The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-12-29
OFFERS BINGHAM
ROAD FOR SALE
Raphael'S Attorney Attempts
to Satisfy Judgment of
100000.
HE is CITED FOR CONTEMPT
MORSE MADE NECESSARY Or
DER AND CHANGED HIS MIND.

An attempt to- place the Bingham
branch of the Rio Grande Western in the
hands of a receiver, at the same time ad-
Vertising its sale to satisfy a federal
court judgment in New York for $1,000, 600.
was made Tuesday last by Joseph Martin
or New York, attorney for Russell Sage
Raphael in whose favor the judgment
was entered. AS a result Martin was be-
lore Judge Morse of the district court
yesterday to show cause why he should
not be punished for contempt.
Eighteen months ago Raphael began
suit against the old Wasatch & Jordan
Railway, now the Bingham branch of the
Rio Grande. to recover on some bonds
which his father held in the company. A
Judgment for 100000 was entered against
the company by the federal district court
Tor the southern district OF New York
and later judgment on the judgment
entered by the federal district court in
Utah. This was Valueless, however. as the
federal court could not order the sale
of the railroad as that prerogative be
longs to the state courts, the line being
wholly within the state.
The Wasatch & Jordan property was
acquired by the Rio Grande several years
ago and is one of the most valuable
branch lines in the world. tapping the
heart of the great Bingham mining dis
trict
On Sept. % last, Mr.. Martin applied to
Judge Morse for an order appointing
Chester Martin. his son, as receiver under
the judgment enter ed by the federal court
and also to advertise the company's prop
erty for sale TO satisfy the judgment In
the afternoon of the same day Judge
Morse realized that he had made a mis-
take and vacated the order. Between
times, however, Martin had secured a GER
titled copy of the original order and had
sent it to New York.
The reason for the vacation of the first
order was that there had not been suffi-
cient facts presented to assure the court
that the Rio Grande was responsible for
the debts of its predecessor in interest, the
a "a
Sign Placed in Station.
The case dragged from that time until
week ago when Mr.. Martin and Judge
c. ". Bartch applied TO the supreme
court for a writ of mandate to compel
Judge Morse to change his decision. Fail
ing in this, Mr.. Martin on Tuesday last
gave Stephen Colburn authority to take
possession of the road and instructed
him to place a sign in the station at
Bingham Junction giving notice that re
road would be sold to satisfy the judgment
on Feb. 20 by the receiver.
It was upon this that the charge of
contempt was made by Assistant Claim
Agent Howard of the Rio Grande West
ern, il being claimed that Martins actions
were in direct violation of the order of the
court denying the request for the appoint
ment of a receiver.
Judge Morse said that he was not in
clined to punish Mr. Martin, although he
had Intentionally violated the courts or
nerS and NOlu MN IIal II ne WOULD STOP
the present proceedings he would dismiss
the case.
This the attorney promised to do and
the matter was dropped. Martin will take
an appeal to the supreme court and make
another attempt TO secure an order of
sale
The posting of the notice of sale caused
considera BILE CONSERVATION in the offices
of the railroad Thursday, when it was
first brought to general attention and a
number of large ore shippers demanded
to know its meaning. asking if their con-
tracts would be carried out the same as
before.