The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-08
MAY APPOINT
A LOCAL MAN
Continued from Page II

dead sea fruit-ashes at the core.
Eheir desire is to get hold
OF the best portions of this
line and let the others go. Counsel
in order to put themselves right with
the public, say they have advised their
client to take over the whole of the
! Oregon Short Line and Utah Northern
and pay the liabilities thereon, but
nothing of record appear to bind them
so to do or to prevent them from dis
! migrating the line if they do get it.
! The operating expenses of the con-
soldated company must be paid out
! of the general funds of the company,
! and when this territory authorized the
| formation of, the Springing into life
| of the consolidated company, it was
with the understanding that every
/ mile of that road would be operated.
| 1t had no more authority over one
| than another.
! Now the lines south Of Salt Lake city
| are not paying expenses, but the other
! portions of the road are bound to con-
! tribute to help keep the southern line
running, but if these people are al
| lowed their way, the northern pOr-
ton will be freed from its obligation,
undertaken at the formation of the
consolidated company, and the south
ern portion of the line cannot run by
! itself. The rolling stock of the original
mortgaged branches has all worn out,
! The life of rolling stock is like the life
of dog, about twelve years, and new
/ rolling stock owned by the consolidate
ed company has taken its place. No
| one branch of the road has title to a
! single engine or car. The southern line
{ would be stripped of its powers to do
anything. 1t could not command or
hold a single car. But the gentlemen
may say the interest can be divided by
court of equity. Yes, court of equity
at Portland regulating the affairs Of
the people in Utah A nice proposition.
This corporate consolidation is like
marriage. When a man marries a
woman ne makes himself responsible
for her debts, all of them. AS it were,
he absorbs her, and in so doing alb
serbs the responsibilities also.
That franchise is one and indivisible;
it cannot be used for the purpose of
operating any portion of that line, I'M
less it operates the whole of it. Now
the Trust company took a mortgage.
and by that mortgage was conferred
on it no greater powers than was pos
sessed by the grantOr, the consOlidat-
ed company.
They ask this court to give to their
receiver the franchises in order that
he may operate the railway company
to earn money to satisfy the mort
cages. Four grants were made by the
mOrtSaSee-hrSt, the line; second. the
right of way and buildings; third. the
rolling stock; fourth. the franchises.
1t is under this fourth grant that
they are given authority to operate
the road; this franchise is indivisible
and belongs to the consolidated COM
pany, and not to any of the old mort
gage divisions. That general franchise
is pledged, the incomes from the work
ing under that franchise is pledged to
l0n 4frse-r l. IL
mortgage of the Trust company is
subsequent thereto. The law gave this
consolidated company the powers and
privileges, but the plaintiff saws it
TOOK II in such way as to take only
the corpus of the company But that
great franchise which gives the life
blood to the whole body is owned by
all the divisions of the consolidated
company and it cannot be divided.
1t is common to them ALL
The court will not lend itself to any
process OF destruction and the public
nave right to demand the operation
Of the road under these franchises. 1t
IS not and will not be permitted that
the welfare and prosperity of a whole
people be stopped at the behest Of any
one man.
Our friends come into court and cry.
the bond. the bond! Shylock had
bond too His was for a pound of
human flesh cut from nearest the
heart, but it appeared that no blood
was to be shed in cutting his pound of
flesh. Neither can they have the
franchise unless they operate the
whole line, not only a part of it. 1t
is all or none.
Judge Sanborn did not follow the
order made by Judge Gilbert. He put
in all the safeguards that he could for
the protection Of the people The
conditions of the two orders are al
together different. The Dillon mort
gage was the only one in Judge San
born's jurisdiction and he stipulated
that all the interest on that be paid
before they took possession of the
road and that they must keep the in
terest paid up. He could make no
order about any portion of the road
not in his jurisdiction. Your honor
has the power to place all possible
safeguards around this property for
its preservation and it is your privi-
lege to guard the interests of the peo-
pie. You cannot do less and YOU
would not do more.
If, said counsel the plaintiff takes
only the portion of the lines out of
Utah, the responsibility for the dis
Indignation is with the plaintiff, not
with this court. We ask the court to
make the same safeguards as did
are greater than those of Judge San
born, because the small portion of the
line which is in Wyoming has no
fourishing communities; it passes
through a country inhabited mostly
by the denizens of the sage brush.
There is only twenty-siX miles of the
road in Wyoming while in Utah there
is nearly 500 miles. passing through
f1ourishing communities, busy towns,
and here in SaltLake, as pretty a city
as ever Gods sun shone upon
These same gentlemen own $4,000
600 of the Oregon Navigation COMPANY:
they are the controlling stockholders.
Mr.. Storey-Yes, the stock is adver-
tised for sale
Mr.. Thurston-Yes, they want to re-
construct the Navigation company,
like they want to do with the Oregon
Short Line, and adjudicate on the af-
fairs of this railroad in Portland, Ore,
like they did few weeks ago when
Mcneil, the receiver of the Naviga-
ton company, happened to be there
to look out for the welfare of his old
friend and employee, Egan, and Judge
Gilbert made an order and no doubt
the interest of MCNEIL, Jim Hill ct al,
will be properly looked after. Oh, yes,
Mr.. Egan will attend to that
Mr.. Storey would like to hear you
Judge Gilbert was present.
Mr.. ThurSton@I would not saw
anything in one court that I dare not
say in another, and if you like you
may write Judge Gilbert and acquaint