Show gU austol IM ARMY MUST GO I 1 that Is the courts order and marshal getting ready w SOUTHERN DEFIANCE client S superintendent fill nudora more says they wont obey the utah authora I 1 this tal fixed for tho the to tot t ass M an exciting ja ogden anothy r of the ary amy to como coma 1 i solly impudence the suit 11 rose brightly over tile the earn camp erthe ladu 41 aal army quartered enog den ao stert lay morning mo alae the night had tn tia awol ault gul lly lynd no 0 o disturbances biccs rose r dk I 1 i ch chiments ments of 0 the L YUJI utah Z na all nl fluard d silt sat S at late iv e and ogden con rg ints and of 0 th lac c police forces of 0 bab itar were wc on guard it 1111 ill night anti anil 10 aw icly mint sin provided pro idad tor for the HITI pin lf r k l piat pin r the he men within the rants bailia arvel rv el lor for them but ill anlin all ta 1 ne vigilance quite altura a gium hr have czaple czap cz Ld and a census taken by 11 ahe ic orders of 0 chief or of police pratt annat air afternoon ade boon showed only SOS mn imi ru dio bolt officers oai cera whereas about ul 11 lj aro came in iso that lat about ss ill jt led of these it Is tile nc gr ET r proportion KS ig for salt lake lac the tt wi giai annu nr cunn tion of every man at in ii to arm or nt wn wi w i lahcen y tile police for ro ului nr sicre er aro TO LL ALL IZI J OF 01 PEOPLE A the no anotle tle crowd laborers farmers firemen fl remen alun 1 ilk I ic at wl d valters are deore filliol v can ass aia or of tile die army es as t to 0 showed that fully halt bait were 1 birn 0 o A P 11 d f these the irish c lr ailin a a 1 li rl proportion colo colonel bvm a efter 0 r llin cJ J t that 1 at 9 per cent ot of his arlay inn v nalla e ami ricans but this plate nene was not noi s unstained usta ined by a cans ca n ts all to political the lh ma a ar populists papu lists a good few domer ceils its and onie ran in rel biloon a goodly number claimed to be iez it lo 10 catholic faith and not a raw few slid they wore were in fideN I 1 the donations of 0 provisions to so far am tu to feed ced them tl em and they are loud loci in their expressions of 0 gratitude far TITE KINDLY ul ury uly y sire ore receiving they lave a reni ht derailment dep ailment and a lumber of 0 actea who nho take charge of Is at food and doal deal it out in rations lu in ii filar army cylc style general ten Gen cral kelly who was expected here her e this H and who was to make ar tor for the transportation bof of Us lie arms irm to tile hie fast bat hoa ban not lot yet et ahon up colonel bitter had a telegram stating that kelly kally would arrive U t it Is tuesday morning MY COMMANDER colonel baker called at the gover wo ofle to tn ask thit no action for their removal noval lip bp taken until then baker eaker Is I 1 a thin clr little man with taff 13 hick black hair and hack black triou stache III K lii Is M ye yire of are ace and wears glasses Is ie but neat neal lie he wears 4 willi standup stand up collar riot not on ill hi shoulders are arc epaulets and sil to 10 his hi cost coat collar co lar Is a 2 plese ol of coarse ribbon red white and blue hi i 11 a lie he Is a common laborer W aid has haq no trade lie ile has haa lived in a aw states ot of the union and claims york us as hla his birthplace he la Is more fre intelligent than the average la TIM obligation II 11 th I 1 loil following i li 5 the obligation to lh r who bo 1 join the army are arc re fu merrt to sub crabl I 1 hv bay sworn to tal support the or of the visited states St itoi and nil the aLmIr lal army to obey ill all lawful or af th L mn mi it eld aid sent or bandol bi t h by 7 I 1 ho author d bo to do to cicar f tit ful rt and assistance to w officers and Lm ralva or of the army p 0 o never any liw w of the lh united tm tin or such slie or territory in III aich licy may bi be iff aid 0 abit conduct F 10 t lim right ot of properly Dr and uw law d a 0 onto er never act ace in manner ial Is orlo brill alp aln radl ll upon th the wf at lie united state all tho the removal of 0 the toy Y were impounded laii pending the hoart heart hears s or of the suit alt which was for fm i oclo li it in the a afternoon P patt AND biere abere li 14 nothing but pity for those a fol altu nates who compose the army ft there li ere Is a decided tendency pv to anly resent reent the action of the south v pacific railroad nna and the ima pc in dumping the poor wretches at w of taking care ot of them mf erp they beang be onit A few rw men here have trade made applina 11 1 10 join the company ot of industrial it not many any an any y of it the members oil at atop OP oft off anywhere they VM id get art a job they are however not t to 0 KI go back to california 14 MM if the order orde r to la rande made by tile the court the Flici pacific to take t them hem ek there in inny aty bs be cerious trouble lf AS aa B men fay they will po go to washing w lt if they have to walk S there bee ahls been to some e talk of them t S it ii train or rather an on en to astarb to their train and pulls out the T set on c their own no nc n inta r there le are plenty y or t e gIn ciers among amone them t to ao 30 0 so co it if I 1 y to to adopt that cowe tee ni r at T Clock and od VIct senoa led lato tho the evening at 1 l I 1 tile the hearing of 0 the in nedion suit of the he territory of 0 utah 1 the IM southern com pir p ir T corne cm on oil in the fourth district it t hief junuel sterritt f 00 nit up ui fro floii 11 ral gaii lake spec ty i br ile fie jv and judge unar mner 1 I klabau attorney P F S rich m 11 J 4 Altor rry divid ivana rp all kh ald or te Tc Ir KHory lory and ana judge arms M or ille h company ll 11 i il I l limi la biad van oo 00 colt t t ll 11 ci rh 4 B ill aae 11 bt alf of tha 1110 union kemball on boned the M 1 sailing J ion to CIO bie an amend sva 01 rills 1 nt t which wel was wa rented by T 1 l on the around that b hn f exra in and r sinn elite all ellal complaint and that 11 he 3 ak he tim time to it nio to tin answer att t abided tt ll Om complaint PlaInt ila iio riot not the 1 ll 11 tull full statutory time ot at ten b lit 1 it 1 l re bit time fir A If i orritt ail allowe 0 sont 1 mr fr marshall lla rhall vel k to 1 an g the amended kint cini 1 the court adjourned ia I 0 ak tota hour ou I 1 23 aim A im dr 1 S lit of which 1 Is 13 territory 0 utah ailigh county y ogle city arid c V 11 the mayor ot of ogden oa 11 cly city vs the als W AMIC 10 broad Com company campini pini and 1 i lla til pis forth that on jausly J aio oio anty 11 c county court of 0 weber daies B lasta d the resolution that all persons and common carr carriers i are hereby prohibited from froin brin iniz into or leaving within the limits of weber webar county any indigent or insane inn ne persons not residents of said county find and that a copy of at sa said d resolution was d arvid on S IV knapp for himself and nil As agent or of ill ahr defendant company p any and that in violation of said aid resolution t the defendant company had bas transported about 1200 indigent men known rs ps the inda industrial trial army who are without means mean of 0 support and threaten to u unload load still men and leave them in ogden find and will 10 lo 0 so unless restrained by th the e court the complaint further sets forth the that ahn men are arc a 1 I menace to the people 0 of the territory and that it has bar been found for the G governor governor to call out the militia and the police to in protect th the lives and property 0 of the citizens Where foill plaintiffs demand 11 judgment perpetually enjoining and sald said defendants defend inta from conveying sald sal 11 men into I 1 n to this territory or unloading adl i 9 them in ia oen city or CT keeping them within the territory TIM THE ANSWER DENIMS DENIES th the 0 der defendants end ants in their answer deny t that bit they are now transporting or at t ahr bi itte date of said compla complaint ant were tr transporting a I 1 Is over their road towards tins t his territory the industrial array army or that said men are arc without visible means of 0 support deny that tho he t company threat cna CAA to bring brine said men into ogden city chy and unload them there deny that said bald men ate aie 0 of I 1 a violent tit position or that they will destroy or lay jay waste that ihn property of the citizens deny that d nion men pro arc unable to respond in for any injury which they may do the defendants allege tl bilat tt as to the nun alle ITS nathon 1011 contained in tho the complaint that other transportation companies refuse to tran transport port said men out of sa il og 0 dan MY city they have riot not ent knO to an answer alwer and for further ancher hie he defend defendants anto allege that tile tho southern pacific company as a common carrier transports its r leht an and 1 engere for tire from oakland t to a oden tb that t a of passengers con the body of men refe ried to applied to defendant d for Q a number of care and chartered said cars on or abut about april 2 ISU for nr transportation of freight and passengers from oakland to to ogden and paid to tile the defendants defendant s its reasonable charges in thit g regard rd that said paid men iron who are re orderly orde aly and nd well behaved citizens entered said raid earn cars and an d the southern has transport oil and delivered slid passengers as it was their duty to do safely palely anti and with due diligence at the city of ogden wherefore defendants pray to be belenco hence dismissed with their reasonable costs coats MR MARSHALLS on court at 3 sir mr marshall stated that he was waa ready tor for trial find and that he wished the answer and demurrer as aa or originally died to apply to tile amended cimpl complaint aj n t mr 1 I marshall then addressed addres fed the court in support of the demurrer calsing raisin the point of it a misjoinder of pirt parties les their honors overruled the demurrer COLONEL bakar 11 commander of the lal army was the first fir st wilnest called bv the in reply to questions by jungr Jui liri kimball he said bald between 1200 and 1300 2300 men of the army here now were conveyed to ogden from sacramento Sic S by the southern rafic Rall mad the tare fares had been paid from oakland to sacra sacramento in to by the elti of oakland non none 0 IT had ad been vald by the flit members of the army the tare care front from sacramento to or no part of it was paid calel by the men composing the army no committee of the th army or any member of it had anything to do with arranging for the payment of the an fn bics es they ram camp in cattle cars had no or bedding and were not supplied with water it was wall through the efforts of mayor of san Franc dao that the W I 1 ta alon was arranged the army started out alth three or four bushels of po do a side or two of neon a box of cra crackers ekers and a box of tea which was don donated cited ty by charitable people about HOC in money was a alm contributed the army was driven out offal of oakland by the police po Ic the military au thorl anti and the fire department the rail railroad roal authorities had reasons to know that the arny ar ny was wag conn composed posed of destitute people the railroad people the cars and tho thi police loaded the th men into thin ibin ib in they got their food on the road from donations it at places where they stopped the railroad rl rt it 1200 for con the army from oakland to sacramento did not know how much the company rot got for transporting them from sacramento sacra mento to ogden Off H old not know how the army was to prosecute the journey t to 0 washington they had no rn monay ompy but 97 and were ara ty tute of food and clothing clothine men left sin sell frn loco about joined at oakland and S bout about at sacramento a rosy few j joined abed it at other points paints they were wholly dependent on charity chrt rity to obtain means to pursue their journey capt captains tins rogers and snead gave testimony similar to that of 11 aken MAn enatt chief ot of the salt anke police testified that the army came in twenty three cattle cars care parked packed like birdt sardines ties lt in n a box they were cold ra ragged gee and hard looking et GOVERNOR WEST next took the th stand and testified that he had noti notified fled the attorneys attorney of tho the southern parine pacific railroad company lit in salt lake not to dump the army anywhere in this territory as soon oon fig ba he learned that th they e y were coming he had bad also alao d ile ir Fl ilmore the general tnt or dont of 0 the coi company Pany at san francl seo and A 1 knapp at edn to the mime an cle effee t he had call calad d out the militia find and other forcen force fl fearing that it if nn all army amy of 0 UW 1100 or isoo 1300 hungry and destitute men man were landed hero here there alli might bo be and he considered it was necessary for the protection of the lives and property of citizens to do so NA KIMBALL salil I 1 ho be had be been in tho the army st camp and recognized three of the members of 0 the oe ninny army who had bad been colv convicted isted of criminal tle n in osden ogden lit in the pal lie he was of the opinion that others of them wore criminals an and lie felt they were a dangerous dan Kerous crowd to any community S W KNAPP superintendent of the southern pacific I 1 railroad Rall roAd was the be next witness called ile he SAM said that the railroad company hod had received COO for transporting thise these thi se p ople from oakland to SAC sacramento ra mento ilia but did not know how bow rn much I 1 job was the amount t paid rn or 1 their transportation from fi om sacramento to ogden and know who paid I 1 it ilia comp company nily tho the wl ineis reluctantly admitted ha had L these poor people in cattle cars they had never before transported passengers in cattle cars cara they had not been supplied with feath se ants or covella covel lW or water and had beai I 1 hod through h st at the tl rate ot of finerty thirty miles an all bour so ao us to prevent others othera frum jumping on tho the witness was exceed enzly loth to admit that the governor had not gottried tried him not cot to lanil land tile the people so here bere but finally cnally admitted that such buch wan the ens case tills closed the caw case tor for the ho plaintiffs the defense called but one it nos nesa and that was wao mr ir knapp only ono one question was WB asked him and that 1 on oil page fast tl 81 miu T GO continued from page 1 wax was ties the city of 0 ogdin not often applied to the southern pacific railroad for free transportation for pau pers pars to california the question was objected to and the oba objection atlon sustained ined judge merritt ro marking marhl ni that tat Is like saying that you ure are another the evidence here closed and at 7 THU ARGUMENTS were made attorney J N 0 opened for toe the art tanil iwas waa followed by cilam marshall tor for the defense mr marshall 1 a r it hall for half hale an aji hour holding that n a mandatory injunction in this case would be a vie violation of 0 ivil civil rights and that the men would not and could not bo be made to return even it if the 0 court so ordered and the railroad co company and uie the governor could not send them back against their will MAYOR DAS KI N made the ithe argument for the pro prosecution ire ile sold there was no evidence that tho the railroad company had received any money for these men front sacramento to utah I 1 and were tinder any obligations cs as common carrier to transport them tho the southern pacific had dono done a brutal wicked thing in shipping the men na as they hal had done like cattle and subjecting them to hardship and suffering a mot unparalleled they ought t to 0 be made to repair the wrong as aa tar far us as possible and to return these people to the community milich ought client to tako take eare cara of them FORM or OF injunction this concluded tho the arguments and judge merritt man att asked tho the |