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The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, June 11, 1895, Image 3

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85058130/1895-06-11/ed-1/seq-3/

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4 fW M a I r r
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THE SALT LAKE HERALD TIl1 DAY JUNE 11 1895 q 3 I
l RECEIVERSHIP CASE
How aadge Merritts Decision
Was Received Yesterday
WILL THE TRUST CO ACCEPT
MANY PEOPLE BELIEVE 11 WILL
NOT
S
j
tIey L Williams Expresses His
Vieivs General Manager Dickin
son IHsousscs the Situation An
Interview With Supt Bancroft
How the Tobljers Feel
I
Tho storm center in the receivership
matter is now ir New York city The
whole case rests with the executive com
mittee of the American Loan Trust
S company which has been already notified
of the decision of Chief Justice Merritt
and to consult with which Mr Storey is
Rlrealy rushing east as fast as the I
t airs can carry him Before the meeting
of the district court on next Saturday it
s probable that a decision will have been I
arm d at and the people here will know
uhctlipr the Trust company will accept i
t e jont receivership or will throw over I
t o uolo matter and leave it to the I
t our to < termine what step next shall
bA takn I
Pjtn Mr Kellogg the St Paul attor
IK y and Mr Egan left last evening for
the east Under the circumstances they
Mere reticent a the matter rests entire
h with the executive committee and they
did ivjM < t < sh e to say anything which I
ir ght fe construed as a piqued expres i
sion over the outcome of the case 1
Mr Kellogg would say was that the
Tiust company could not accept Mr I
Lamrofi or any other Vnion Pacific man
u 10 1 might be named by tho court and
that it was more than probable that the I
matter would not end yet but that some
inher action will be taken I is pos I
sible that it may oe decided to foreclose
le eita r I
H 1 ronipel an early sale of the road
V hen the decision of the court was an
r i jned yesterday morning it spread
1 kA wildfire all over the city and was the
t jpi ot conversation everywhere about
Vic cTy The Union Pacific men were of
courft satisfied They had had reasons
iS ha I diso the public for anticipating
nat thf recision might be otherwise I
Expressions of opinion on the street in
amost all quarter was at rtrst general I
ly unfavorable to the decision and talk I
of < a I ass meeting to protest against it
was quite free However this simmered I
down dring the afternoon and before I
< iIng a more satislied feeling prevailed
as he stand taken by Mr Bancroft be
came generally known
Parley L Williams Views
P L Williams attorney here for the
nioii Pacific said after the decision had I I
bffn rendered I seems to me that the I
reposition of the Trust company con
Una a great deal of blurt and bluster I I
< am i hero nn < l aske that a receiver of i
its own be appointed and objected ht I
Cause we asked for the appointment of an
oiMitional receiver in whom we have con
f i wire It was heir scheme to take part I
of U I rOad and leave some of the south
ern parts to be operated as best they
could be I cannot help feeling that this
vuld have been against the interest of
t cnnth tc nf th tlrlnr The t
i jrt derided against them on this point
and is it not proper that a receiver
should i appointed in whom the court
has confidence Sr Iancroit Is no mote
j ttcrpsted in the uad than any other
eiTiplovee and when he severs his connec
i nn nun < t he has his reputation as a
ral oad man to care for
I would not be at all surprised if the
Trust company makes the appointment
of Mr Bancroft a pretext for letting the
nhcle road go I do not believe it can
raisf the money to pay interest on the
r < PAPrs certificates it designs to issue
fls ho dcision on that point has already
hen aqiled from Juages Gilbert and
Panbornlfc
fanhot
A swjgy many of he business men had
Kir < fears allayed by the argument that
i is aitrays within the province of the
c iurt TO change the personnel of the re
ceivership and that it would be very
easy for Mr Egan if he found Mr Ban
c ft was not working for the best inter
csts of the road to make that represent
ation to the court and have a change
made
hOW TiE JOBBERS FEEL
Satisfied i Mr Bancroft Liven Up to
His Promises
It was the general feeling on Saturday
that a coreceiver would be appointed
uith Mr Egan and the only question
a as to the person who would be
chosen Members of the Jobbers assocht
itton hoped that i woul be ome business
man not connected in any way with a
irulrosi but Mr Uarcroffs frank state
ment went a long way toward reassuring
then
SfTe feel said a prominent member of I
tv > Association to a Herald man that
iv e have been discriminated against In the
matter of rates AVe cannot extend our
trade north south lat or west as we
oouil if justice were done us and we
hoped that relief might come to us out
of the litigation We want to make Salt
Lake a jobbing center as it should be
and shall succeed i > vc are fairly dealt
with by the railroads Now if Mr Ban
croft lives up to the statements he has
made I believe he will give satisfaction
He is aI first class railrcad man has made
a splendid record and is thoroughly fa
jniliar with the needs of the country in
SB nhlfh he will operate The Jobbers is
bociatloii has for some time been working
3 iiae on freight something mtes and to report in a short time will
t PALIC nTH UR BANCROFT I
I
He Will Sever All Connection With
the Villon Paeiiic I
l sorts of rumors were set afloat
yesteJJgy as soon as the nature of I
Judb Mr lIerritts decision was known
The principal point urged against the
decision was that Mr Bancroft being
a Union Pacific man and a candi
date of that road for the position of
coreceiver would continue to be a
Union Pacific man after taking charge
of the segregated system Some said
that the shippers were unanimously II
disappointed over the decision and
some even went so far as to suggest
r that a meeting be called But after
the subject had been considered and
i was learned that Mr Bancroft I
would ever al connection with the I
L mon acme upon laKing ills new
position the sentiment began to
change
Mr Bancroft held a sort of reception
all the afternoon His friends drop
ped in to congratulate him railway
men called to talk business and ship
pers visited him to learn the exact
status of affairs and learn what his
attitude was
A Herald reporter found the super
intendent late in the afternoon and
was cordially received
Are you prepared to go in as re
ceiver in case the arrangement is
satisf tctory asked the reporter
Yes replied Mr Bancroft and
when I go in with Mr Egan as co
receiver I shall of course sever my
connection with the Union Pacific
Th 1 step will be taken just as soon
as Ie Trust company signifies its
j t ion of accepting the order of
What court you to say as to the I
talk that although receiver for the
se egated roads you will still lean
towards the Union Pacific j I
I there is any such talk I is 1 I
nonsense I have resided in Utah
fourteen years All my interests are
here and I expect to live here the
rest of my life for I is my home
When I go with the Oregon Short
LIne and Utah Northern my whole I
effort will be to build up the country
take care of the interests of the peo
pe along the line of the system and
do all I can to enhance its value and
earn every dollar possible for the
road Simply because I happen to be
connected with the Union Pacific to
day does not signify that I will have
any interest in that road except as a
competitor after that connection is
seer I was with the Rio Grande I
ct r some yea and after
2L
leaving that road and going with the I
I Union Pacific no one could say that
I was a Rio Grande man I have been
loyal to the road and worked hard for
I it but it would have been just as
reasonable to have said that of me
then as to say now if I go with the
I new system that I will be a Union
Pacific man J
EDWARD DICKINSON TALKS I
The Union Pacifles General Manager
is Pleased
Omaha June 10It was a foregone
conclusion that the Short Line and
Utah Northern would be placed under
the control of a separate receiver the
only hope of the interests antagonistic
to the American Loan and Trust com
pany being to secure a coreceiver who
would be fair to the Union Pacific
which has now been accomplished by
the appoirment of W H Bancroft
superintendent of the Mountain divis
ion of the Union Pacific
General Manager Dickinson was elat I
ed over the appointment of Mr Ban
croft whom he regards as the one
man to direct the interests of the
i separated property
Dont Belive Egan Will celt
But I do not believe Mr Egan will
accept the terms of the transfer em
bodying as it does the Utah South
ern a property which has not paid
expenses Our people feel satisfied with
the terms of the order as made by
Judge Merritt and if it is accepted by
the American Loan and Trust com
pany it must be done at great cost
to that corporation The American
Loan and Trust company through its
attorneys has fought the coreceiver
ship idea from the beginning and this
coupled with the interest feature of the
order which is along the lines out
lined by the attorneys for the first
mortgage interests the receivers 01
the Union Pacific and Oregon Short
Line will probably prove too much of
a load for the receivers to carry
Will Not Affect U P Forces Much
Should Mr Egan accept it will not
affoct the forces at Union Pacific head
quarters to the extent of more than
thirty men and as for our mechani
cal forces they are reduced to a mini
mum It has been my idea however
all the way through if two receivers
were accredited to the property and
the contentions of the attorneys for
the first mortgage and other Inter
est followed that the successor re
ceiver could not consistently take the
property
Ogden the Key to the Situation
Mr Egan may now operate the
properties in the eighth and ninth cir
cuits but I can hardly believe this as
Ogden is the key to the situation and
it would leave Mr Egan the ends of
the lines to operate while the great
middle would be operated by the pres
ent receivers for I take it that Mr
Bancroft would refuse to take the
road if his senior should object to the
order
There is considerable satisfaction ex
pressed about the headquarters when
the terms of the order became known
for the majority of the heads of de
partments felt that Mr Egan would
not take the Short Line loaded down
with nonpaying divisions as in the
case of the Utah Southern and Utah
Southern Extension
I I IN RAILWAY CIRCLES
I COL TRUMBO TALKS OF THE SAN
JOAdlIN VALLEY PROJECT
It Will Be an Important Factor In
Solving the Problem of a Com
peting Line to the Coast General
I Notes
I
Colonel Isaac Trumbo who returned
from San Francisco yesterday brings
cheering news concerning the San Joa
quin ValK road project which in the
minds of those who have watched the
trend of recent events will offer a solu
tion of the Troblera of providing a com I
peting line from Salt Lake to the coast I
11 The many obstacles that the promoters
J of the enterprise met with have been I
i gradually overcome terminals have been
i secured Stockton and next the Saturday first rails will be laid at I
I The San Joaquin Vctlley said Colonel
I Trumbo yesterday is nov in shape to
I offer terminal arrangements to any road
that will build across and meet it As a I
I resident of Utah and ole interested in its I
development I hope that the aid this
I road will be to us in building through to I
I have
the coast will nut be neglected
just arrived and have not had time tt > I
I give the subject attention yet but will
gve
have some information later on I
HEARING CLOSED I
Foreclosure Suit of the Farmerz
Loan t Trust Company
I Omaha Neb June 10The hearing
I which has been going on before Special
I Master in Chancery L L McArthur of
the Ninth circuit court under the fore
closure suit brought by the Farmers
Loan Trust company trustee under
the consolidated mortgage of the Oregon
Railway Navigation company against
the receivers of the Union Pacific and
others pertaining to the settlement of
accounts of the former receivers of the I
Oregon Railway Navigation company
S H H Clark and others and the pres
ent receiver E McNeil was finished to
day C E S Vootl was present last
week and represented Major McNeill Jo
seph Simon of Portland of the law firm
of Dolph Mallory Simon was the rep
resentative of the Farmers Loan
Trust company while Judge Kelly looked
after the Union Pacific interests Special
Master McArthur took the matter under
advisement in view of the fact that there I
is a great deal of expert testimony to
be milled over Judge Kelly and Judge
McArthur left this evening for S1 Paul I
where they have certain matters to pre
sent to Jud0c junborn of the Eighth cir
cuit
1
A Condition Aot a Contract I
San Francisco June 10In the
United States court today exJudge
John Garber concluded his rgume t
in favor of the demurrer of Mrs Stan
ford against the suit of the govern
ment to recover 515000000 from the
o tnt < of the uu late Senator Leland I
n
Stanford He contended that under
the acts of 1862 and 1SG4 there was no
provision that the stockholders of
the Central Pacific should be person
ally liable for the payment of the
United States bonds That those
I bonds should be paid he contended
was only a condition of the bill Jt
I was not a contract only a condition
A decision is expected in about a
I fortnight
I
Railway Notes
The opening ball at Saltair occurs to
night
Judge Cornish mast r in chancery for
the Union Pacific main line is in town
I General Solicitor Thurston of the Union
Pacific left last evening for Idaho where
I he will spend a lew days fishing
I The boys at Union Pacific headquarters
were especially elated yesterday but all
seemed to be relieved that the fight was
over
Mr C S Prow l formerly superin
tendent of the Cascade division of the
Northern Pacific has been appointed
roadmaster or the Spokane Palonse
branch of the same road
Colonel Clayton was called to Coalvlle
on business yesterday and the meeting of
the directbrs of the Saltair Beach com
pany whIch was to have been held for
the purpose of electing officers was post
poned
i CANAL LABORERS TROUBLESOME
I New York June 10A special to the
World from Colon Colombia says The
canal laborers at Celebra Hill massed in
a threatening manner but the troops dis
persed them
WORN OUT WITH PAINS
U Aches and weaknesses but still
compelledtolaboron Toallsuch
sufferers CnUcura < AntiPain
Plaster is a priceless blessing
IN THE SUPREME COURT
The Usual Three Cases Vere
Argued Yesterday
GRAVE YARD LITIGATION
APPEAL FROM HEAVY DAMAGES I
FOR EXHUMING A CORPSE
I
A BullionBeck Damage Suit on Ap I
peal Bar Examining Committee
Appointed Suit Against the Unit I
eil States Marshal Restraining I
Order in the Tufts Case Robert
Westcott Arraigned I
The supreme court convened yes
terday morning at 10 oclock with Chief
Justice Merrit tand Associate Justices
Bartch and King on the bench The
first case argued was that or D I P
Tarpey vs John Shap et ai execu
tors of the will of John Sharp de
ceased appellants Attorney Parley
L Williams appeared for the appel
lants and Attorney Rogers of tgden
for the respondent I
The original complaint was filed in I I
the Fourth district court on DecEm I
ber 29 1892 The case was tiiccJ be i
fore Judge Smith on October 23 1S94
and a judgment and verdict rendered
for the plaintiff for 237250 and costs
2655
The plaintiff alleged that he was
damaged in the sum of 5UJO by rea
son of the loss of the use and occupa
tion of certain premises described as
fractional section 9 township 1 north
of range 9 west Salt Lake meridian
containing 240 acres at Monument
Point near the north end of Salt Lake
He alleged that he was deprived of
the occupation of said land by the
Deseret Salt company from March 10
13SS to July 1 1892 Ttrpey brought
an action in ejectment against the
salt company and recovered a verdict
from which an appeal was taken and
judgment of affirmance rendered
I From that judgment the case was
taken by writ of error to the supreme
court of the United States and that
court affirmed the judgment in favor
of Tarpey
Upon suing out the writ of error
a supersedeas bond was given by the
Deseret Salt company with John
Sharp now deceased and Geo Y
Wallace as sureties thereon under
which the respondent was kept out
of the possession of his premises dur
ing the period named and the action
dur
was brought to recover damages
ing the time he was so kept out of
possession by virtue of the writ of
error and supersedeas bond
Their honors took the case under
advisement
Church Yard Litigation
The next case was Frank L Thlr
kield vs the Mountain View Cemetery
association appellant from the Fourth
district court
Judge H L R Rhodes made the
arguments for the appellant and At
torney H H Henderson for the re
spondent
The case briefly stated is that on
November 26 1892 the plaintiff was
the ownei in possession of a lot in
the Mountain View cemetery at Og
den used by him as a burial place
for his family and at that time con
tained the remains of his child Louis
I Alfred Thirkield The defendant re
moved the remains of the child from
the grave and interred it in another
spot in close proximity to the original
grave and interred the body of another
person in the childs grave
I was alleged by plaintiff that by
reason of the aforesaid action he was
greatly distressed in mind and body I
and he demanded 75 the value of the
childs casket and grave clothes and I
10000 damages I
The defendants answering stated I
that the lot in question was sold to I
James X Kimball of Ogden in the
year 1S87 and by mistake afterwards I
they sold the same lot to this plain
tiff On Nov 26 Mrs Kimball mother
tff I
of J N Kimball died and the defend
ant association prepared a grave in
the lot in question and while doing so
removed the body of the child with the
utmost care and reinterred it about
sixteen feet from its original resting
place
The jury in the lower court found a
verdict for the plaintiff assessing his
damages at 1150 from which the
present appeal was taken on the
ground of errors in the charge to the
jury and that the verdict was the
result of such cause aided by passion
and prejudice on the part of the jury
The case was argued and submitted
A Damage CaMe
The last case for the day was that
of Philip T Cooke against the Bullion
Beck and Champion Mining company
appellants Attorney N A Robertson
appeared for the respondents and
Rawlins Critchlow for the appellant
The plaintiff recovered a judgment in
the First district court for 3000 dam
ages for personal injuries sustained
by plaintiff while in the employ of
the defendant company Cooke was
working in the Eureka Hill mine and
fell through a board walk across the
Daisy stope falling thirtysix feet
breaking one of his legs and other
wise bruising and hurting himself
The defendants appealed on the
ground that the accident was not
caused by any negligence of theirs and
if it was the plaintiff had been guilty
of contributory negligence The case
was argued and submitted
Placed on the Calendar
The case of Joseph Goddard appel
lant vs Elias H Parsons et aI ap
peal from the Third district court
was yesterday placed on the supreme
court calendar for this < term
I
I Bar Admissions
On motion of P L fWilliams William
liam H Bramel of Wyoming and on
I motion of W H Dickson Frank R
McNamee of Nevada were admitted
to practice at the bar for the supreme
I court I
Examining Committee I
The supreme court yesterday appointed
I
pointed Messrs W H Dickson H P
Henderson and Waldemar Van Cottas
as a committee to examine applicants
I for admission to the bar of the terri
torial supreme court
I I
The Marshal Sued
Gertrude Castagno has begun suit
in the Third district court against
Nat M Brigham United States mar
shal for the recovery of twentyfive
head of cattle and eight calves and
their Increase alleged to have been
wrongfully seized by the defendant
in December 1894 or in case delivery
cannot be had plaintiff demands 900
their value and 100 damages
Restraining Order Went
In the matter of the application of
Mrs Jennie Tufts for a restraining
order preventing the probate court
from appointing another lady who
also claims to be Mrs Tufts as ad
ministratrix of the estate of the lat
Elbridge Tufts exception was taken
by Attorney Arthur Brown to a
form of the petition Attorney
t1e petton AttorneYI
Powers Straup Lippman amend
I and the temporary restraining
order was issued by Judge Bartch
IVestcott Arraigned I
Roped Westcott who was arrested
by the Salt Lake police at Ogden on
a charge of obtaining 50 from J F
Burnell under false pretenses under
circumstances already fully detailed
in The Herald was arraigned before
United States Commissioner Pratt
yesterday morning and entered a
plea of not guilty The date for the
hearing was not set and the bond
was fixed at 200 failing which the
defendant was taken back to jail
Judgments Entered
Susannah Bayliss vs Heber Young
for the plaintiff for 187450
T J Osborne vs Charles E Holt
for the plaintiff for 261250
SECURELY ENTRENCHED
Again disease are those who are pru
dential enough to renew failing energy
by the aid of the grand fortifying
agent Hostetters Stomach Bitters
which promotes a vigorous discharge
of the duties imposed upon the various
organs by nature and which if im
peded or relaxed speedily bring about
their disorder Digestion assimilation
a due secretion and direction of the
bile and a regular habit of body are
Insured by the systematic use of this
safe prompt and thorough medicine
Chills and fever bilious remittent
dumb and cake kidney
ague ague com
plaints sick headache nervousness
and other inorganic maladies are re
moved by it I promotes a relish for
the food as well as the ability to digest
and assimilate it The infirmities of
declining years are mitigated by i A
wineglassful before retiring promotes
health yielding repose
ARRESTED FOR ASSAULT
John Doe Forbes Huns Amuck in n
Clothing House
John Doe Forbes is a small man with
a straw hat and a dirty shirt John was
arrested last night on the charge of as
sault and battery preferred by one of the
salesmen in Conhaims clothing parlors
It appears from the story told by John
that he made a agreement to purchase
a suit on the installment plan and in
pursuance of that policy he says he has
religiously planted his cash with the
firm from week to week until he got
enough to get the garb he yearned for
Yesterday he declares that he called and
the clerk tried to palm off a suit on him
that he did not want and he resented it
The story told by the clothing man is
different He says that John Doe Forbes
wanted a suit costing a great deal more I
than his deposit called for and when this
was denie him he grew violent and at
tempted to put out every one in sight
John will be heard today
John Doe was arrested lan night on
the charge of a violation ot the wheel
ordinance and planted 2 for his appear
George Thomas was arrested for dis
turbing the peace in the neighborhood of
the old Iowa stable west of the Valley
House I is said that George had on a
jag and was whooping it up hard when
taken in
Fred Leach and Louis Carter were ar
rested for trespassing They are two
men who are touring the country on a
wager They have each bet a hat that
they can ride from New York to San
Francisco and eat three meals a day
without spending a cent
PETITION FOR A PARDON
FRIENDS OF ALLEN MURDOCK
WILL TRY TO GET HIM OCT
A Witness AVho Was Doslreil
at the Trial in 1S01 Turns IJp arid
Makes aji AJHilavit The Matter
Laid Before the Governor and
More Facts Will Be Presented j
Citizens of Maiitl and Eleven of
the Jurors Who Convicted Ask
That the Sentence Be Suspended
and Murdock Released
Assistant County Attorney Harrington
yesterday fed with Governor West a pe
tition asking the executive to grant a
pardon t Allen Murdock iyho is serving
out a life sentence in theTJtah peniten
tiary for a murder committed in or near
Manti in 1S91
Murdock is a half breed India and is
said to be a very bright man with a
marked degree of intellectuality He is
only 26 years of ago and his friends I
think that if a pardon is to oo granted I
it should be while he is young enough to I
enjoy the benefits
On the trial of the case which was j I I
had before Justice Blackburn tho ac
cused man contended that he committed
the deed in self defense and claimed also i
that a woman who was n material wit
ness in his favor had been spirited away
presumably by those who desired his con
viction Such proves to be the case if
there is any truth in a lot of affidavits
which will be filed with the governor
today I will be shown that the woman
has been found after all these years and
a statement will be submitted of her
knowledge in the case and the circum
stances prior to and at the time of the i
killing i
In addition to this and other state
ments of fact there will be presented a I
petition signed by SO citizens of Manti
eleven of the jurors at the trial and an
affidavit from the clerk of the court of
the late Judge Blackburn which contains
an assertion to the effect that he before
his death expressed a willingness to sign
a petition for a pardon
The whole affair promises to develop
some very startling facts and when the
papers aro released by the governor the
proceedings will be read with a great
deal of interest
TAR AND TARTAR
Itzels Comic Opera Presented at the
Grand Last Night
Adam Itzels comic opera in three
acts Tar and Tartar was attended
last evening by one of the lur
Monday night audiences that the
Grand Opera house has yet held The
real charm of an operatic production
nowadays does not altogether consist I
in the dramatic merit of the dialogue I
or the originality of its music but in a
great measure in its surroundings Its
success is largely due to brilliant cos
tumes lavish scenic effect and a gen
erous showing of natures handiwork
In a modern operatic production the
astute manager needs but to have
twenty or thirty fair maidens clothed
in pink tights and not unlike a
centipede with its hundred legs they
will walk on to success
Tar and Tartar possesses in a
great degree these necessary equip
ments for the making up of a success
ful comic opera In fact it may be
said that this latest effort of the Pyke
Opera company is by far the most per
fect and certainly the most elaborate
production they have yet attempted
Our little prima donna Louise Man
fred Pyke who took the part of Fa
rina a professional beauty and who
although succeeding in shining
brightly was not the star of this
production This distiction was al
lowed to rest in the capable hands of
Helen Salinger who essayed the role
of Alpala a Tartar princess In de
picting woman and a wife with a de
cidedly tropical warmth of temper
Miss Salinger was a great success I
Her costumes were elegant her form
matchless and if only her voice were
a little less strident she would be a
valuable acquisition to any company
In roles that require a more than
usual vacuity of countenance Al
Leech Is strictly in it His face Is his
fortune The part of Muley Hassen
the shipwrecked tar and successor to
the sultans throne allows 11 Leech
full opportunity to let out all the In
nate humor that Is pent up in him
Wlnfiold Blake hrs a good part In
that of Cardimaw the Bedouin chef
and he makes the most of i His
makeup was the most realistic and
thoroughly picturesque of all thr
The minor parts were all creditably
filled ard Miro Del La Motta and
Daisy Thorne never will be missed
Everything was excellently man
nr d No slips or halts and not one
tiresome wait
Tar and Tartar runs for the rest
of the week at the Grand opera house
DrPrices Cream Baking Powder
Worlds Fair Highest Medri aad Dfrlema
f
CATHERINE OPERATING
Hitchener Brothers Have Pur
chased and Opened I
CAVES TO BE REMEDIED
MISSOULA PLACERS GIVE PROMISE
OF SOME GOOD RETURNS
Water Being Well Controlled and
Used in Two Large Giants Heber
J Grant Has Returned From Ore
gon Where He Has Become In
terested in Placer Mines Which
Give Good Indications This Will
Be Pay Day at the Mercnr Gen
eral Mining News
After an idleness for several years
operations have been resumed in the
well known Catherine mine in the
Stockton district which was recently
purchased by J P Mitchner and C E
Mitchner and it is proposed by the
owners of the property to place it on
a shipping and paying basis again
Owing to some serious caved in the
old workngs it will be in the neighbor
hood of two months yet before the ex
traction of ore can commence
J P Mitchner came in from Stock
ton yesterday evening and registered
at the Cullen To a Herald reporter he
stated that the outlook for the Cath
erine is very bright and there is no
doubt but that the property will be
placed upon a paying basis in the very
near future The Honorlne mill is
operating smoothly as is also the case
with the OphirHill The gentleman
seems to think considerable of the new
strikes north of Grantsville and holds
to the opinion that the interested par
ties will yet uncover the true vein He
is certain that the owners of the Hum I
bug will make that claim a splendid
producer in time
PROMISING PLACER GROUND
John A GrocsliecU Tells of the Op
erations on Quartz Creek
I General Manager John A Groesbeck
of the Missoula Placer Mining com
pany which is operating some exten
I sive placer country on Quartz creek
I in the vicinity of Missoula Montana
1 is home again and reports that the
operations of the company are now in
full swing and it is anticipated with
no small degree of confidence that the
cleanups will be of the best
i yet se
cured by the company Two great hy
draulics are now in continuous opera
tion and it is expected that bedrock
will be reached by the first days of
July when the initial cleanup for the
year will be made
The properties of 11 Groesbecks
company consist of several hundred
acres of placer lands in the canyon In
order to properly equip them for the
extensive operations which are now
on the company went up the canyon
and brought down two lines of canals
and these latter are furnishing the
power and water for the sluicing Mr
Groesbeck says operations are not less
than three months ahead of what they
were last year and he expects to strike
bedrock by the first of July sure
WORKING OREGON PLACERS
Extensive Operation Being Inaug
urated By Grant Brothers
Hon Heber J Grant returned yes I
terday morning from a visit to the
placer grounds in which he and his
brother B F are Interested in the
vicinity of Granite southwest of
Baker City Ore air Grant could give
no definite Information as to the re
sults of the investments in that sec
tion His brother has been very busy
enlarging a ditch for some four miles
and also constructing a reservoir The
reservoir would be completed the day
Mr H J Grant left Granite and wa
ter was turned into the flume the
morning of his departure The Messrs
Grant Bros expect to replace two
small giants with large ones within
the next ten days and the men are
now working night and day on the
pipes for these giants Inasmuch as
the claims purchased by the Grant
Bros have heretofore paid expenses
and a slight profit and have been
worked only in the daytime and with
small hydraulics it is confidently ex
pected that with large giants and
working day and night some good
money will be cleaned up in the fall
at the close of the seasons opera
tions
WILL PAY AT MERCfUR
President Dcrn Going Out With thc
Cheeks For May
President Dern of the Mercur Gold
Mining and Milling company accom
panied by John Heimrich one of the
eastern members of the board of di
rectors George Dern and Thomas
Killeen will leave for the camp this
morning and with him will go the
checks for the payment of the em
ployees of the company for the month
of 1 May This paper represents the
sum of in the neighborhood of 10000
which will be distributed among the
employees of the company
The Mercur company yesterday paid
the amount of the dividend declared
some time ago and thereby distrib
uted the sum of 25000 The gentle
men are going out to the camp for
the purpose of makingxan inspectio
of the properties of thiTompany I
OPERATIONS lUTE CEASED
I
Development of Mica Deposits Wits
Not Satisfactory
For the reason that the operations
have not been satisfactory the Salt
Lake people who were interested in
the mica claims in Cedar basin south
of St George Messrs Leonard Hall
and Lippman have sent word to the
properties that it is needless for the
work of development to be carried on
longer and it is anticipated that the
men will knock off work at once
These claims were bonded by the gen
tlemen named in the sum of 18000
from the owner Daniel Bonelli and
the indications for the opening up of
a large body of the mica were very
promising but it was found after sev
eral months of development work that
the deposits were in such position that
the shooting away of the quartz in
which they were found broke up the
mica and rendered I unfit for com
mercial purposes All manner of ex
periments were tried but they were
all in vqin and In consequence the
working of the properties has been
given up for the present at least
Operating Six Stacks
There are now six stacks operating
at the smelters in the valley the Han
auer having just blown In a second to
be used in the treatment of matte Of
these six the Germania has three the
Hanauer two and the Pennsylvania
one I the present heavy shipments
of ore continue it Is more than likely
that other stacks will be placed in
blast
Fair progress Is being made with the
placing of the roasting furnaces at
the Germania and the Pennsylvania
and they should be doing work within
the next thirty days
Pay Ore In the Rover
Success etf tw splendid nature is at
tending the development work of A M
Spooner on the Rover at Mercur pay i
ore having been encountered in the
shaft at a depth of but twelve feet
Samples of the ore were sent in from I
the camp yesterday and assayed by 1
Professor Korty giving returns of 565
in gold Considering the slight depth
this is looked upon as splendid gold 1
content and it is very evident that
with development some fine ore bodies
will tie opened up I is the intention
of 11 Spooner to push the work on
ble the property with all the speed possi
Spanish Mill Running
Operations at the Old Spanish mill
have now been resumed and it is an
ticipated that the work will be con
tinuous Several of the properties of
Bingham in addition to the Spanish
are to contribute to the ore supply of
the plant For some time past exten
sive changes and repairs have been
under way at the mill and it Is now
in splendid shape for a good long run
It Is to make use of the cyanide pro
cess for the treatment of gold and
silver ores
Another Bingham mill is to resume
operations at once It is the Old Lead
mill and the work will be done under
the personal direction of Superinten
tendent Legg The Rocky Mountain
Bell Telephone company yesterday received
ceived a request to put in telephone
connection between Bingham and the
mill and work on the line which is to
commence today The line of poles is
already in place and all that is neces
sary is to string the wires
Closed Down the FIsk
Messrs Bacon and Bird came in
from Ophir last evening bringing with
them two bars of silver bullion pro
duced at the FIsk mill and valued at
1000 The gentlemen made the an
nouncement that these would prob
ably be the last of their kind for some
time to come at least
As stated by The Herald was the
case the mill on the property is now
idle having been closed down at the
end of the run just made I is stated
that the developed ore bodies in the
Chloride Point which was contributing
the tonnage for the plant have given
out and in order that the property
may be again made to produce it is
proposed to continue the development
good The indications are said to be very
Montreal Showing Well
The continued developments at the
properties of the Montreal Mining and
Smelting company located northwest
of tMilford are showing up some ex
tensive ore bodies and the members
of the company are very well satis
fied with the work being carried on
An order was yesterday placed for a
large lot of ore sacks and the under
standing is that shipments are to com
mence within the next week or ten
days i
White Metal Off
Silver yesterday lost two of its
points closing on the New York mar
ket at 66 cents as compared with
67 cents on Saturday There was no
change in the market price of common
lead which brought the same old
5312
y
More Humbug Ore
The third carload of ore from the
Humbug mine located in the new
Free Coinage district north of Grants
vie was received in this city yester
day and sent to the sampler I was
good grade of ore and will be duplicated
cated by many more carloads during
the season
Ore and Bullion Receipts
McCornick Co yesterday re
ceived silver and lead ores 18200
Hanauer bullion 3950
T R Jones Co received Silver
and lead ores 6700 Germania bul
lion 6100
Commercial National received Sil
ver and lead ores 7900 Fish bullion I
1000 I
Disease Is cured not by magical in
cantations but by medical science
Hence it is that Ayers Sarsaparilla
cures and that I proves so eminently
successful I is a skilfullyprepared
and strictly scientific blood purifier
and tonic the only one admitted at the
Worlds fair
Read Dr Shelmerdines add in the
Evening News before i is too late
The Waist House
Is F Auerbach Bro
SAM GRICE ARRESTED
In Company With Wm BropUy Who
Was Shot at Centcrv tIle
From all indications Sam Grice is at
his old tricks Sam and a companlonwho
says his name is William Brophy were
arrested last night and confined without
any charge being placed against them
Brophy had a shotmark on his arm
The wound was recently made too and
this causes one to wonder at a singular
coincidence
It appears that a young man named
Streper heard a noise In his barn at Cen
treville on Sunday night and taking the
family rifle went out to Investigate Upon
arriving at the shed he saw two men
whom he had good reason to believe were
trying to get away with some of the
portable stuff which was inside
Streper called upon them to halt but
they did not In fact they started to run
Streper took a shot at them and hit one
In the arm He captured him but the
other man got away
The wounded man was turned over to
the sheriff who telephoned the chief of
police here and asked that an officer be
sent up there to identify the man
Later a telephone message was received
at The Herald office announcing that the
man had been turned loose
I Is thought at the station that Brophy
is the man who was shot by Streper
and that Grice accompanied him
A charge will be preferred against iie
men today
Boys Combination Suits
With cap and two pairs of pants to
match in allwool grey cheviot ages
S to 15 warranted regular value 650
for 445
F AUERBACH BRO
Wen Satisfied with
Ayer Hair Vigor I
Nearly forty years ago after
some weeks of sickness my hair I
turned gray I began using Ayers
Hair Vigor and was so well satis
fied with the results that I have I
never tried any other kind of dress
ing I requires only
an occasional application
cation of
AYER
Hair Vigor to keep
4 I my hair of good
color to remove
is 1 dandruff to heal
itching humors and prevent the
hair from falling out I never hesi
tate to recommend Ayers medicines
to my friends ilrs H M HAIGHT
Avoca Nebr
AVERS
Hair Vigor I
repared by Dr J C Ayer S Co Lowell Hass
Take Ayers Sarsaparilla far f the Complexion I
bi
IT IS EGAN ANl
W H BANCROFT
Continued from Page 1
thenceforth and until the further order
of the court hold possession of and op
erate the said railroads and property An
order to this effect will be made for such
surrender and delivery by the said receiv
ers to the live receivers now in posses
sion as provided in and in pursuance oC
the order and decree made and entered
on the 23th day of May 1S95 in the cir
cuit court of the United States In and
for the district of Wyoming by the Hon
orable Walter H Sanborn circuit judge
a copy of which said order is hereto at
tached or upon the filing of a supple
mental bill in the above entitled cause of
Joseph Richardson trustee complain
ant against the Oregon Short Line A =
Utah Northern Railway company and
others defendants and in the above en
tiled cause of James M Ham trustee
complainant against the Oregon Short
Line Utah Northern Railway company
and others defendants and in the above
entitled cause of James M Ham trus
tee complainant against the Oregon
Short Line Utah Utah Northern
Railway company and others defend
ants or in either of them alleging such
default and the presentation of proof
thereof satisfactory to this court upon
notice of fifteen 15 days to the Ameri
can Loan and Trust company of the ap
plication for such order in some one of
the suits last mentioned and each of the
causes above entitled herein Joseph
Richardson trustee and James M Ham
trustee are complainants respectively
are hereby continued and retained in this
court for the purpose of carrying out the
provisions of this order
Present Liabilities
The said John M Egan and W H Ban
croft are appointed receivers herein and
the propert aforesaid is to be transferr
ed to them on the further express condi
tion that tii just and legal claims and
demands against the said five receivers
now in possession of said railways and
property those against the Union Pacific
Railway company and those against the
Oregon Short Line Utah Northern
Railway company shall retain the same
liens upon and equities against the fu
ture earnings of the property and upon
and against the property itself trans 5
ferred to the said receivers after such
transfer that they would have had if no
such transfer had been made and that
they shall so far as they are not paid by
the five receivers be paid by the said re
ceivers herein In the same order and to
the sam extent that they would have
been paid if the five receivers had con
tinued to operate the said railroads and
property and this court expressly re
serves the right to direct the receiver
hereby appointed by this court to payout
of the earnings yet to accrue or out of the
corpus of the property placed in their
hands under this order such of said
claims and demands against them as
shall bo required to discharge any indebt
edness or liability incurred by them and
any claims that have been or may be or
dered to be paid by them and all such
claims and demands are hereby declared
to bo and fixed as a first and prior lien
upon the future earnings and the corpus
of the property superior to all claims
liens and demands against the same
The said receivers Clark Anderson
Mink Coudert and Doane shall collect
and receive all amounts due or owing tr >
them as receivers or to the Oregon Shore
Line Utah Northern Railway company
or to the Union Pacific Railway company
on or prior to June 1 1895 and shall out
of the moneys now in their hands and
the moneys so collected pay the expenses
and liabilities Incurred by them on ant
prior to that date and the debts and
claims that they have been or may bf
authorized to pay by the orders of court
so far as the moneys now in their hands
and the moneys to be collected by them
will pay the same
The receivers herein appointed shall
collect and receive the earnings of said
railroads covered by said consolidated
mortgage which accrue subsequent to
June 1 1S95 they shall pay the expenses
and liabilities for operating said rail
roads which accrue subsequent to that
date and such claims and demands and
such portions of claims and demanda
against the receivership of the prop
erty as the said property may be justly
or equitably liable to pay and in case the
moneys now in the hands of the five re
ceivers and the mone > s to be Collected by
them shall be insufficient to pay the Hist
claims and demands against them equit
ably chargeable to the property to be
transferred under this order then tIm
said receivers herein shall pay the bal
ance of said claims
The Wyoming Division
The said receiver Clark Anderson
Mink Coudert and Doane shall render
their accounts and all of their receiver
ship shall be administered and adjudged
and disposed of in pursuance of the or
der of the said circuit court of the United
States in and for the district of Wyoming
hereto attached and in pursuance of
such other and further orders therein as
the said court may from time to tune
make this court expressly recognlztiS
the primary jurisdiction of the said cir
cuit court in and for the district of Wy
oming to administer tile receivership af
fairs of the said Clark Mink Anderson
Coudert and Doane and their accounting
as in said order of said court provides
And this court reserves to Itself herein
the right to make such further and other
orders and decrees as may bo necessary
to enforce any orders made by the said
circuit court of the United States In ard
for the district of Wyoming touching the
matter in respect to which jurisdiction has
been reserved by the aid circuit court m
the said order
Until the payment by the said Ameri
can Loan and Trust company of the said
several sums hereinbefore stated to the
said five receivers this order Is suspended
and shall not go into effect but on the
payment of the sold several sums and
each of them on or before July 1 IbJo
It shall take effect
The said circuit court of the United
States sitting in and for the district of
Wyoming having in the order a copy of
which is hereto attached directed the
said five receivers to advance toward the
payment of the interest now in arrears
on the prior and underlying first mort
gage bonds of the Oregon Short Line the
sum of 70000 and to advance the fur
ther sum of 310000 to bo applied upon
the past due interest of the prior and
underlying first mortgage of the Utah
Northern Railway company said order
and direction are hereby approved and
adopted by this court and the said five
receivers on receiving from the Ameri
can Loan and Trust company the said
several amounts required to meet all of
the said overdue Interest on the prior and
underlying first mortgages hereinbefore
stated are hereby authorized and directed
to apply such sums so received together
with the sum of 70000 and the sum of
5110000 specified in said order to the pay
ment and satisfaction of the said over
due interest on the said several prior and
underlying first mortgages together with
interest on all past due coupons each of
said sums of money to be applied only to
the payment and satisfaction of the over
due interest on the mortgages for which
payments are hereinbefore directed to be
made by the said American Loan and
Trust company and for which payments
have been directed as aforesaid oy the
said circuit court of the United States In
and for the district of Wyoming
Bond Placed at SHOOOO
Subject to the conditions and reserva
tions above the saiu John M Egan arid
W H Bancroft as receivers of this
court shall have and may exercise m
this jurisdiction similar power and au
thority to that vested in the said John
M Egan under his original appointment
by an order made in the circuit court of
the United States for the district of Ore
gon on the 20th day of March ISOo upon
a bill filed in said court by the Ameri
can Loan and Trust company against the
Oregon Short Line Utah Northern Rail
way company to foreclose the said con
solidated mortgage August 1 1SS9 but
before taking possession of any of the
said railroads and property m this juris
diction each of the said receivers shall
execute and file with the clerk of this
court a bond in the usual form and in
the penal sum of 20000 approved by the
Judge of this court conditioned for the
faithful discharge of thejr and each of
their duties as receivers herein and fur
ther conditioned that they and each of
them will obey the orders of this court
hereto SAMUEL A MERKITT
Judge
NOTICE
The regular monthly meeting of the
Third Precinct Wasatch Democratic
society will be held on Wednesday
evening the 12th instr at 3 p m
Meeting to take place at 128 North
Sixth West street All Democrats in
vited to attend E E RIChPresident
President
T A HOLCOMB
Secretary
Save CO Per Ccat IOn j
On Laces by buying at
t F ATJEKBACS A BfiO a
t

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