Show LA LAYER WYER IT PROMISES TO OBEY MANDATE Judge Morse Does Not Punish for fol Effort Efort to Sell Sel Out a Railway 1 VIOLATED COURTS COURT'S ORDER I Posted Notice of Sale of Bingham Bing- Bing ham Tham Branch After It I Was Denied Upon promise to obey the or order er of the court suiting setting aside c the tho receivership of or the Iho Bingham branch of or the Hio Illo Grande c Western Railway company Attorney y Joseph Martin of or New York escaped punishment for tor or contempt of court yester yester- day Judge u c Charles W. W Morse notified the New York attorney for tor Russell RUsel Sago Sage Raphael and others that unless s he obeyed the lie mandate ate of the court h he would be 10 le en severely pun punished Martin was forced oce to appear before Jul e Morse to lo show cause e why he should n act l be punished for or violating the courts court's or order tI of if September 23 2 He lie said sall he lie dl did It r upon the lie advice e ad of his clients In New NewYork NewYork New York and und upon a belief beter that the court COUt had no right to set al aside o the receiver receiver- sh ship I p. p Raphael and others othel's proceeded ed a against the lie Jor Jordan nn Valley road or oi the he branch of thc Die lie Rio Grande ham Western to satisfy a ju Judgment against the lie property Upon a n showing before Jud Judge e Morse orse the lie sale of the road load was authorized and a receiver appointed Two hours hols later Jud Judge c Morse set t-et et aside aide his order believing that It hud hEld been ma made e upon a u misapprehension of or facts Martin Take FakeN A No X Notice uh I Despite the fact that bat this order was revoked re ro- re coked in the presence of Martin the at attorney attorney nt- nt torney tome employed cd Stephen Colburn to go to Bingham Junction to take actual possession posses posses- sion slon of or tho the road mad I lie Ire Ie also caused causell to be posted at the lie Bingham Junction office oco if of the company the lie order of or the he court a receivership and auth thc lie noice notice no no- ice tice of sale of the road The Tue affidavit setting out these facts acts was A as sl ne signed by Claim Agent Howard of or orthe he the Rio Grande Western When the Hie matter was put up to him Attorney Martin said he lie had lied acted acte upon nh advices ies from rom New ew York This was his hs main excuse for violating the courts court's order I hInd 11 Certified Martin secured a n COI copy of oC t Iho lie original order establishing a receivership for tor the tho and anti mailed maid It to New York Another copy CON he hue caused to lo be he published In n a n Salt Lal Lake e paper ller under the thc head of Receivers Sale and still another certified COP copy ho he had posted at nt Bingham 3 unction lii C t ion Why did dil you ou act net for Cor the receiver in inan an any capacity in of the COUlS courts court's order asked Judge o Morse I It lt was wa un under er instructions from New Nes ew York I And do o you OU rely upon that hint as ns your our sole excuse No your our honor I have two reasons The other l Is that I believed cd belc the thc court was without power to s set et aside the lie order in the lie mn manner nel In which It U was done lone There seems lo to have been a wilful violation o of the Iho courts court's order sal said JU Judge bC Morse and nn that lust you have wil- wil wl- wl tul fully held hel the tho courts court Irel order r iti in e cOnt nt that l 71 I t tI j thc cur tS tO nt upon IL U Tf Sri f n po positiOn n to com comply pI with the courts court's order in every even minute particular I will wi not riot punish you ou for or contempt but If you OU are arc so placed that you yea Oll are ale unable to net act under the order the court is dl disposed posed to inflict severe pu punishment upon you yi repulse Promise Attorney Martin promised to do all al ho lie ho could to see sec that the courts court's courts order was I respected The court then lien made the following following following fol fol- fol- fol lowing order mer The courts court's order is that Unit you and your and every person connected with wih this transaction desist from pro plO ln In an any way under the order of or orthis this court which has been vacated set aside and declared void that you ou cease ceale to lo have o posted the of or receivers receiver's sale that lint you ou communicate with all an partes parties parties par par- ties tes In the East connected with this affair affair af af- af- af fair Call notifying them that the order appointing appointing appointing ap ap- ap- ap pointing a n receiver and providing for the receivers receiver's sale has been set aside J Judge ude Morse then granted Martin CO 0 days ays in wl which leh to file te a bill bt of or exceptions Xo No 0 r Receiver for fur Hond During the course of or the hearing Judge Morse stated emphatically that there Is no receiver for the Bingham branch of or the he Rio Gran Grande o Western rn and the order for Cor the thc sale of the road rond 1 by the re receiver receiver re- re celver appointed has in every ever particular been a vacated set aside and d declared null nulland nulland nul and void voil This also alo applies to the appointment appointment ap ap- ap- ap of tho the receiver Evidence In the contempt hearing was offered b by iy various court officials and others showing that thai Martin had openly violated the tho order of ot Jud Judge e Morse Gideon A. A Gibbs clerk cerk of or Judge Morses Morse's court t testified that was in court when the ord order l was made mude nn and revoked Attorneys At- At Allison Alson and arid Van Cot Colt Cot for fur the Rio Granule Grande Western Sll said that they had served notice upon Martin to produce tho lie application for or a writ wilt of or mandate presented lre pre iwo seated b by him to the lie Supreme court Martin Martin Mar Mar- ar- ar tin tn replied he hue ha had made no such application I CI Clerk Hare Harry Griffith of oC the te Supreme court testified that thai he lie had hind seen an application appl- appl cation and had lund taken Martins Martin's acknowledgment acknowledgment and saw that the paper was taken talen into the jU judges judge's et chambers Chief Justice McCarty said that thal Martin and Martn G. G W. W Bartch Barchi former Supreme judge applied ap ap- plied to lo him for tor a writ of or mandate to compel Jud Judge 1 Morse More to show how cause why hy certain entries on the court record should not be bc stricken out out Chief Justice McCarly McCarty Mc- Mc Ie- Ie Carly Carty sent them to Justice flue Tho applicants were ivere wele advised l to seek their heir remedy before Morse Rio Grande Western ester officials an and a agents testified as to lo the lie posting of or the notices notice and Stephen D. D Colburn testified that thai he lie went to Bingham Junction with wih Mr Marlain Mar Mar- 11 tam lain December 21 1 I acted as receiver agent arent nn and took actual possession of or the tho branch line Unc 1 He hid told all al the he oHle officers of lie Iho road lint thal he lie was in possession and rodo rode on every train The outcome of or It II nil all ni is that there la is 11 still tn flu no nn receiver of the thc branch line lne of or orthe the lie Rio Grande Western and that the attorney for Cor Sa Sage o Raphael and others narrowly escaped j a Jail jaI sentence or heavy fine |