The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-08

that such selection should not be done
for the court, but by the court.
Mr.. Thurston, continuing his adj
dress. spoke of the Union Pacific lin
from ogden to Omaha and supposed
case that every ten miles OF the 1,04
were mortgaged to different people
and each insisted on separate re
ceiver, it would tie up the road from
the enjoyment of the people; wherea
Mr.. Storey smiled and Thurston IT
marked:
My friend smiles that whitening
smile which is an infringement of
patent issued to a Chinese god owe.
1000 years ago.
MI. Thurston then discussed the
powers of the court to permit the is
suance of receivers certificates am
remarked that, because Judge Gilbei
and Judge Sanborn had made mis-
take II was not incumbent on MS mono
to do the same. Counsel contende
that there was no law authorizing IL
issuance of such certificates TO pa.
off interest obligations, when the Is
suance was opposed by any of IL
interested parties. Counsel challenge
the petitioners to cite case whel
such had been done in an adjudicate
case. Such power is born of the me-
eSSitieS of the case and for the prese-
is not to be used except when I'll
necessities are great.
There are no necessities in this case
It is not needful to borrow money 70
the preservation of the property. 1t
in good condition now, better than j
ever was, and can be operated for
hundred years without borrowing
cent. Receivers certificates might b
issued if they did not create an ad
ditiOnal burden on the property; but Il
this case they would materially in
crease the burden, especially as til
proposition is to sell them at 50 L
bear 6 per cent interest.
Counsel said Judge Gilbert ha,
stated during the arguments of tn,
case before him that he would no
authorize the issuance of any certifi
Gates to be sold at less than par. ant
on the strength Of that statement Il,
argument was then made by the de
PENDANTS on the subject of receivers
certificates. Then, said counsel, to Oul
utter amazement, Judge Gilbert, whel
delivering judgment, said he had come
to the conclusion to let them ISSUE
certificates seeing they wanted them.
In conclusion, counsel said he had
endeavored to lay the case fairly an6
impartially before the court, and al
l ask is that your honor will decide
according to the law, which canno
be violated or abrogated by any court
without danger to the liberty o.
American citizens.
MOorfeId Storey.
Moorfeld Storey then commenced
the closing argument on behalf of the
American Loan and Trust company.
Mr.. Storey said that Senator Thurston
had been unjust in his statements OF
what was done in Judge Gilbert's and
Judge Sanborn's courts. 1t was abso-
lutely without foundation, in fact, that
any arrangement had been made
with Mr.. Egan and the Navigation
company, such as Mr.. Thurston had
intimated. Mr.. Storey said he would
not attempt to so into the case with
that eloquence and at such great
length as Mr. Thurston had done.
Counsel then went over the grounds
on which a separate receiver was
asked, viz, the Union Pacific having
broken its contract to pay the inter
est on the bonds and to apportion
enough of the gross earnings of the
entire system to pay the working eX-
penses of the Oregon Short Line and
Utah Northern.
referred jocularly to the new born zeal
and interest which Mr.. Thurston said
the Union Pacific company had in the
people of Utah.
Mr.. Hall, said the speaker, appeared
as counsel ostensibly for the Oregon
Short Line, but really for the Union
Pacific, which holds a majority of the
stock of the Oregon Short Line. 1.-The
hand is the hand of Esau. but the
voice is the voice of jacob Mr.. San
born, appearing for the Ames interest
really and in fact represents the
Union Pacific and then Mr.. Pierce
Of ,c,Y-fc- 90
bondholders produces a telegram from
his clients instructing him not to op-
pose the issuance of certificates. Then
there is Mr.. Thurston. who repre-
sents the present receivers of the
Union Pacific. The whole is a coali-
ton to keep the Oregon Short Line &
Utah Northern as a feeder for the
Union Pacific, a source from which 1t
may continue to draw revenue with
out giving the return it contracted to
do or in fact any return at all. Now
can the Oregon Short Line and the
Union Pacific, whose interests are so
dissimilar. be managed by one set of
receivers and thew the servants of the
Union Pacific? No man can serve two
masters, and that is why we want
man who viii attend to the interests
of the Short Line without any Union
Pacific strings on him.
II WISH" said counsel, that Judges
Gilbert and Sanborn were sitting on
the bench beside your honor, then the
and statements by the
other side as TO what took place in
the other courts would be considerably
modified"
Counsel said he was thoroughly in
accord with Mr.. Pierce today when
that gentleman urged uniformity in
making whatever order is to be made.
Mr.. Williams argument that the
Utah lines were the most profitable in
the system was referred to, at which
point court adjourned till 10 o'clock
this morning.
Want Their Judgment Satisfied.
While the hearing was in progress
Attorney Rogers, of Evans & Rogers,
of ogden, filed a petition praying that
if a separate receiver was appointed,
the present receivers be not discharg-
ed until they had satisfied a judgment
rendered against them in the Fourth
District court at Ogden in favor of
Robert Murdoch for $4,000 for per-
sonal injuries sustained by Mr.. Muir
dock by being run oveT by one of the
Union Pacific trains.