Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-05-04
PARK In POSSESSION.
Hanitou Hotel Squabbls Settled BY
Judge MCMaSter, Who
ISSUES A WRIT OF RESTITUTION.
Fisher Yields Peaceable fossetslon-A
Miuing Dispute-Suit for d.
yorce--C0Uri Notes.


Hamilton q. Park is now In the
peaceful possession OF the Manitou
hotel, Judge McMaster having this
morning Issued writ OF restitution
which brought about that condition.
Immediately after the rendering oil the
COURTS decision Mr.. Park, accom-
panied by Constable Pattep, proceed-
ed to the premises and took possession
under the courts orders.
Mr.. Fisher was absent ut the time
and when he returned about noon, was
denied admission. Mrs. Fisher was
given potics to vacate, and immedi'
ately began the work OF packing up,
previous to bidding adieu. About two
thirds OF the guests vacateu last night
anu to-day, pretunabiy in ante patton
u what was coming, or the fear
that they would be- compelled 10
pay their board bills over again
Al all events a wholesale evacuation
began late last night, which diu not lei
up until noon touay.
The trial Of the case occupied the
Whole vi two days. Tho claim Tht
made by tbs deienuant's attorneys that
u WIT vi restitution coulJ not he Issued
under ten days. The cOurI tOyk the
matter unJer amusement aud deciueu
ms morning that the grounu was not
well taken, arriving al the conclusion
that he had no discretion in the mat
Ter, but had To Issue the writ ON the
UemanI oil Inc plaintiff, upon the
proper showing beiug mGIe. Judge
Me Master also awuruel plaihun
damages in the sum Oi 500, ninety.
nine Gems less than piainuh prayed
Tor.
Tue case has been stubbornly
fought une, much feeling having beef
eDgendeTeu on both sidee. Tie evi.
dence went to chow that the lease OF
Fishers terminated in November last,
by reason OF his iainng 10 comply
with one OF the conditions Of the in-
stTument, which was that u failure 10
ray the rent won d result iu notice
10 quit. The reEt for November not
having been paid when que, Park
caused notice 10 be served on Fisher,
requesting him 10 vaCate the premises.
Aner this 1t seems that an agree.
ment was entered Into between
The partlee, under which Arthur Park
was to act US Hamilton q. lPark's
agent ana to receive all moneys taken
In NJ the hotel, pay ali expenses, buy
the supplies, ETC., etc., tut showing
was to be maue demonstrating that
the hotel WAS paying expenses anu
enough over to hquIdate osck rents,
and II Park was satisfied with thie
arrangement q new lease was TO be
given Fisher. Park, however, claims
that he Was lar from being sAtisfieu
and hence refused to grant further
LEAST. Fisher kept no books ana was
unable 10 ssy what amount he hau
turnsu over TO MIR. Park since thu
agreement W 8 entered into.
The decision OF Judge MoMasteI
was based upon this wfitten agree
ment, which the court though practi.
cally maue Fisher Parks employs.
hir. Fisher wss seen by NEWS
man t0Gay and saiu that now u.
cgurt had Decided against him ne pro.
posed to abide by its us olsion. He fell
that he had been uniustiy dealt with
from the fact that au attempt was
made TO i0rcibly eject him.
n "A visit was niRus to the hotel thit
afternoon by NEWS mau, wnere Ex-
Deputy Marshal J. b. Cumm0ck Wal