The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-06
RAILROADS ENGAGE
IN LEGAL BATTLE
Nevada Judge Holds Court in
This City.
GRADE CASKSARE HEARD
PORTIONS OF SHORT LINE CON-
PLANT ELIMINATED.
GRADE CASKSARE HEARD

Opposing railroad lawyers crossed
swords yesterday in the controversy
over the rights OF way in Nevada.
Judge Talbot of Nevada sat in the SUI
preme court room ia the joint building
and listened to arguments. The ore
gOn Short Line was represented by
General Counsel Williams of thau road
and Judge w. r. Kelly OF Omaha. gem
eral solicitor of the Union Pacific The
san Pedro end was held up 10y Vice
President and General Counsel + y.
Gibbon Of Los Angeles and by Gen-ral
Attorney &. +. Whittemore. The cas- IS
at issue were three condemnation suits
brought b. the Short Line u Obtctl
rights OF way over land bought by the
San Pedro for its own right of way. At
the close of the day the net result had
been the announcement by Judge TAI
bot that he would rule out certain LUr-
tions of the complaints.
number of lawyers and other in
terested spectators gathered ia lie
court room C. rtUneSs the battle of
these well known foemen. 1t was ex-
pected that some interesting legal
points would be argued and that an IN
telleCtual treat would be in store. The
broad legal questions did not come up.
however. The san Pedro attorneys &C.
cidCd to withdraw their daInurreTs.
These demurrers raised the point hat
one railroad has no right u condcml "a
AtSlaA VI way nE4DuE lllA 10 dIOANt-fs rtlteA
II waE over this that the biggest tight
was expected.
zone Son for Withdrawing the de-
murreTs explained Mr.. Whi-teHCre,
twas Ga e q demurrer cOnfesses the
truth OF facts to which exception is not
Iqrticularly made. n their bill OF COM
y they allege that they had a YriOr
su 4. We would not admit that, 50
we iopped the demurrers."
Motions to Strike Out.
The arguments yesterday were con-
seQuently on motions to strike out Ger
tain portions of the complaints The
parts objected to by the san Pedro were
principally those which referred 20 The
alleged prior rights Of the Oregon Short
Line and Utah Northern by reason Of
their surveys made "A number Of years
ago After listening to- both sides,
Judge Talbot ruled that the question of
-tgi,t 20 the old grade was at issue IN
other cases. In order to avoid compli-
cation he would order all portions of
the present complaints bringing n this
issue eliminated. An adjournment WAS
taken until 10 O'clock this forenoon, to
allow u judge to go over the COM
plant carefully and point out the -xaCL
words he would order stricken ont.
The opposing counsel met last even
ing at the Knutsfcrd to arrange tfrues
for hearing the various cases now pend
ing. The condemnation suits are still
to come up on their merits. and a num-
Der Of otner cases are to be heard be-
fore Judge Talbot Of the state court
Judge Hawley OF the federal court, and
the register of the land Office at Ca--
son. No definite action will be taken
until Judge Talbot is consulted again
today.
Comment was made yesterday upon
-he unusual circumstance of a judge
holding court outside his own state.
This arrangement was made for the
convenience OF all concerned. Judge
Kelly lives in Omaha, and Mr.. GibbOn
resides in Los Angeles, while Messrs.
Williams and Whittemore are Salt
Lakers. Judge Talbot's home is Reno,
New, and in order to reach Phoebe bv
the quickest route it would be necee-
sary for him to come through Salt
Lake. It was therefore agreed that a
trip Of this entire party from Salt Lake
to Phoebe and return would consume
needless time and exp Sc. The argu-
ments win be heard in Salt Lake and
the judge viii announce his decisions.
but the formal orders will not be en-
tered uEtil the 5Udge reaches Phoebe
THE building of a railroad is so i'm
portant to the people Of that part OF
Ney ada" said Judge Talbot. in explain
ing his reason for coming to Salt Lake.
that I feel like doing everything in
my power to facilitate strengthening
out the legal tangles and giving the
people a road"