The Sun. [volume] (Price, Utah) 1915-1932, 1917-10-19
POINTS or LAW BRING
DISAPPOINTMENT on CASES

PosTpONEMENT or CASES
Pending decision by the interstate
commerce commission M Washington.
~ g.. concerning certain legal points
involved. the hearing ~ che chr short
axe and PREPARATION case brought by
four 4 tho coal operating companies
of the Helper district against tho
Denver aud Rio Grundp and cunnrr-
tiunH was temporary suspended Fri
day afternoon hy w. Marshall in
tcrstnto commerce examiner. and 10
b. not likely that 1t viii be- resumed
until some time next spring Upon
continuing the ease. Marshall gave
the complainants until December 18TH
In which o. nic briefs and the rr.
spopdcnts viii have until January
18TH In which ~ file answers. Time
Tor argument will be- fixed later.
The decision ~ Examiner Marshall
followed motion on the part ~ ".
A. Scnndrrtt. council Tor the Union
Pacific and oregon Short Line for dis
missnl on the ground that the linton
Pacific H. not bound by amy LEGAL Obj
legation To- furnish cars Tor the trans
portation of freight either a. tho
shipper or o. tho line with which "
connects Scnndrctt cnntcndcd that 10
h. only the secondary duty ~ rail-
rond a. Furnish cnra to - connecting
line.
Nuurncy Matthews Concur.
This view Ut the matter was run-
rurtvd In hy counsel for the Salt Lake
i,uutr. Western Pacific aud southern
Pacific \. y. Matthew. rpprercnt-
Ink the Western Pacific. maintained
that tho interstate commerce COM
mission had no power o. compel the
carriers To- add tn their equipment and
moved Tor u dismissal of tho cnsc In
20 fnr ~ the Western Pacific 10 cun-
cornpd.
Tho legal dut, of M" Denver and
llip urnndr. said !. %. McMurray. rep
roscnting that road. viii necessarily
be- affected by what may ultimately
be- determined a. hu the duty uf vun-
Meeting lines
y. \. Sweet stated that he agreed
with McMurruy regarding duties NJ
connecting tines and that u a. mat
ter decided by the interstate COM
mcrve commiHHion that the cnfrirs
should 90 constitute Themselves that
they may form one national system.
The liability OF the Denver and Rio
sion to be- further supported by hricfs
ana arguments ilriofH viii also be-
Med by the intoryonorH,
Turn No, Unexpected.
Examiner Marshall said that IN,
casn had not taken an unexpected
turn. The trial of "a Ease prrdicntrd
On discrimination ana resultant dam.
AGES. In which the carriers have fail
ed a. perform their duty on reasonable
demand. he lhid. N one which doors
not frequently come before an" inter.
state commerce commission. ana pre-.
HcntH many difficulties " discrimin.
alton existed. h. said, the facts must
clearly be- within the knowledge ~ the
defendant compnniea
The duty nf connecting lines in fur
nish transportation Tor commercial
organizations on 60 another carrier for
points destined over other routes IN
which the connecting carrier h par
tcipatlng carrier IN a collateral Iurs-
ton 81 law.
The examiner directed that the COM
plainants rcformulatc the requests for
information desired from the rail.
roads, which was considered essential
In bringing the hearing 90 a conclu-
sion, To- be- supported by hricfs and
Arguments Briefs will also be- filed
by the intcrvcnors
sun Another Cas-.
Examiner Marshall later began the
taking OF evidence In the KenllNorth
and Helper railroad ease. In which the !
principal stockholders ara seeking 60 |
which they may secure the right o. |
operate the road independently of the |
defendant company Tho KcnilWorth |
and Helper Was taken over hy the |
Denver aud Rio nrandc December I, |
1914. following the Consolidated Fuel /
company ease of June 80. lsla. In
he latter the Interstate commerce
commission has ruled that railroad /
could buy or lease or pay "a pro rata
'n coal sent from mines 90 connect
Win tho carrying line,
From June 90. 1913. until Dcccm.
Der T. lslt, the KenilwOrth and Hell
per operated ana claimed certain
ium Tor the transfer OF coal Ia the
Denver and ltio Grande. A Compro-
Mise was brought about aud the Dem
Ter and Rio Grande agreed 20 pay
bout thirty-eight thousand dollars
or the service rendered. The sum 20
'e paid forms part OF tho agreement
hat Is now sought 10 he ratified.
Il Was intimated by J. a. McMurray.
attorney for the Denver and Rio
irande. that this road was willing 10 Z
inter- into the contract provided no L
urther claim is made by the Kenii-
worth and Helper road. After hear
SOUR STOMACH
Eat slowly, masticate your food 4