| Show THE UNION PACIFIC TRIUMPHS I 1 there will be no independent receiver for ane oregon chor line railway in ID utah the american loan and trust company declined to accept mr bankroll Ban Bauk kroll rots a eo co because he be was a union official judge merritt refuses to modify his hi previous order Und under erAble this the me pacific receivers receiver will continue to operate the short line to utah in con with the union pacific main lioe line it now remains to be wen seen whether the short line roads reads outside ot of abis Terr territory itry ry will be takeo taken charge of by mr egan and operated independently or fall back to the union pacific management as ai formerly that mut matt be decided by the american loan and trust company there was an interested audience in attend nee ace at toe duprere court room on tuesday when there was waa called up before chief justice merritt the application of the american loan and trust truit company for a modification of the order of court made in too shot short line litigation on june 10 naming W H ban I 1 r at as ae co ao receder with john job M eg egan requiring be payment of interest loter eai on 00 the mortgages mortgage a of the line south of 01 salt lake city and making no provision for the issue of receivers 1 certificates of the counsel for the loan company judge john A marshall was waa the only one present for he be union pacific there were senator donator jono M thurston Tb unton general solicitor and losers B R A halia hall P L williams and le grand young woo engaged in the proceedings on 00 a former occa this thia force was also augmented by we tu presence prea ence of general cowan who appeared under the special direction of the united states attorney go ge oral to oppose the application ot of i be loan company the loan company wanted a modi the previous drevno order la in the following respects respect the withdrawal of mr bancroft as receiver co oo in behalf of the ap 1 tf ifju for receivership for the raaen that they had bad not no asked his bis appointment and making it was not in dependent deren dent receivership the granting of permission permia sion to issue receivers receiver certificates as had bad been done in the other courts for or the reason that the raising 0 large sums of money required by the utah churls order was impracticable and the modification of af the order requiring pa vinent of certain accrued interest tor for the reason that the road was beyond the jurisdiction of abla court when the caw cam came up today judge Mar marshall oo on behalf of the american loan and trust truet company recited briefly the proceedings at the last bearing wherein the court maue made an aim order on certain conditions that the short shori line should be turned over to receivers naming as a bob such ofil oera oora john M egan gan and W H R bancroft BL BAL croft he asked blat alata modification of the order be made aado aa no application bad been presented for the appointment of mr bancroft as aa receiver therefore he requested the revocation of mr mir ban crofts croft le appo appointment it Is was further stated that hat the order conditioned the raising of large sums of money it if mr bancroft Banal rots was made receiver it would woul i continue the management in the be same hands as aa before and in effect there would be no separate leoel receiver ver ship hip A ai to the be next item atie be receivers ce ivers s mr marshall said laid the court bad baa stopped mr storey to in his bin argument and did not hear bear his bin side ideon on this point As AB to these hese mr marshall asked so modification granting permission to june issue we be certificates third iu in the matter of me he utah southern road he be wanted of the he requiring p payment SY mom of interest to so ue stricken out As AB to the condition imposed in it on the american loan sod and trust company to pay that hat interest mr hit dillon had not appeared in this court and it should bould by left to the other circuits this mortgage covered a road not in this bis territory and therefore was out of the jurisdiction of this court senator thurston Tb urston for the me union pacific sald he did not wish to argue the case but simply make a statement regarding the be last question named the loan company came to this court with the toque request to confirm CM the order of the other courts and this ibis had bad required the payment ot of accrued in wrest lerest on first mortgages in this respect be urgal that bat no modification of the order 0 to be made attorney williams said the motion to is made on no new showing but on the former bareto care to enable them to avoid the payment of interest on the first mortgage boods bonds of the utah southern and utah southern extension he then referred to the appointment of mr bancroft and said it was the duty ot of the loan company out of courtesy to this court to wk the other courts to confirm mr bancroft Ban crofta s appointment but they had bad not done so he was surprised at the claim that mr ban crove crofts appointment would render nugatory the separate receivership that was merely a 0 street clamor that had baa filled the newspapers and bad no place in court this application was a of the rule tot that no man should be twice vexed ifor for the be same me caus caps and also of the rote what was thearo should hould won ban end ed to under the rules ral the court should hould refuse tu ho hear this application juda merritt I 1 understand two appear have bave been takes taken to in the circuit ucb conru mr williams there are two judge Ma marshall they are only as to the receivers certificates certificate mr hall the oregon short line has ha appealed from via the whole order J bilge marscall Mara Mars ball I 1 know of no such appeal being bei 01 allowed I 1 would like to ask eto allowed the appeal to the appointment boint ment of a receiver mr hall I 1 believe judge bellinger Belll ner is the one judge Mars marshall ball I 1 understand tand judge Belli siger vacated the appeal except so a to abe cert cart floaten fl fi oates cates the appointment of irso receiver otTer still remains tola thin curi c un has baa juras jurisdiction diction here and has J not followed the other judges such an appeal cannot affect this court exer exercising its it Judg judgment meng an it did batore it to is now that nothing can be done under auder the order because it la Is impossible impo Belble tor for us to pay a large amount of money to remain under the same management as aa before we are met with an AD oto obstacle that ma jaoes it as it I 1 ble to follow the order of court may we not ask tile court to modify thu this cordei senator if your client cannot take the road you will not have the a curt urt take it il judge marsh marshall all that suggestion ha boo been mode to and thrown out by other judges this court dues does not pretend of 01 its own motion to take hold of and operate railways the court selects a railway man to operate the it does not do it itself tola this and other oiher courts have baa said abe choit line liine should hould have a separate receivership mr Ban crofts appointment will not dot allow a separate receivership oen cowan government attorney said be was instructed by the attorney general to strenuously oppose the abe application on the part of abe govern mout the receivers formerly appoldt ed ad were satisfactory to the government is ran wong alia ICA the ehe property erty the rho alban company bad askea for an independent receiver tj ti which it ban baa a right when the accrued interest OB abe mortgages is paid on behal of abe government he be tb abe separation should nt mt be madir mad that thai in the interest of the people of tile tiie west no segregation should be maie mado judge ban born bad said that mr storey vave gave him to understand that the money would be raised in the me usual way and had bad not said anything of receivers reco ivera certificates the proposal pro poal pool kioa now was to 90 make a new DOW lucum bronco on the property it was an ad no usual proceeding tor for a junior mortgages mort gaRee to proceed as proposed here mr hall followed saying he be had bad expected a BOW showing but wap wan disappointed in finding none there boo bal been appella from gudites gilbert main feature being the objection to mr hail daiell urged the loan company had bad shown lack of good esith mr bogrand LeOra od young opposed the ot at the be ree receiver siver or the dismissal ot mr bancroft until he accrued interest to is paid oft the proposition to do go ao was absurd it ft was an ou outrage triage to segregate eg regate these roads roada he Im alsted Inal atod that bat prior lions heir should boa id be satisfied be fore the loan company wok look te rod road andge marshall Mara ball th the bistue of certificates certificate mr young 1 I have nothing to 10 lay BAY oo on thal I 1 only say ay that out our lien 1166 bould should be satisfied ali ened judge Marsti marshall all the court did not forbid certificates and we pi that bat tt it was wae not necessary neoe eary to bring DOW dew matter on th Is subject mr MarB farll 11 then pointed out that the prose prosecute cutt n of the foreclosure sult by the other bide aide would segregate eeg regate and ana iB member tee road toe the appeal was not supersede iii therefore the ordail are in force judge morritt I understood tood it was wai a supersedeas bonu senator seaster Thu no odess bond was riven alven J judge marshall for the first fl ret time we re ate the be government ment bore bere it has baa no interest in ia this road ito 18 lion lien is on the U onion club pacific I 1 am surprised th that we be attorney general ol of me united mates enji a man bore bere tu to urge the lb interests of the people of this his intermountain region toe the attorn wj 3 general does not represent them he use no internet interest here bere As an to segregation there in no thought of it on our pat palt it would be against our lute reat lu segregate it general cowan said bald he be did wrt nt to be misunderstood he opposed the be application on behalf of tue too pecuniary int interess inte reaia ereis of the government with reat iset to the frinic at the interest ul of the government to in this thia region he be dlo out bu appose the be people were out of the government t lut ut were trying to got get in roe fee government had joua tail mif million lion ID laud to give the people here bore transportation por tation yet the attorney ht ut torney general represented only the pecuniary lu in ceresta of 0 too government in thin particular case judge marshall I 1 woo waa surprised to bear the gentleman say the attorney al torne ife bau bad instructed him to lo appeal in the interest of the people anai officer is ia not interested in private litigation the government has hab no intern interest here bore it has baa out been allowed to later inter vene vane does doea it come bets bere to ive I ve ive weight to the other ald wt W think it be given no weight juige juge merritt abis caw bus baa given me great and some annoyance I 1 made no order rOOP respecting COLIng receiver sL before and aau shall ahall not do to KO now that matter in being considers onal Jere in the appeal in other intha i n the moans meantime itne I 1 will jet the order stan ataop A as ae before at thi point be attorney interested be railway men and the larger portion of the aurience left the court room where other bu briness iness ot of moor interest lute reat to the public was wa taken up cuare was wai a good deal of d let of the order among business bual men when they learned ot of it and disappointment was waa generally |
