| Show KNOTTY POINT IN RAILROAD LAW 1 I Arguments to Take Taka Place In Salt Lake Lako City September 5 QUESTIONS OK OP IMPORTANCE U fUll is Is i a is It ii I I roe it Company Roth jill it 7 Condemn Co essi mm a of u ii head unit Nuts Ol I IA IA A new and Interesting point In rail railroad railroad road rood litigation will come costie up till before Judie Judge Talbot of ot Nevada who has ha con cost consented I seated to suave Have contending counsel It a trip to and will vill consequently hear her the time arguments of ot O the legal representatives of at the Oregon Short Line and time till San Ran Pedro road In Salt Snit Lake City on omm September 6 An Ass to hear henr hearlie I Ithe the lie case CAIO on that thai date dille In thIs city was wu arrived at yesterday afternoon by b Par Parley Icy ley II L I f Williams and Iud C 0 O Whittemore and agreed upon by Judge Talbot who hio Is III at nt the present thou staying In iii Spit Salt Lake The new nest point to bo be raised Is ono one of offar fur far reaching Importance and will be nothing snore more or hens than the tho settle settlement snout ment us as to tu whether a n railroad company can mn condemn tho the right of ot way WilY of oC a arival arival rival road mood that has ha acquired the Cite disputed strip of or land by ly b purchase e und and has commenced construction on the thus same If It Clue thu court decides that such a athing athIn athing thing thIn can CUll be done arid and this decision loll IH is by b a P court then there thoro ought to 10 be some lomo Interesting develop developments merits ments rival through the Cite country countr If Jr on the other hand the time petition of ot plaintiff Is denied and amid the Chic same decision rendered on an nit appeal then the list Sun Stilt Pedro toad road will have the right to construct Its grade und lay tracks over the time malar malor portion of the tho disputed below and through Meadow Mendol Valley wash It Is hi n a knotty point of law lass and pos pas i sibly one omie without i a precedent In the thu annals of oC if railroad litigation Judge Kelly holly hell counsel for tor the Union Pacific Parley L I Williams counsel coun el for tor or the Ore Oro gun gOIl Short Line Ino and amid possibly Judge Cornish of ot New York will handle the case cuSt for tor the Ihu plaintiffs while General Counsel T E R Gibbon mind C O 0 more lucre of oC the lie San Stan Pedro Los Ios Angeles Salt Lake will furnish arguments for tor forthe forthe the defendants It H Is needless to 10 say that both bolh sides are aru reading up studious studiously ly Iy and amid that Clint the thc lie matter will stIll be he gone In Into Into into to exhaustively An effort will be made to 10 secure Otto one of oC the district court In the city elty and county building for tor the Chic hearing After Alter the arguments have hae been con concluded briefs of at the tue cases eases will be he print printed ed tl il forwarded to 10 Judge Talbot at and the decisions tendered rendered soon noon afterwards Until that time construe construction lion tion will bo be materially delayed and neither company will indulge In any an extensive work In arguing the tho cases the Harriman forces will contend that Clint the way In him dispute belongs to tho the Oregon Short SharI Line by hy right of oC eminent domain timid and that the that San Ran Pedro forces are not building a n railroad but are simply act log In the time capacity of oC obstructionists and amid ns us such nuch they thoy are endeavoring to head of ot a n legitimate enterprise Coun Counsel eel sel for tor the time Ban Ran Pedro will maintain that Senator Clark antI his 1119 associates art are In ism earnest and will ld the tho road at fit any cost cort they the will lay claim to the hue disputed by right of oC pur purchase ounce chase anti and will maintain that the tite coun county county county ty records Dhow that If It the time Oregon Short Line Interests ever had a n claim to the property that the game was abandoned years tars mo aITO and was not claimed until after aCter Senator Clark had made his hula railroad rill road plans lians 1 public to a 0 certain tain extent legal will have hare n a nry I very Scry ry busy time next month for Imme Immediately I diatel after aCter the lie hearing In Salt Sail Lake the snap map ease case will be talu tal token en up nt lit Car Carson Carson son Ion City followed by 1 y the Injunction suit ault on September 19 I at nt the same Harne place before belore the tue United States court |
