Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-05-13
FOR $4,000 It
GETS TAX TITLE.
Right Of WAY to Old Grade Sc
cured from Lincoln County
SAN PEDRO STILL WORKING
Permission Granted 10 Intervene ana
Defend Comfy tue Next Impor-
tant step win be at Carson Clly'

Attorney c, O. Whlttemore. assistant
solicitor Of the San Pedro, Los Angeles
& Salt Lake Railroad company re-
turned from Phoebe yesterday where
he has been for the past week In the
interest Of Senator Clark and business
associates who are pushing their new
road towards the Pacific coast, To the
News Mr. Whittemore last evening
said
~ went to Phoebe one week ago sat.
urday and on the Monday morning fol.
loving made application to the county
commissioners 10 fix price on the
thirty-flye miles OF disputed grade be-
tween Phoebe and Glover valley june
ton which they did, naming $1,000 as
the figure. This we promptly paid and
received a deed therefor. The instru-
nent was recorded on that date and on
the day following we petltloned the
district Judge for the privilege of in
iervening IN the suit previously brought
by the Utah Nevada and California
company. representing the Short Line
asking that the title be set aside The
Judge granted our petition which gives
US a standing in court and places us at
o decided advantage when compared
with the position we have previously
occupied, when we absolutely had no
standing before the court at all, with
reference to this piece Of property"
q & I. GOT DISTRICT ATTORNEY
Continuing Mr. Whttemore said
Conditions down there were very
unique and much against us when this
phase OF the fight came up, For in
stance, the district attorney, whose
duty II would be, In the natural course
Of events. TO defend the countys title
TO this piece Of road had gone into
the employ Of the Oregon Short Line
and had accepted a retainer for his
services. We rightly concluded that he
could not represent both sides of the
case and determined to obtain that
privilege for ourselves as we'll as to
assist the county In establishing its
rlghtful claim 20 the title. That Is
why we asked to intervene OF course
the Short Line people resisted as Wig
orously as they could. but we got there
all the same. When we did so they
Immediately asked for fifteen days in
which TO file an answer. This the court
granted, but II also granted us an add
ditlonal fifteen days in which to reply
10 any point they might make"
ARE STILL WORKING.
With reference to the idea that the
Clark people have abandoned work on
the grade In Lincoln county Mr.. Whit
tem0re said that was great mistake;
work has only been abandoned on that
portion excluded by the Carson city
culing outside Of which Mr.. White
more says there Is nearly two hundred
miles Of road TO be built. Construction
he declares, Is being rapidly pushed by
n large force Of men and teams, which
will be augmented from time 20 time
and the entire road built as speedily
as possible. Mr., Whttemore again re-
iterated the statement that there would
be no creation Of operations until Los
Angeles had been reached. He declared
further that the people Of Lincoln
county were now nearly unanimous for
the road and they would give il every
possible encouragement. should the
San Pedro lose the disputed part Of the
grade It viii go on Just the same" he
said, "as II VIII not be very difficult to
parallel"
The next important step in the way
Of contest between the two companies
Will be at Carson City on June 3rd,
when the ruling Of the secretary OF the
interior with reference TO the maps and
pats Of the Utah, Nevada and Cali
fornia viii come up before the United
States court there A vast array Of
legal talent representing the two roads
Is expected to be present and the live
Hest skirmsh thus far recorded be-
tween the contestants will doubtless
take place.
In the mean time" says Mr. White
more, "the San Pedro has succeeded IN
entrenchlng itself behind a tax title TO
a disputed section OK the grade In Lin
coin county from Which It viii not
easily be dislodged"