| Show CONFLICT OF ORDERS United States Attorney Enjoined En-joined by State Court GILSONITE GASEGOMPLIGATED t United States Attorney Whlttemore Served With a Writ From a State Court Prohibiting Him From Carrying Out the Injunctions of the Federal Government to Prevent Gilsonlte Operations Deputy Marshal Smyth Also Served Officials Offi-cials Greatly Astonished Something new happened In the United Stales court offices yesterday when Deputy Sheriff John Cummock of Salt Lake county dropped In and served papers from a State court on District Attorney C O Whlttemore and Deputy Marshal L Ii Smyth Tho documents proved to be a summons to appear and answer a complaint filed before Judge Jacob Johnson of the Seventh Judicial district by A A Noon and Sidney Le Sleur against the two United Slates olllclals named There was also something else which at first provoked a big laugh from the defendants In the 1 case and then annoyed them It was a icstralning order issued out of Judge I 1 Johnsons State court and directed I against the United States District Attorney I At-torney and the deputy marshal The case grows out of two suits filed by Mr I Wh temore last month under Instructions Instruc-tions from the Departments of Justice and the Interior at Washington Depu I ty Smyth who In the papers from Judge Johnsons court Is erroneously referred to as J H Smyth proceeded to Price and seized about 10000 pounds or gil i Bonito there which the Government claims was illegally taken out of Government Gov-ernment lands Jfr Smyth placed the stuff in charge of a keeper l and it is I still held at Price The suit under which this attachment was made Is directed l di-rected against St V Lo Sleur In the complaint before Judge Johnson it Is allege the stuff belonged to Sidney Le SIcur and A A Noon doing business as the Castle Peak Gilsonlto company I and that the material never did belong to St V Le Sleur It Is further alleged that the defendants threaten to seize I and will seize all the wagonloads of gllsonlte which come to Price unless restrained re-strained by an order of the court meaning Judge Johnsons court This It Is claimed will Interfere with the business of the plaintiffs who claim to have been in and entitled to tho possession of the Helen Paris and Troy claims In Wasatch county since November No-vember 11900 Judge Johnson accordingly accord-ingly issued a temporary restraining orderand the defendants are cited to appear before him at Price at 2 oclock next Saturday to show cause why the order enjoining them from interfering with the plaintiffs gllsonlte operations should not be made permanent SURPRISE OF OFFICIALS Mr Whlttemorc in speaking of the matter said Of course I shall appear before Judge Johnson In deference to his oVder but on the other hand I shall continue to discharge the duties Impeded upon me as United States Attorney At-torney by the Department df Justice and the Department of the Interior I think Judge Johnson has been imposed upon in this matter and has evidently not been given to fully understand what the effect and purport of the order would be If he had been given to und un-d 1 rstand that the order would interfere with the performance of the duties of Government officials I think he would never have Issued it In effect It amounts to restraining the officials from protecting the Interests of the Government under Instructions from their superiors Mr Whlttemore seemed to regard the injunction as something astounding Deputy United States Marshal Smyth said I see no reason why I should have been Joined with Mr TVhitlemore In this action My action was merely that a deputy and in acting I merely represented the United States Marshal An injunction restraining me can have no effect for the property is not in my possession or custody but is held by Marshal Miller In reply to a question ques-tion Mr Smyth said he would certainly proceed to execute another attachment should the process be given him I do not see how under my oath he said I could do otherwise than follow the Instructions given meA me-A Government official not however one concerned In this action reported discovering what he called a most ingenious in-genious scheme to get gllsonlte out of the Government land not long ago Ho says he found a blind shaft sunk outside out-side the reservation The plan he stated was to get the mineral on the reservation and haul It to the blind shaft transporting thence to the railroad rail-road and shipping It giving It out that It came from the shaft The olllclul took a little Journey down the shaft and found It to be about sixtylive feet deep terminating In nice cool earth without a trace of giisonlte |
