Show I WHY THE TIlE UTAH FUEL COMPANY SHIPS COAt COAL WHEN ALL ULL At OTHER SHIPPERS Fill FALL FA BY THE TUE WAYSIDE i Charles Charl s Livingston was the tho first wit witness witness ness fleas called yesterday lie He said he was chief clerk for the time Utah Fuel company at Sunnyside for months His duties comprised checking upon expenses of operation and freights He lie explained that his company was bringing freight to that point under a rate of 5 r i mills per hundred pounds per mile This rate was below helow the time regular published tariff rate and held good between Sunnyside and all aU points in Utah and Colorado He said the rate was maintained until Aug 1 I i 06 6 A car which before this date cost but 50 W or 00 now costs 23 20 or 0 so far as freight charges are concerned These figures are approximate and amid were intro duc to show the tho difference in the old secret rate and the present published rate Rails flails and an firebricks from Pueblo Colo Cob came under timber the same rate and Mr IiI Liv Lh ingston explained that lumber brought from Oregon to rebuild the trestles which I burned at Sunnyside was wal billed hilled from Oregon to 10 Ogden n and from the Junction City Cit to Sunnyside Sum side was under time the rate Mr Livingston said the se cret eret rate sheet was WaB signed by a Rio Grande Western esten official but hut did not re member the name He said all freight bills liliS were turned into Captain WiilIam E Coltons office Who paid them waa i not known by b the tite witness W O 0 Williams Again AV tv O 0 auditor for the time Utah Fuel Plea Pleasant ant Valley Coal and Wasatch Store company in the Salt Lake offices was recalled to the stand His Ilis assertion that he had bad not seen Captain Colton for five fhe or six weeks s caused a ripple of laughter to pas pass through the rows of or au titters l sitting gj in the th spectators tato seats It is asserted that Captain Colton CO ton is s in New Xe York He will be bo back said an of ot the time United States marshals office yesterday Mr Ir Colton is supposed ed to be l cashier of the companies companI men amen and is a prominent church member of Salt Lake Mr Williams was wis an evasive witness refusing to admit anything He lie said Paid he I had taken up coal lands lantis but asserted blissful ignorance of the present status of the time title to this land band He lie said the fuel company probably held the title but could not tell how this transfer was ef When the witness was asked about money mone paid to the late Major Wil liam H Bird or Robert Forrester Attorney ney ne Allison injected a strong objection to the witness attempting to answer At torney E E Thomas explained that the purport of this question was to trace the taking up of lands and payment pa ment for this to Major Bird or Robert Forrester Commissioner Clark sustained Attorney objection I Ignorant of Coal Shortage When questioned about coal shortages in Salt Lake every fall fail and at atthe the present time Mr Ir Williams said he had read about shortages in the newspapers but could definite information as no books in his lila office contain data on the supply of coal on the market He Ho ex cx explained explained that his bis duties as auditor do not cover coer all aU financial transactions of the companies employing him Efforts made malle by b the tho governments attorneys to elicit information from the time witness ss proved fu ft tile as Mr 11 Williams professed proCessed absolute ignorance on these subjects When hen Mr 11 Williams was ws W lS dismissed Attorney J T r T Marchand asked that A Greenwood an another another other of the time fuel company compan be excused Commissioner Clark Clarl acquiesced and Mr lr Greenwood left the room Byron Groo Talks Land Board Byron Bron Groo who was secretary of the state land board for a number of years was wal the next witness called He de scribed the formation duties and pur par purposes purposes poses of the tho land board and also de tie described described scribed briefly the land turned over mer to Utah by Iw h the time enabling act Ho IIo admitted that although it Is customary for a land board to appoint an agent to examine and report rel upon n lands being taken up the time board during his lila connection with it accepted the affidavit of ot the time applicant in granting land This affidavit called upon the applicant to swear that the parcel he Ime was filing upOn contained no mineral When there ther was some doubt Mr Ir Groo explained a second affidavit was re required from an applicant Knows Forrester Well The Time witness said he had llad passed through Carbon Sevier Emery and amid other coun ties Ues on eu a railroad only and only through general Jeneral notoriety could f ay say sa that he lie h knew these counties were vast coal fields He Ie said he has known Robert Forrester for or eight or ten years ears having seen him in his office Groos many times He lie could tell teU what money Forrester FOIT ster paid laid pal for land He said Forrester was examining plats plate a great deal and paid for parcels of land several times The witness said he knew that Forrester acted often as fact for applicants He said Major Bird had acted as attorney for tor time the state in famous land cases involving the fuel companies Mr 11 Groo explained that a special agent to examine lands applied for fol could not be employed as money mone col cob from the land entries was turned over to the state treasurer The witness asserted that he had tried to have the state legislature arrange things timings so the state land board could employ the great ly by needed aid but had failed I |