Show THE DEMURRER the bear river canal case partially decided ARGUMENTS FOB TODAY udee zano occupied the bench and listened to able talks from attorneys in the case garland Is protected another hearing has been had in the bear kivch canal caso and the result was somewhat of a surprise to the plaintiff william garland the demurrer of the defendants having been sustained this morning still another bearing will take place this time upon the application of garland for a receiver for all property formerly or now belonging to the canal company and also for the off den city waterworks water works chief justice zano ot salt lake occupied the bench of tho fourth district court yesterday in the absence of judge miner and will also hold court today the canal case will be called immediately upon the opening of court when court opened yesterday morning the court room was well filled with parties interested in the great suit attorneys of the bar and spectators the matter was called up on the demurrer filed by the defendant companies and the hearing occupied the entire day tl judge not rendering bis decision until almost time for adjournment garland was represented by attorney ladd of kansas city and judge maginas Magin ms while as of old beardsley and evans appeared for the defendants arguments were made by all of the able gentlemen named the entire ground governed by the complaint being thoroughly gone over authorities almost without number were cited and a number of important exhibits were presented in accordance with the order of the court made some time ago the books of the canal company the jarvis conklin mortgage trust company and the salt lake land and irrigation company were all on hand where they could havo been introduced in evidence or examined in case the court saw fit to enter into the case in all of its details the hearing was confined however to arguments and the books were not needed they may be put in evidence today just before 4 the case was submitted and the court took ft short recess for the purpose of examining the exhibits in the case and the authorities cited upon reconvening judge zane reviewed the caso somewhat as set out in the complaint and ruled that the plaintiffs interests were amply protected according to the showing made and therefore the demurrer would bo sustained this left the restraining order issued last month for the purpose of preventing the salt lake land irrigation company tho last purchaser of the canal system from in any manner disposing of or encumbering the property pending a final settlement of the case still in force and also left undecided the petition for a receiver for the entire property and alie waterworks system As the defendants did not care to nove for the vacating or setting aside of the restraining order alie matter was dropped as to that and after a consultation on the part of the attorneys for garland it was decided to take up alie receiver matter this morning at 10 the public is undoubtedly familiar with the great case in nearly all of its details and known of the fact that the canal system lias been sold twice once under the foreclosure of the deed of trust held by the jarvis conklin mortgage trust company and a few days later to alie salt lake land irrigation company both sales being subject to all judgments or liens held by garland or which might bo subsequently awarded to him by reason of decisions in pending litigation on june ath the amended complaint tho demurrer to which lias just been sustained was filed the instrument sets out that alie recent sales of the property to walker and the salt land irrigation company were fraudulent and illegal and the result of a con on the part of the jarvis conklin mortgage trust company people alio hoped by tins means to obtain possession of the property for their own use george L walker the complaint allege is a clerk in the employ of the jarvis conklin people at their office in topeka kansas and totally unable to pay the price named in the sale or any price for the canal system it is claimed that he was simply used as figure head and that in reality alio was made by alie trustee and the party which made the sile under tho foreclosure of alie deed ot trust alie jarvis conklin mortgage gage trust company the history of the case in its entirety is reviewed and the allegation is again made that in the construction of the ogden water works system the company used part of alie money raised by tho sale of the original issue of bonds and that this is the reason there is not anoush money to pay off all the of the canal the plaintiff asked that there bo a marshaling of liens and that he be declared to have an equitable lien upon the water works system and that a receiver be appointed to take charge of the entire property including the lands deeded by alie company to jarvis and conklin all property held by alio canal company and the ogden water works REGULAR COURT RECORD grand jury will make no report this week bat few cases received attention in the district court yesterday in addition to alie bear aliver canal case contrary to all expectations alie grand jury had no report to make and district attorney judd ie authority for the statement that none will be forthcoming until monday at alio earliest it is very probable that judge zano will come up on for tho purpose of hearing the report which will oe a resume of the entire labors of the jury and discharging that body the hill case was before the jury yesterday as were also several other cases the final outcome of some of which promise to bo somewhat though just what they anro is of coliee unknown the city council cases may be among them the jury is doing good hard work and will inako a splendid showing in its final report judge zane referred the case of elijah johns ve charles johns to 0 IV hunsaker for tull reference to take testimony and report several small judgments were also entered the inter land and town company commenced suit against A 0 fifik of denver to have set aside a judgment of awarded in 1890 by default to fisk who was then and still is president and a director ef the plaintiff company the complaint charge s fraud on tho part of fisk who for private reasons is said to have the interests of the company by reason of actions as president thereof |