The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-09-25

'n1e1 canyon, Wnere MS property was
located This was followed by a state
ment that he acted upon Clarks advice.
He received the money, s., 200. through
| Judge Silas Beard, at that time his law
\ partner The money was in draft form,
| the paper being made upon New York
| Bank by the Omaha National bank He
admitted that he had never seen Horse
| Thief canyon and did net know its loca-
| ton. He said George l.. Black acted as
! his agent and he believed he had pros
pected the land. Mr.. Spaulding did not
know who spent the money to pay his
agent. He did not know what had been
done to improve the land. He further
declared that he had never talked with
anyone but Black. This all took place
about three years ago. He said that
| three months later he transferred the
| property to y. O. Clark, general manager
| of the Union Pacific Coal company. In
answer 70 a question the witness said he
| transferred the property because he
! thought he could not sell the land
Did Not Return the Money.
do you mean TO tell us that you re-
garded this transaction as a good-faith
sale?'' asked Attorney Thomas. Spauld-
ing said he did but admitted he has not
repaid Clark the 1920. His next asser-
ton was that he did not owe Clark the
money. Witness said he had advanced
no securities upon the money. but figured
that the transfer OF the land to d. O.
Clark had paid off his indebtedness.
Il guess Black got his money back
I y
The arrangement was made through
Judge Beard
The witness SHE'D at a question relative
to the amount he received for the land
| but admitted that he had received more
! money than the land had cost him. He
refused to tell the exact amount of his
| bonus and Commissioner Prouty instruct
ed the attorneys to respect the witness
objections. Spaulding again asserted that
| he regarded the transaction as a real
estate investment He asserted that
Judge Beard made cash entry upon
Horse Thief canyon at the same time.
I'VE bought it to meet the market "
added the witness
Spaulding could not remember whether
Judge Beard was present at the confer
ence between the witness and Mr.. Black
or not, and could remember no part of the
conversation.
Durham's 5000 Deal.
CHARLES H. Durham was called to the
stand. He said he was a stationery en-
g1neer in the employ of the Union Pacific
Coal company at Rock Springs He ad-
mitted taking a quarter section OF land
in section 20 in Uintah county and trans
terring 1T TO ID. o. Clark He did not
know who furnished the money. but said
w. IL. Lee had sent the money to Evans
ton Durham signed the application,
which was also forwarded to Evanston
by Mr.. Lee. Examination brought out
the fact that Lee Is a bookkeeper I'm the
employ of the Union Pacific Coal company
at Rock Springs. Durham received the
title and about three months later trans
ferred the land to u; Q. Clark. Witness
admitted receiving 1920 the government
price for 160 acres of coal land. and an ad-
ditional $500. The $500 was his bonus or
commission for his part in the transac-
tion. He said he had visited the land
prior TO taking it up and had been ac-
companied on this trip by a Joseph Clark
who. he said, was no relation Of d. o.
Clark. so far as he knew. Witness adj
mitted under continued questioning. that
G. p. Swan. an engineer i'm the employ of
ITVnfFN I.sAf
Springs. accompanied him upon his visit
to Horse Thief canyon and pointed out
the section be Ourham) was to file upon.
Did you or did you not go 70 Horse
Thief canyon for the benefit of the Union
Pacific Coal company?'' asked the attor-
ney for the government
No was the positive answer. Wit
nees admitted that he had no money to
pay for the land when he filed upon it.
but understood that the money would be
ready when he got the land. Under ques-
tiOning. he reluctantly admitted that Lee
had promised money which he understood
would be produced at the right time by
the exception of signing the application
for the land. all papers I'm the transaction
had been handled by Lee Durham did
not remember swearing to an affidavit.
Forced Out Of Business.
ID. ]. Sharp. formerly a coal dealer Of
salt Lake. doing business under the firm
name Of d. j. Sharp g. Co. was called
to the stand upon the dismissal of Dur
ham. He said he was forced out of bust
ness a month ago because he could get
no coal. His business was well estab-
lished and paid well until his supply Of
coal was shut off by the railroad COM
pany. Witness said he was formerly
local agent for the Pleasant Valley Coal
company and resigned that position Nov
To- 1903. when his company decided to
raise the price Of coal to $5.75 per ton
He saw the injustice of this step and at
tempted to reason with his suDeriors
When no hearing was granted him he
quit
HAD you been notified by your supe-
riors that the price was about to be
raised?" asked Commissioner Prouty
No answered the witness.
Were YOU told so by other dealers ?'
asked Commissioner PrOuty.
NO" was again witness answer
well. then. how did you know the price
was going to be put up to S5.75?'' de-
81 read ii in The Herald one morning
~ breakfast, answered the witness.
Whispers Of of II happens" passed
through the crowd of spectators at this
juncture
Coming back to his removal from the
local retail field he said he had received
an announcement from the Oregon Short
Line that a total reduction of 50 cents per
ton would be made upon coal ordered and
put into storage between June Is and
Aug. 81. This circular was signed by J.
A. Reeves general freight agent of the
Oregon Short Line. and announced that
the reduction would apply TO coal stored
vidual consumers. Witness then adver-
tised this reduction without restrictions
or tine limit. In conference with J. NJ
Moore. general sales agent OF the Union
Pacific Coal company here. he was toll
10 remove this advert isement from the
daily newspapers or the Central Coal &
Coke company would nut the price down
TO A.75. the regular price being S525 and
keen il there during the entire year The
witness had filled his two Yards. one in
Sugar House and one on the State road.
and spent in the neighborhood OF 81 900
I'm ma king the improvements necessary 10
provide storage room Sharp said he had
been encoura ged IN doing this by Officials
Of the TJnion Pacific. who assured him
he would get coal.
Everybody Smiled but Sharp.
Mr. Sharp's testimony showed that he
continued advertising until he sold the
coal I'm HIS yards amounting to shout
1000 tons. at the reduced figure When
he ordered more coal he was told that his
order had been held ND. He called on
Mr.. Bancroft and conferred with SlIperin-
tendent r. Buckingham snd T. A. Reeves
General freight agent = the Oregon Short
Line. bur could not make satisfactory
.arran gep1ents. II announced that 7 wolid
quit business If necessary. and a general
e-,,,f 10 eaH he