Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-04-19

APPLICATION UNUSUAL.

Applications Tor leave 20 intervene
IN case after the entry of a final de-
cree are very unusual They are never
granted as a matter Of course and ow-
iOB 10 the tendency OF such applications
10 occasion delay and proOng the liti-
cation they ought not to be granted
unless II Is necessary to do 90 to pre-
serve some right which cannot other
wise be protected or to avoid some
complication that is liable to arise.
me principal ground, as II seems.
on which the petitioners. Hartman and
llefce base their application TO inter-
't.e Is that 1t II necessary to the due
enforcement OF the decree that they
should be admitted into the case as par
ues ana allowed to raise further issues
gul OBTAIN further orders. II Is UNI
uouoiedIy true that "A supplemental bill
N"g ne Illed IN a case after q final de-
,Ite ior the purpose OF fully executing
" When after the decree Is entered
Soule action has been taken or unfore.
yen events have occurred which will
Mtu,ent lts enforcement unless some
,nuIlher orders or decisions are given.
1 1u' we IalI TO perceive that further OF
ee's are necessary In the case IN hand
insure lhe due execution OF the de-
W . according to It's terms. The decree
1 iIs Nno''y prohibitory, II enjoned the
lug u certain threatened acts and so
@us as these acts are not done IL en-.
tGo.'eS user and no further action look.
tf'i " j" enforcement Is deemed essen
REGARDING THE STOCK.
When The decree was entered II was
uooI 'eu by the court that when the,
tbs h "gs mus rendered valueless in
nv uaUgs OF the Securities company
' dSN'ocArolders Of that company would
so,u aug and likewise disposed to make
s,"e disposition OF the stock which I'm.
To, '1 me circumstances of the case
s os,' oe ialr and just and would re-
NJ I' To the markets OF the world
So would have some value I'm.
II !, OF being a worthless commoditv
dl,no1I,. uousht that the duty of thus
tbo s,oois, OF II could safely be left 10
p,ny u sS,holders OF the Securities COM
IN H. ""v mat II any controversy arose
yiow l"charge Of this function IN
tteS " We situation that had been ere
trov.r lle decree II would be N com
wb,o,ns,| mat would properly form the
be,Sso, '.a''er of an independent suit
ested '''''eS immediately inter-
= IhpoSE OF INTERVENTION
purno. as sald In argument that one
ib,.. oI the intervention ia IN have
m oN. cause Of the decree which 10 now
Bu, ri, p'r.i,lsslYe, made mandatory.
SONS NJ "o9ld be TO modify the proyI.
come a. ~ decree which has now he.
otds, " n Dy atilrmance and make an
eonsi,NNloh We expressly and ON fnll
decs"I' ration declined TO make when the
ellns was entered This we must de.
tlmo ssp'aKlng Of the contentious NJ uor.
Mo-. h ana Pierce that the nronoSnd
Northo, u'sposlng Of the stock OF the
fallws'an Iacltc and Great Northern
con,,o, would result In leaving the
hand VI the two railroads I'm the
torm,, ol persons who co.operated in
Copr, ~ 'he Securities company, the
~ rdllt 'Fl Wv
thd Az, Issues suggested are DISPUTED
Tho nea,oge'aole questions OF fact which
with : U ,ns would be entitled to lltlgate
10 lntor,nlessss and evidence after leave
declln,e' ',he had been granted, and we
dawn, 70 consider them or the am
upon m, eSeerpIs which present them
a..
''oNERs CANNOT INTRuDE.
"''O'dIns to well established rules