The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-04-03

ASHAlLlsE, Ienu.f April -.-Iur
~ struggle for control OF the South
era Pacific between James II.
Keene and the Union Pacific railroad
went on in the United States court
today. The second days session of the
court which IS hearing the appUca-
ton for am injunction 90 prevent the
voting of certain holdings, opened at
$780, Judge Alexander Humphrey of
Louisville. replying for the Hartman
interests 90 the address of Edward
LauterbaCh OF New York, representing
Mr.. Keene. continued his remarks be-
gun late yesterday afternoon. He read
largely from Mr.. Hawiman's amdayits.
already made public. and said be would
leave the law 10 be- discussed later by
his associates. The speaker then adj
verted To- tae development and inn
proyement OF both properties and said
there was no evidence to show that the
directors ever contemplated turning
over the Central Pacific to the Union
Pacific. Judge Humphrey discussed the
appointment of joint agents for the
N-niOn and Southern Pacific and also
the alleged diversion Of freight from
Chicago 90 various points, and con-
tended Cat no discrimination had been
pTactlued against the Southern Pacific.
He traced the development of the Cen
trial Pacific and said the plans Of put
ting the property in better physical
condition. ass iu7ugurIted by Mr.. Hunt
lngton, had been carried out.
Supreme Court Cited.
Judge Humphrey said that the APP
preparation of earnings to the improve
meut OF railroad properties instead or
paying dividends Co preferred stock
holders, had been held by The supreme
court OF the United States 90 be for
the best interest OF am the sharshoId-
ers and that the complainant thought
the way TO moaeruize a railroad was
% issue securities.
Judge Humphrey said IN response 10
question by Judge LurtOn that there
could be no competition between the
Union and Southern Pacific and there
fore there could be no possible grounds
for the application for an injunction.
Judge Humphrey was followed by
Mr.. Evarts. who DOuteEded that the
Union Pacific was not before the court
and the court therefore had no furis-
dicton. He Insisted that a court of
equity could not abIdge the rights of
a majority of the b0ndhoIders or di-
Nt-'tat '.t NttH mama intent N't % t.HI
poration and declared the constitution
or Kentucky provided how the election
or directors should Dee held
Rights Of Corporations.
Mf. ENails sald ll was evident lhdl
lhe nl, hld oeeH drawn ln lsol ana
was held u"llI 81 rev days before lhe
l'tg-,,i's %. '.-l 7.o. N.ll-u,- ,, anu ug-
l.'L," 'l'1y '"g com '''l I','lg7 10y 'ur"
l j" '". 'l,.'o- g- we
49," l I'' WEI, '-'i.s.-o ..--'
I.-.r'- --l -r '- -I
81 -t'" o. --'''-.''
"ll l,-a' -' -elzo o- 'lg I-@-- o- con
---- 80 81 . -
81. ,-' 5,,fJ .', 49, ~, ~, -o
s-s ' W. ra ,tonr . h. fta ,S Sorr i on pg
Gin. said frar I'M order ro nav mon,
it would be necessary fo borrow great
sums and the result would be- that the
uubTfr v,1uTI he n0uuaUal r0 nav high
or CHARGES Tie insisted thai mo- rvf-
deure had been introduced to show that
Competitlon existed between the south
crn paci6. and Union Pacific I'm Ken
lucky and that e0mnatIriou between
those lines was confined Co certain
points outside that state.
Lawrence Maxwell. who represents
the Union Pacific followed Mr. Evarts
and said that this was "a suit Boo which.
ia order 90 obtain relief. the complain
ant must show that as a stakeholder
in the Southern Pacific ho has suffered
or IS threatened with some action on
the part of the other stockholders i'm
furious 20 his interests.
The court adjourned until 2.31.
When the hearing of ih- ease was
resumed at $3.50 o'clock Mr. Maxwell
continued his argument. He suggested
that as It was said the Union Pacific
could NOT De brought into court mere
because of Inconvenience or want of
Jurisdiction. there was nothing to- keep
the matter from being taken into the
United States circuit court of New
York
Moral Turpitude Charge.
rFa Continued. ..-rl,. ..bs-ga.. .-,f moral
t,,--.i+,,-l- -..s.t.r tf.. .l.-.--[.,. ..s .f,..
-1,,tr--- ps.f+i.. ..-" .l5.s,,...t.f t,. ,i-.
-... ~, ,E. 49,. .,I..,,. ,,....i-...-4 t..
49, ts4'-,.,+s..-...... g.. ~.
a.. tI'. .ff.-Erg-e .r d.. S,,.rt..,, ~,
,-s..
..-r1. orro,. rbarr. fs THAT rorra,-f,g
lines running north and south had au
option OF giving business TO the south