Show CANYON CASE ED rio grande grand e western wins right of way suit i SUPREME COURT OPINION I 1 the court holds that tho the companas Comp anys right night to the ground in dispute is paramount para mount to that of tho the power company abduction of a witness charged J M pepper accused of 0 Burgl burglary nry acquitted decision in the case of I 1 vs va harrick defenso of B IL jones I 1 the supreme court handed down tan an opinion yesterday in n tile case can 0 of 0 the hei rio grande western railway na I 1 company pa toy vs the telluride rower power transmission company rt et ILI al appellants in flitch the railway companas comp anys title to certain land in provo canyon Is quieted as against tile the defendants in the lower court the plaintiff C company own eit ei t out that it was nas authorized to build a rall railway ivay in provo canyon and that it had located and surveyed its right of 0 way nay over the land in dispute and was tit in possession of and en lit in grading the same when milen the defendants under till an adverse a claim stopped slopped the work by threats threat the land I 1 in it controversy wits a strip 0 feet lying south of the 11 provo rovell river in provo canyon the defendants claimed that they had the right to use the particular land in ili question for the purpose of oc building a reservoir and dam if at n and that their lights were nere prior to those ot of the I 1 in ili the trial court judgment was quieting the railway comp company anys title and enjoining the defendants atom ito rn interfering intel with mith it in ili the uye use and occupancy cu of the land in question judgment lit in the lower loner court waa as ien ticked in favor of the plaintiff and the defendants fend ants appealed the questions raised upon the appeal were ve ere its as follows first had alicie been a statutory forfeiture of the plaintiffs chatter li in consequence n of a ballue to complete and put lt its road lit in operation as required by the statute after its articles were filed with the auditor and secretary of the late territory oia or the state of utah second had plaintiff the lan lawful ful right to locate its right of way in th the canyon and had it located it on the land in dispute and was it in the actual possession thereof ahen w hen defendants defendant interfered with its 1 possession 0 third did the law require the plaintiff to file with the register of the land it a profile of its road in order to rely on location callon Jo and actual possession sell I 1 9 fourth had the th defendants or either cither of them made such all appropriation we IT r of r 1 and had they or ILI cither 1 1 h r pa of f I 1 them L I 1 e m such possession of the land in dispute as authorized author led them to hold bold it against t the plaintiff chief Jurl justice tle u zane who mho wrote the opinion of the th e court answered all these questions in favor or of the railroad company and tile the judgment of the lower loner court Is accordingly the opinion in 14 concurred in by tices dartch ord and miner miller an opinion was also handed down in tile the case of 0 A peck c k n 1 t a ali lie girard fire and lil marine insurance company appellant one Is appears had insured hi bi 1 I home laza against trist nic file in the defendants defend defendant antI 1 con company pliny tile the policy malich was for t ethl iwi being made syable to peck as riner cigic th tho property pio perty was damaged I 1 to the extent of 0 by tire fire and peek peck s bcd tile the company for or the amount and a secured judgment the companas comp anys contention was that pock peck could not title alone anti allin alio that had violated one of tile tho provi slone of 0 the policy by conveying tile property to it ft thaid patty pally I 1 the lower court found against the company on both and the iho supreme colit affirms the th judgment ju derment the opinion Is I 1 itten by chies jurai jus 1 tit alce zane and justices miner filter and baruh bartell concur CHARGE or OF ABDUCTION I 1 conflict between attorneys over it a witness in powell case C csc assistant county attorney I u intern I 1 1 and II if A smith indulged tn in a rat interchange ot of courtesies in judge coui chui t yesterday afternoon in 1 connection n with it it a motion made byi by mr putnum tr for a continuance in tile the case of john powell who Is 13 chat ge d with criminal not assault upon hla his thir teen year earold ear old stepdaughter step daughter maud smith rowell mr air putnam pulliam asked tor for a continuance ot of tile the coole co ole for the term upon the g I 1 tant tha complaining witness i was missing wind and that lie he could not lot safe purely y proceed to trial in her absence mr liv putnam further said ald that in ills opinion an all attempt was belne being made to kerp keel the girl away anay in fix order that the defendant might escape conviction attention was LINO nl io directed 0 to o the fat fact that tho the charge against rowell was wag a very serious sei loud one and that should be properly investigated in reply 11 II A smith of counsel for powell declared that till all statements to the effect that the girl ell nas as being kept away bv bir her step stepfather father wele al absolutely raise false 1 I car can cpr prove by ten iti witnesses I 1 till shall ill call upon the bilal mr smith continued that the girl has admitted having tied lied about thir matter and she che li Is simply shortly afraid to appear in cobit coin t the story was vas dragged out of her lei in the hie list first place by the police cers anti and there a word or I 1 truth rth in it mr smith th then n discussed the injustice of again granting a continuance as powell and ills his relatives lie said were distressed over the charges all and 1 I desired a speedy hearing attention wits was also directed to the fact that it ft feinier continuance was granted Brani cd on account of 0 the absence of the same n pretests retests mr air putnam in closing chiu chained acel the girls relatives with liming hai ins forcibly removed her from the home of a friend where she was being cared for and said that tile tho officers had since been unable to locate locale her to ehli is statement va added the testimony of deputy sheriff who said paid thelt that lie he knew ot of the alila ilis whereabouts at the time of tile the for former rna a ettin g of 0 ille hie case but that the she disappeared before they could serve a subpoena on her upon tills this showing judge norrell granted the continuance mr putnam P irre eing not to ask for a further tie delay the ense case accordingly went over fo for r the term and will be reset at some subsequent date TRIAL OF A CASE suit involving tho the validity of an assignment judge alles card a case yesterday the complications of which are laumer numerous i the title of 0 the action Is 0 O p R vs J schenck and th tha national I 1 dank bank of 0 the republic Is an intervenor 0 R rohrer it appears broil suit against schenck to collect 3 Is on a promissory note assigned to him film by hish his brother A F rohrer at t alic c same time the national rank bank 0 f the republic had begun suit ault against again go t I 1 A T F rohrer tt at al to collect 2000 on a promissory note and schenck was gar lie then prod the amount to a e and the national dank lar tit of the I 1 republic and 0 K R rohrer ore are now lighting fighting for or it isi the main question to lie he decided Is vi or not the as assignment iani n tit from A 11 to 0 tl rohr reber roh r Is alad I 1 the case will bo be submitted this morning ANSWER OF B ir JONES Tarp tarpons action iro iia says is duo to central pacific animosity james na N on behalf ot of 13 browell jones yesterday presented in the united states slates court an ca risner toi to I 1 the charges charees filed against jones by I 1 U P the matter vaa referred to 10 S 11 lewis lenin muster master in chancery to take el evidence dence in the case anti and report it undines 1 lings ot of tact fact 1 ll 11 the or denies in toto leto the charges prof be I 1 g ter nen and states kales that D P 1 tarpey tarey has been long lone an enemy ot or tile respondent I 1 and has ha s been a 11 party to end and IL a I 1 witness I 1 brits in many cases in which the I 1 respondent wa nit an attorney on oil tile the i other side aide and it alleges that th it tile the charges have been by tarpey out of spite the answer like likewise ulso states that the respondent liaa has at all i liboa in I 1 es observed the utmost rod good falth I 1 in it all his relations nath ith his clients find and uio tile court in all proceedings proceeding instituted by h him I 1 m mr jr jones said yesterday that lie had no tear a to the outcome of tho ill charees elia as he be had successfully tie da bended fended rw Ages ed two sets of similar charges charees made by by mr tarpey nathin fl f tew e w years jones jonca further says flays that the differences exist between tarpey and himself tire arc the result of their being on oil opposite sides of a land controversy tro Iro versy in which the central bacille lia italic linny ny com primy po f interested in ia air jones added I 1 was wai retained bv numerous settlers settle aho vho cattle camo to thin state prior to alss 16 to defend ejectment suits for them and I 1 found that the central pacific railway WITLY compana com party had ad obtained a patent 1 to the land in ISH 1 I window took the defense of these set tiers and have in each instance set get up fraud and conspiracy to deprive the government of its lands and the settlers 0 of their preemption pre emption rights I 1 have been successful in defending thebe liege cases in a test leat case at the last t term of court tile the central pacific atall nav company was waa non suited tills this Is the third disbarment pro which has been brought against me since I 1 have depre represented n d the L limox lox ader county settlers set llera I 1 have if been very unfairly trent 1 by the company anti and its alti agents while arguing one case cage ca se on an agent of the he company si av me chile my face was uns toward the judge Judis re but the officer interfered in time I 1 was offered it a bribe of provided I 1 would throw one client I 1 refused ond the party who n road made tile the offer declined to state from hom lie he obtained the money in my ight on torrey and hie it to company I 1 am convinced that I 1 am right find and I 1 take infinite bleating pleating pl eating in defending these suits and will m lit continue to defend them as long as they are arc prosecuted DECISION AGAINST united states supreme court affirms judgment of utah court county attorney van colt coll received a telegram from senator Ilaw rawlans lIns yesterday announcing that the united states slates supreme court had alarmed the judgment of the third district and territorial supreme courts in the noted case of charles L IIan naman L I 1 C carrick Karr Nar lck rick tile the suit bult was instituted by hannaman won n in 1889 it belner being alleged in the complaint I 1 that at lie ho find had entered into it a co in february for tho the purpose of conducting c a mercantile and Ift bi business tho the business Il hannaman annanian thor ther till ged continued until february 2888 at which time lC arrick took look nole possession anil and excluded tin the plaintiff I 1 from tha ihn p minor it ana lats ihen ho n met out that the profits of 0 thet business for the two yew years amounted to anil and way was demanded for A ot of the partnership n van LIS alao prayed for it appeared from tin the contrail contract entered eni I 1 into between the pait maitless less that Ilan namon had no mony money and that 1 loaned him the indebted lions being secured by a mortgage on I 1 interest in I 1 the be business ig arrangements alno made mada its aa to th the e manner in which the procla were to bo be divided divide if and the lh interi elit which kanack mas aa to receive for or tile the money which lie had invested lC arrick denied all of 0 the material of ct Ilan complaint ond and demanded d judgment for aich ho he claimed ll llan naman annanian boned bi him the ram case was originally tried before S A morritt Merrl tt leforce who found in I 1 favor of ci hannaman Han noman tor for 53 this landing ivan ty by judge zane lit in the third district court and karrick appealed to the SIT ku preme court that r deuced v the jp ment to end with this moan catlon cation the de chlon chilon of the lower loner court karrick alm took tonic an all appeal t to 0 the S supreme supreme c ourt of tie the 1 tin united lk where lie hai again been del defeated t ACQUITTED chargo charge of Ste stealing elling ft a watch from a not sustained J M 1 pepper charged with burglary V ras a 3 called for talal trl il in ili the ell minai division of the third district court yes lordney pepper first cd to the iho information but the th demurrer TV was as and th ill trial was a with till was news charged in the information with having brol broken n into inlo the of n B 11 A intile anver na vi r nor rite nue on july 2 and kwien a watch anti the demurrer awba estl cl upon the ibe ground bround that the llon wh chai ailred two live off enties burK buri lury flarY and ami larceny x L the defendant was tell by acting county attorney pullam aad defended by J hui irl nf IV A verdict of not guilty was cretu returned suit 33 between A r crinus cu rlou carte hilis has liten lit en on trill before fore J justice urtle sommer the title file Is ellith line dun down rong quong Yurl Tong ayon yon chin nod and non see tons tong vs yee on in charley scharley kins king and quong wali wait the case the bic ile of a laundry guint sue lee nas la yes day ordail ord ril to pay the slim mm ot of 33 55 to anong N wah all and upon ulton his big falling to lo to ilo sopi somner Somin tir sentenced him blin to serie ono ric ilay day in the county jail t will of forrest 3 J eccles th of forrest J vaclas ac casad was hied lit in the probate roil ato divi won oi c the tard district court yesterday mr Ec clesA estate cons consist is 0 or 0 fiur lccy of unproductive real rc al taale tt and off all Is lett left to his n ife I 1 court notes the c case anse of the th american ini 0 omi pany any vs va the A tir brew III c company pany tills haa been removed to 10 tho the plates court judge cherry told held court at tolela city yesterday in the ic case so of the globe savings bank vii va noto kate st george et ct it m a ree 0 of foreclosure was entered in lavor favor of the plaintiff by consent by judge audos mies yesterday |