Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-03-30
PROVO.
An important Case.


leste day mornlu In the Fuuith
district court an important csBe was
Cslled for trial. The case 10 entitle
he Rio Grsnde Western Railway
conn am We The Telluride Power
Transm asion company ct al, and In
volv tn rI2ht Of way through Provo
ca on which the railway company j.
o esting fof and which the defend.
art CORPORATE n Ia desirous Of prevent
ing them trO II obtaining at the place
they want &c. for the reason that 1t will
interfere with the erection OF dam,
by the defendonts, for this reservoir
and power . ant in the oanyon. juice
Harkuess Rld Thu man d Wedg.
wood appeared Tor the platutifi and
Senator Brown and s. A. Bailey or
Telluride, Colorado, for defendants.
The case started before Judge Hutch
last fall, and defendants petitioned to
have IL removed TO the Federal court
Ia Salt Lake for the reason that some
Of tue litigants were residents Of d fer.
ent states. Judge Hatch denied The
petition and the defendants then
obtained certified copiee of tn
flies and took the case TO the
U. S. District court and petitiOned IT,
have 1t heard there. The case has
been under consideration there for
some time and Senator Brown yester.
day morning objected to having Il
heard here on the grounds that II wac
in the Federal court and any adjudi.
cation that might be made In the case
mere would be void. While ne WINS
arguing this point, and IL was received
that Judge Mar-hall had remsndsd
the case to the Fourth District Court
for trial, ana the case proceeded.
The complaint alleges tn at In March,
1886; the plaintiff corporation made
surveys for line OF railroad through
Provo canyon, which passed over
piece OF unsutveyed government land,
occupied by A. l.. Murphy, from
whom the railway company purchase
on June 26,h, 1896, such right OF way
a. he could give them, and the plain
li1 company commenced work on the
ROAD through said land, which they
were prevented from entering by the
Defendants. Plaintiffs ask that title
may be granted and that the defend
ants be eujoined from entering upon
tho land and from asserting any
ownership thereto.
A large amount Of documentary
evidence was introduced relating to
the Organization OF the Rio Grand
Western Railway kcompsny, etc.
Mr., Murphy, the man who had
squatted on the land, was called and
identified the deed and testified to
his occupancy OF the land, which he
Intended to enter under the home.
stead law, whenever 1t was placed OH
the market.
Il. ]. Yard, chief engineer Of the
II q. w. Railway company, testified
TO having the line surveyed with the
intention OF building railroad from
Provo to the eastern boundary of the !
State In Uintah county anu that the |
route through Provo canyon was the |
most feasible for such road, and also |
that the survey as made through the |
canyon was on grade best adapted |
to building a railrOGj. In answer to
Mr.. Brown he said that the road could |
be built higher up in the mountain go |
as not to Interfere with the Power |
company's dam but 1t would be- more |
exIensive and operating expenses |
would slso be greater. The grade as |
surveyed was u 2 per cent grade, Oh |
the main line OF the road. There |
were PLACES where the grade was IS |
per cent, but 1t was very inconvenieul |
anu expensive TO operate road over |
tuCh grade. O.her engineers OF the |
Il
Ysrd's testimony and also testified to |
grating having been interrupted ON |
the piece Of land occupied by Mr.. |
Murphy by reason OF the actions o !
the defendants who hsd ordered the |
graders TO stop work, which they had |
done. The case viii last several days /
az there are many witnesses to be OK.
amiped on each side.
OTHER BUSINESS.
CGpitolR March was granted a di.
vorce from VIM. II. March on the
grUund OF cruelty.
Carte Binder secured O divorce from
George g. Binder on the Rruun 10 OF
cruelty and failure to provide.
Matte Il. Nelson Vogtl has com.
meuced suit against GuH.sf a. Wild
mark to collect $500, with Interest nj
| per cent per mOntd from Maroh l6,h,
1894, ON promitsory note, sscuteI by
GU Provo City property. A.
l.. Booth Is attorney for plainuff.
The case Of the Slate o Utah Peter
Larsen, grand larceny, was dims