The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-12-01

Mr. Groo surrendered the witness chair
to George Holiday, whose testimony was
hot stuff A recess was called at 1870
until o'clock Mr. Holiday was recalled
To the stand at the opening of the after
noon session. He was followed by Nephi
Whitmcre, who has been a resident OF
Utah for forty years a state senator and
a member of the Agricultural college
beard. He owns a ranch in the canyon
bearing his name. near the Sunnysde
mines. He said Robert Kirker had held
the mines discovered by Mr.. Holiday for
year, but had abandoned them for three
years.
What Mr.. kirl<er Did.
Mr.. Whitmore testified that Kirker had
broken into Holidays cabin and threw its
contents into the roadway Kirker told
the men working in the mine for Holiday
that they would have to get out or be
shot, said the witness. Mr.. WhitmOre-
said kirker was at the property as 2
coal mine expert. running a bluff at
taking charge of the mine, keeping armed
men around the mine for eight months
The witness first heard that the Utah
Fuei company was organized I'm 1900
kirker had charge of the mine until 1899
when Forester took charge. Peabody pur-
chased the property year later. and the
witness supposed had turned il over TO
the Utah Fuel company outright. as it
assumed complete control soon after.
Could Not Ship Coal.
Mr.. Whitmore said he had owned coal
mine in the Sunnyside district but had
been unable to ship coal to Salt Lake be-
cause he could not get reasonable rate
TCm The Rio Grande- This company
asked So ton as freight charges, ana in
FOR med the witness that it would sell coal
IN Salt Lake TO the witness as cheap as
tEey would haul his products He knew
that his brother, s. H. Gibson. had mines
at Price. and had similar experiences in
attempting TO produce and ship coal The
witness asserted that the coal company
had stolen water from his ranch through
its tunnels, running his farm.
Attorney Allison objected to testimony
being introduced on this subject assert
ing that the Tillman-G Gillespie resolution
die not afford the commission the power
70 investigate water litigation. Il be-
lieVe the commission is carrying its in
designations TO the extreme and trying to
do things away beyond. the dreams of the
resolutions authors he said, hotly.
Developments have proved things. I'M
dcGbtedly, that the authors of that resO-
luton never dreamed of answered Com
missioner Clark. These facts are in the
records, Mr.. Thomas We do not need to
bring them out further
Sweet Tells His Story.
Mr.. Whitmore was then dismissed and
Arthur a. Sweet was called. He said he
had been in the employ of the Utah Fuel
and Pleasant valley Coal companies for
eight or nine years. in various positions.
He said he was operator at the Cotton sta
llOI lOI a NUMBER OF years W ME there
he learned that piece of land at Sunny
side was being taken up by Charles
Mostyn Owen as grazing land. This an
nouncement was published in a newspaper
at Price. The witness said he investi
gated and filed protest against the
granting of this particular piece of land,
post. Owen appealed on the ground that
the witness had not filed his protest with
j., the sixty days provided by law. owen
sWOre TO nom mineral affidavit.
no VE-ifn -sa1I hn FE-gE raffr I'D nd
and bed at the coal company's hotel at
Surnyside because the keeper. Bert Greg
orv. had been instructed not to let the
witness stay there by Frank Cameron,
superintendent of mines for the fuel
companies.
Hide Behind a Rock.
Il went TO another hotel, kept by man
named Carpenter. and secured food and
a bed continued the witness. II learned
afterwards that Carpenter had been
asked to refuse to let me stay with him.
Carpenter appeared curious about my
plans, asking me if | needed assistance IN
my land affairs. I told him | did not. 1
started with man named Henry to see
tho ground I had in mind. and when
about half way up the CANYON met +. NJ.
Wheeling. now of the Salt Lake police
department. and a secret service agent
fO~ the Rio Grande. and a Mexican. They
had Winchesters and were standing be-
hind 4 rock. They told us to go back or
they would shoot us.
We reached the ground and commenced
working. Wheeling said. If you don (
come down We will get you We kept on
working. staying on the ground about an
hour. Wheeling asked us what we were
doing and | told him we were digging a
hole. He wanted TO know what for, and
I answered What DO you suppose? We
coal here in my eye he answered Thank
YOU | don't want to put il i'm your eye,
but Will ship it to Salt Lake VIII you
go down the canyon at your pleasure, or
bV force? We will take force | answered.
When we finished we went down the can
Won to Senator Whitmores ranch.
Keeps Him Out of Town.
Later ] filed my supplemental affi-
CeVit. ! .appSaled to Judge Johnson. of
carbon county, for an INJUNCTION pending
the decision of the land office. and left
Henry in charge of the ground. ] wired
3 Henry from Salt Lake some time after
ward that l was coming down. was met
AZ SunnySide by armed guards, Who would
rot let me get into the town. ! went
,round and reached the ground. ] told
Wheeling and the Mexican. John Aumeler,
that injunctions were 10 be served upon
them. TO with the courts, said
Wheeling. I then got blanket injunction
against these men. l learned that the
armed guards who were being kept on tho
ground boarded at the hotel and their
bills were paid by Mark y. Braffet, an
sdJustor for the coal companies.
Armed Thugs on Guard.
When injunctions were served no at
-ertion was paid them and again the
armed thugs said they had no fear OF
courts | then got a citation for con
-cmpt of court from Judge Johnson. WheT
I visited the ground after this ] found
different gang Of men guarding it
The guards would be reduced in number
when Henry or / was in the district. 81
I left Henry there 10 keep the company
full strength of guards on the ground
The thugs were getting 81 a day and theil
BOARD ! finally purchased the land fol
50 an acre from the government, and
was told TO sell if I got a chance. There
was not a man in Utah who would have
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