO at this date. Said payment to
be made on or before July 1. 1855.
IN the matter of the issuance of re-
ceivers' certificates the order is silent
and the attorneys generally took it
that this silence meant that authority
10 make the issue was denied and that,
therefore, the means by which the
Trust company hoped TO raise the
money to pay the defaulting interest
was withheld. Chief Justice Merritt,
however, said, in talking with a Her.
aid reporter that he had not pro-
hibited the issuance Of receivers Ger
Utica - and intimated that if appli-
cation'S-5A authority to make the issue
was nfysy made he would grant it.
The attorneys for the Trust company
say they will not, however, accept the
conditions of the order even if they
n.y. Z
They claim that Bancroft and Egan
could never get on together and make
n success of the road. They say that
Bancroft is the friend of the Union
Pacific, and that with him as one of
the receivers the Short Lines inter
ests would be made subservient to
those of the Union Pacific, as they
claim it has been in the past. So the
matter stands new, and everybody is
inquiring. What next"
In the Court Room.
The court room was crowded yes
terday morning and promptly at $3.50
Judge Merritt took his seat en- the
bench, Attorneys Kellogg and John
IdarshAll were present representing
tbe( Trust company and Senator
TBurstoL and Hon. P. L. Williams
representing the Union Pacific. Mr..
Egan was also present and occupied
a seat next to Mr.. kellogg.
Judge Merritt at once announced
that he had given the case very care
full consideration and had concluded
TO grant the application for a separ-
ate receivership and to appoint w. H.
Bancroft as associate receiver with
Mr.. Egan.
\ moments silence followed this an
nouncement and then Mr.. Kellogg
arose and addressing the court said,
I no ri
subject of the personnel of the asso-
ciaUe receiver
tadge Merritt have already set
tied that.
Mr.. Kellogg-We should like to be
heard, not as to the appointment of a
receiver, but as to who should be the
associate receiver. Mr.. Bancroft is an
Officer, OF the Union Pacific"
JuSAy Merritt know Mr.. Bancroft
and Y believe he would not be influ-
enced by the Union Pacific. 1 believe
lie would be thoroughly non-partisan
in his actions.
Mr., Kellogg-WiIl your honor grant
us a few minutes to look over the
order!
Judge Merritt-Certs inly. (And to
the bailiff)-Adjourn this court until
Saturday morning at 10 o'clock.
How it il Received.
The decision is generally looked up
on as a victory for the Union Pacific
and the Trust company say emphat-
ically they viii not accept the Utah
portion of the road, and as TO wheth- /
er they Will take the other portions
under the orders made by Judges Gil /
bert and Sanborn they can make no /
definite statement at present.
The outcome is in the nature of a
disappointment to those people IN /
Salt Lake who would have liked to see (
Mr.. Egan appointed sole receiver and |
for Egan to establish his headquar-
tiers in Salt Lake. On second thought, |
however. many of the business men, |
WHO have high opinion of Mr. Ban
croft, feel that in accepting the re- !
Ownership and severing his connec- /
tion entirely with the Union Pacific he /
would be faithful to his new trust in /
every detail.
What Kellogg Says.
Er. Kellogg was seen by a Herald |
repprter and in reply 10 the question
Va are you going to do now? said:
.i.1HSScthing. L am going home. We |
will not accept the ruad on the terms
nj Judge Merritt's order"
Mr.. John Marshall, il reply to a
similar inquiry, said:
I'VE will do nothing. We will let
the matter go. We cannot accept the
..yyhat about the portions of the
line outside of Utah?"
Il don't know what we will do in
regard 10 them. I am not sufficient
w good railroad man to say whether
they could be operated successfully
Mr.. Egan Interviewed.
MIR. Egan, in reply to the question,
what is the next move? said he GER
tainly would not accept the Utah line,
an6 as TO the parts in the jurisdiction
of Judges Gilbert and Sanborn, he
'so,,ld not say what would be the ac-
: -. - TIA .T,,.11sf com many in that