Lincoln County record. [volume] (Pioche, Nev.) 1900-1905, 1901-06-28
kELLEYs PLEA.

s. l.. Tribune Special. Carson
New, June 25. In the Short Line
VS.. San Pedro road suit this morning
the defendant described the diff.
culties encountered in trying to start
building railroad over the Uvada
grade section to Glover junction
until the injunction forced discon.
tinuance. The defendant filed a
large number of deeds from various
parties residents along the route
conveying right of way, showing $40
to $50 per acre paid, also more maps
and diagrams, with depositions of
surveying engineers aud contractors.
Certified copies of documents and
maps III the case filed in the United
States Land office as well as the re-
ply from the Secretary of the Inter-
ior were also filed in evidence The
plaintiffs read and filed several affi-
dayits regarding the Oregon Short
Line & Utah Northern and the Utah,
Nevada q California Railroad com
panies statements of surveyors and
engineers, also presenting original
maps of the whole Short Line of the
case prepared by Engineers Barlow
and Ashton in connection with the
situation.
The defendant read long docu-
ment on the surveys specially con-
nected with the disputed section,
and presented a couple more pro-
minent surveyors affidavits. At 2:30
p. M, the evidence being considered
all in. the argument of counsel was
agreed to be in order, ,and Judge W.
r. Kelley, general solicitor of the
Union Pacific, led off for the plain
tiff. He said the various complica-
tions in this very comprehensive and
important suit were not SO great as
might be generally supposed, yet it
was not possible to give the whole
matter chronologically other than to
state that it grew out of an act of
Congress March 3, 1875. 1t enacted
that right of way is hereby granted
to any railroad company organized
nnder the law fling its papers with
in twelve months after location and
survey, providing also that all gov
erning rules arc complied with.
Moreover, it was not contemplate
ed that any land Office shall have the
jurisdiction and power to approve
or disapprove of any act or acts in
volved therein, but that must be left
alone to the Secretary or Depart
ment of the Interior. He took up
the history of the Utah Northern,
the Oregon Short Line, Utah Cen
trail and other connecting lines fol-
lowing through to proposed con-
struction of the road from Milford
to Glover Valley Junction and
Phoebe in Nevada. The Oregon
Short Line between possessor of the
property and the undertaking. 1t
also became badly involved with
indebtedness, and after expending
over 100000 upon the portion OF
the grade within the borders of Ne
vada, it had to take a rest, and sub
sequent failure to pay taxes got the
property sold into the hands of a
receiver. The Utah & California
company tried to take advantage OF
the situation, acquired seeming
title and proceeded to make show
ing of attempt to build railway
over the Uvada grade in question,
but it could not be otherwise than
unsuccessful. Measures were al
roady taken to relieve all difficulties,
and this places the enterprise upon
a financial basis on which to carry it
through to completion. The title
never was forfeited or lost, the grade
was one of the finest and best in con-
struction, monument to its enter
prising projectors. The right of
plaintiff therein still holds substan-
tial and good against all contestants
or competitor. Court here adjourn
ed at 4 p. m. till tomorrow, when
arguments will continue.
The Earl Russell, about whose
ynat~, v,o,;ol d;ffioultias tho aaaooi-