Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-12-28

= providing FOR the receivers safe :
! has been set aside. Judge /
y Morse in determining contemFt E!
! proceedings brought against !
= Joseph Martin. i
;''.'-.
Atty. Joseph Martin Of New York
representing Russell Sage Raphael In
riia action against the Wasatch
Jordan Valley railroad. was before
Judge Morse this morning TO show
cause why Inc should not be punished
for contempt of court in acting under
an order entered by the court and then
vacated and set aside. The order OF
the court was first entered I'm this
action on Sept. o. 1t appointed re-
ceiver for the Bingham branch OF inc
r. g. w railroad ana authorized the
sale OF the road 20 satisfy judgment
secured i'm the New York courts With
in two hours after this order VAS en-
tered. Judge Morse believing tnat he
mad entered the first order under a
nlisapprehension of the facts, revoked
the order In lis every phase This was
done In the presence of Mr. Martin
VIOLATES COURTS ORDER
From the evidence given 10 open
court this morning before Judge morse
IL appears that. Notwithstanding the
fact that Martin knew the order had
been revoked, he proceeded 70 employ
gtephen Colburn 10 90 20 Bingham
Junction 70 take actual possession or
me road and that he caused TO De
posted IN the Bingham Junction Office
of the company the order ana notice
of sale. II was for this that ne was
cited 20 show cause why he should not
be punished for contempt
The affidavit citing the facts 10 the
court was signed by Assistant Claim
Agent Howard OF the r. c. W. MT.
Martin showed to the court that not
,yithstanding Mr.. Howard had no
knowledge Of the facts sworn 70 ny
him. he had sworn TO them.
Mr.. Martin stated 10 the court that
he had acted under instructlons from
New York IN all that ne nao uoho
and offered this as his excuse loi 'ho
violation OF the courts order'
ORDER WAS VACATED
clerk OF Court Gideon Gibbs test
fed mar Mr. Martin and himself "eio
present ia court at the time me oils'
nal order was entered ana at inc til.l-
this order was Nacaleu' wv
after IL was entered ~ o..
the Rio Grande Western, stated 10 the
court that they had served houeS
upon MIR Martin 10 produce an apPlI,
cation FOR "a writ OF mandate presenter
bv hin and Judge Barton 20 tio
Judges Of the supreme court slli a,,,
In said that he had not coillliou ~, ~
The request eecause ne ma"
such apphcauton ..,.
~ " Ciufhth. clerk OF the supreme
- .-os called as witness ana ne
toeti0ea that he had seen such an ap'
ulication and that he had TAKEN Dli,
Martin's acknowledgement He saw ms
naper taken into the judges chanlOei9'
CHIEF JUSTICE TEsTIFIEs.
chief Justice ". NJ. McCarty wa.
then called 10 tho witness stand anu
ne related that Mr. Martin ana Nit
partcb appeared before Nun aa aPph-
.srts for "a writ Of mandate ana Tor an
order directed 10 Judge Morse Cltlue
MIN 10 show cause why certain nllnus'
entries upon the minutes or me p!-
t1gs ~ his court should not be- stIlcheh
80, tbe records Justice McCaIty,
bsire quite busy. referred Martin ana
f,srtrh 40 Justice Straup. The nnal
outcome was that Martin was advised
to seek his remedy 100 judge NUTS
sourt. Martin Nas shown CO. nave aug
nounced his intention ot aphhlollnh
the NIMIIN AANNM NNN
e.rit btit Ia Was also shown that Martin
u.ss disposed 90 insist that Judge morse
.tntul show cause with regard to mo
entry iu the minute book
HOW NOTICE WAS POSTED.
A. j. Mullins special agent for che
R g.. w.. testified that he had seen
the notice oi receiver sale lV1,,n D.,
tine Bingham Junction office on Dec. 70
Auditor Robinson FOR the r. O. w. tr--
tined hat Martin had handed him
the certified copy OF the ORDER to Ri
posted in the Bingham Junction ONCE.
Nh Robinson said that he had aukhe d.
ga 10 him Uohinson) that the notice hr
posted inside the office and up near tnr
ei0ck uine fset from thc floor s0 rhat
everybody wouldn't know our pusi-
Eiias A. smith as handwriting
EXPORT testified chat the MOTTO. posted
bon Bingham Junction was signed by
tne same person Chat signed the name.
"Joseph Martin t0 other papers Mr
Martin admitted thiF and did not CROSSE
examine thr witness.
ACTED AS RECEIVER
stophen H. Colburn testified that Do.
had mot SIR Martin hy appointment al
thc N 81. ~. depot ON Dec. ~ NO eco
to bingham Junction. as tho receiver
agent to take actual possession of the
branch line and that be- had done IN
/ ana had been continually ou thc trains
| 0ueratpd ou the branch every day
since ihaf time 30 had t0li OFFICERS ll
I the m. G. ~. that Doe was iu posfesaI0u
/ OF tho road and wac acting for mo
| receiver.
MAILED ORIGINAL ORDER
IA was shown that mr. Martin had se
cured a oertlned copy of inc original
order very soon after lt was entered
and that h. had at once mailed ID Al