Salt Lake Herald | 1891-10-04 | Page 1 | Field Requests Harlan to Sit for Him

Field Requests Harlan to Sit for Him Specialto THE HEHAID Examiner Dispatch Nrw YORK Oct 3A Washington dispatch dis-patch says that Justice Field of tho United States supreme court has requested Associate Asso-ciate Justice Harlan to hear the suit of the United States against the Central Pacific Southern Pacific and Western Union Telegraph Tele-graph companies which was brought before be-fore him in chambers as presiding judge for the Ninth judicial California circuit The government asks that tho contract by which the Central Pacific assigned all its property to the SouthernPacific company bo let aside and cancelled that the contract between the Central Pacific and the Western West-ern Union Telegraph company also bo cancelled and that tho Central I Pacific be directed henceforth to operate I S its own telegraph lines without discrimination I discrimi-nation The defendants had demurred to 1 the jurisdiction of the circuit court in the case and it while Mr was Pillsbury whie Pisbury one of the counsel was making his opening statement on demurrer that Justice FieldS Field-S ascertained that the Western Union wns a I necessary party to the suit This fact Justice Field held disqualified him for faot ting in the case on account of his relationship I relation-ship to Cyrus W Field and David Dudley Field who are pecuniarily interested in the company i Owing to the vacancyin the office of circuit 1 cir-cuit judge in the Ninth district on account l of the death of Judge Sawyer there is no one there who could hear tho case and Jus < 0 0 tice Field was compelled to request oe of hIs associates to sit in his place Most of counsel in the case reside in New York Chicago nnd Washington I is probable Justico Harlan w 1 decide to hear the arguments in Washington as Justice Field intended to do