Show RECEIVE lt BANC BANCROFT ROrT judge hooter flouter wed c a to appoint a receive r and selects W it fl Buu ancron croil to fill the position roM tiou to lo the ibo third district court y dwter jay ancient morning fig judo judge a as counsel for fortso abo D it 0 western la in their I 1 uit oat again the D A R 0 11 11 flad d tile tho wing counter fifield a ol 01 col D a dodgio w a reply Y 1 11 I 1 1 1 1 1 1 filu monday 1 oo 00 I 1 ibo he argument 1 I 1 0 or f tho he for e or appointment rii gu en t or r a abor for ib abc D A 11 0 West cri COL DODGES AFFIDAVIT DAVIT D 0 V go bald being duly y laworn y I 1 I 1 am one ol 01 the riland afta 1 lo 10 this mc BC lion I 1 have heard rud and dd know tho coQ tai of the affidavit ot of william 8 he mado la abla action dated uil aagaat IQ in which j sea oilier r ili 1 it ii it 01 ol at larih a rh ili taftt it d t 0 lalli I 1 I 1 t ians b I 1 uld I 1 joc k sarv u R or f 1 ilio I U D lt rl 11 G I 1 took M oil control 11 of f abo rol I 1 nock theretofore 1 len and I 1 1 hilt I t bcd in tho the operation of the iho 11 line M 0 of railey 0 of tho a D Ss K 0 to co lo 10 ihal to territory u of ceab 61 tod d abat 1 im bo be la ba atu hilll in a of bald rolling fang stock tub ab jeci only 10 0 tho t temporary aty arrange 0 fah I 1 to meat ent for the use bec thereof in mado d at with mow 0 general manager of iba be D rog R Q IV am thereafter set act forth la in mid ail on july lalli ill lisl and for a time prior relo and ever since that ilic day uld said to ing stock lam hu th and la Is on oa the iho 1 linn I ot railway I lr of the D R 0 W wio in utah fifth to lo tho the D dar R Q r u under a d r the a a tame of ae tease sot set to lorati ili i in ibe flie plead herein and has ha I 1 been m ind and Is used in ope 1 I 1 ald I linci no for the D R 0 sod bad since the commer nellon or of raid laid lice laces of railway I 1 bays bare been continuously managing the ibo 0 permit thereof go under aid d of losee bod ad laid laid rolling stock rock bu bail beta continuously used OD oo 00 said aid be by ople Tom eta plo ed by me al d 1 anang I uld mid rollion lock ud under m tny y dl oas u ucb ua acl g ss L aad ad 0 not o tj to 0 ti fr fir u 1 I know or believe beliera tho the sold ald jackson hu not dot been beco IQ a utah bo be wait vu a ap p 11 atoll rec receiver eer sod X he nor dotur it known aown that he bg bm sent any yeat a ecat or person by him authorized to tall to dentandt or receive said aid a tock ark and no dumaop bm b baua hindu u d a upon mo me and nd I 1 have no DO knowledge knowl edgo ot of aay my d demrod a ID d 0 n my amp employee 11 1 om Us luing 9 loo am to e block or r aay P put of it through pe employed aloyed by mo u lUBaK are rr under al T tha I 1 jima haij bad Us luo continuous undisturbed actual charge rod control or of said aid rolling side lock k the T b statement or I 1 in laid gold affidavit of 0 jackman Jack that the temporary at ar maintained by him was vu madu in with mo u general manager of the iho D 6 R 0 watern is a mistake I 1 had long loan before that time resigned as general manager of the D Aboa R 0 western ve kod and my had lith by be tho 1 ao 10 board at that date I 1 WM not DOI ter nor hao h I 1 at ady time almo DID been beco on na officer of f the D my I 1 R 0 battern col co or hul had or as held stay day mo rsm aenny or authority at of boy apo kadd k ad whatever is tr irsai bid centrally other than tho the joint power of the abo two co ap ca given by article X of tho the wd 1 I d I 1 leaie oily 01 july 1 loth IM at tho the conference which led to tho he lecaer a I 1 Y 11 acl cl forth la in mr fair jac d I 1 were present moot pd led judge R ai ilu W S jackson an and m my y he keif a ae lino had been dl die cc connected by uie the luring up of a por pir aln ot at the ibo trub and by reason of hooda floods in colorado trains could coula not mot have hipfl nm through even if the ibo truck track wu was reaid judge hallett expressed the ad idea that be could not cot then reco mccog size the law sod advised mr me jack jac J son OD to tel relay my the tb torn lorn up op track red ad us both to make mabe same arrangement for a through opt rallon i over both lines and that the ibe utah line should be ba operated as far at grand junction io in colorado until tho the colo nao roid road cut of grand junction should be repaired and opened I 1 end ad it the lease was not I 1 hod had no DO from the camb company ad and no DO power 10 bind or of comptom ai it tsa wi rid this iced to 10 the ibo advice of judge fudeo hallula Hallot las u afore caid skit accordingly I 1 levin the iha pro DOMI bet fort t k to the of mr hie lot but I 1 it t was ab distinctly stated by me 0 that I 1 had bad DO am authority from the ibo it company I 1 did not sign the ibo prop proposal da EF mccamo I 1 hod had DO authony lo 10 do co from alic plaintiff company end I 1 oun I 1 would not bo be bocog acco ais albed RS as manager under the iho lease imes by said bald R receiver aceron jackson tito tile proposal red temporary operation unit UDd r it I 1 au p atad I 1 31 mr r jackson arbee out or the iho necessity ot of the situation and od wu was without dico md and boly intended lot coded to secure a practical operation or of the ibo llou ol at railway I 1 have ever since boca operated the utah lines line AS manager under the etue sod all 11 II accounts acco anU vouchers vouch cn elc ela so 0 o far u m I 1 k adow now have been bea made mada in III tho he main name 1 D C dodge manager under ad Is id the coar muce I 1 have referred to when I 1 mid hid I 1 had no DO authority frog from th utah cammay judea ballatt far I 1 la r said he did nut not jah to be ba done dome to compromise th the 0 rights ol of the company under tho the Is leao JUDOS DECISION judo judge hoole r then read ill follow log 05 opinion IOD which wu WAS to with rapt attention by those present in tile court roomi rearm when the action out oat the pres ent ear motion for the appoint appointment moot ot at it re beiver aronou brought it wu was founded upal tipon b bill til setting forth the con fro arct of t ecat the ibo defendant gad and plaintiff companies tho the fact that tho the terms of the contract bad been violated by b y tho ilin defendant company and that bat u c h would MUIL in ID damage to the ibe plaintiff company com piny e ec cc c LT upon uh bill so application ilea ax damon for or 65 which wait u died by this court oo on abow chuu arda hidir the motion under the iho show csaro cause order camo came on oa to bo be beard and od tried tied upon tho the testimony then submitted and tho the court upon much inch hearing bearing ordered the injunction to stand on unell the AI hering bearing he ring ol at the chad had and such uch la is now flow ili the order of tile court art it being yet 5 un on ru vermal uj it the cue oot not yet being heard sinco since the bearing upon that op application calion it appears that act aa action b bu me been commenced in the halted status court lor colorado brought by ua iho bond bondholders holders of tho the 1 D it 0 co a W herein that court bu appointed is a receiver this court biu bas no official notice or uch such appointment but it 11 takes take info consideration what hu bu been sold by the iho counsel of the iho parties rod and the affidavit ol at the receiver read to the ibo court yesterday and ma lainee that a buch i ihk fact Und under erthe the order ardor or the ibo colorado court I 1 am to in his above that that nine court boa bm placed 1 lu the hands of the ye receiver acler 11 the property properly at 01 the defendant company and that virtually tt it Is i all now la in hr him P iou ud and under bu big control or of what that property and where it to it located i do not know oftie it alan appears from the iho affidavit of abc receiver that be him bu refuted refused to operate the lines of the plaintiff coin coal al under me lease above 0 60 boa bas he be he all luab h ran runolver olver will not bo be liable for or or der isauro toy any expense cooperation of operation or ad my yd contracts contra cr made in 0 ol 01 I 1 P and that bo has bu dono does BO ad by uio the ord ardore es ud md directions direction of the court by ath which job ile bewla wait appointed led tah the ibo part or of tho the re colver of the ibo D R G co cc with the ilea of defense kt art up aad nd insisted upon iy ay y iho b 6 company d 0 on a the b scirio hc irio 9 1 f fur coma the t cot ol 01 1 w tn 1 to 0 m my y M D d t abo be f a c t ti 1 t t abe b e dr d fr d d hansuld refuse tibo ti be bound by any of it 1 aftos mid and that too ibo receiver does loft the this upon its ita lico face PIT to I bo ft 11 valid 1 ld contract t T the he man ot ehll ebli court art heretofore ake to ia gaug gauli Dg the iho ij ties li is based u epou po that tu the 0 boiling that who bad cupoo t tho b e t I 1 ft tor joe so iu io jus loti W nu ajo ujo b lidd a d a ou tuch ch motion azo ro upon affidavits rod and not upon a hill I 1 of the merito and abo injunction tj granted if a no at but at go odly 7 preliminary to bido abide the iho ro re fault a I 1 to ol 01 I 1 abo ch let of iho he go u it may my ili obrn in be ba e ither cither dissolved or malo per djs the object b j t ot t that pre limin la in junction 1 I to protect tha it italis alLS of I 1 jtb be I 1 booco from am what war I 1 sets acta of the bo delen d t company in derogation ot of tho the v im 11 gh a bub 1 10 0 1 the he order of this ww court bolln I 1 bo preliminary boj two lua gi ibo u t cc company disrupted ill ibe I 1 between its IDO 0 of 1 railway and it thai 1111 ol of atio aply plaintiff T ill I 1 corn a 0 roat pany ly taking up the ralli 1 I add oil 11 thui us acting out of the jur i edl n of ibia b la coun anon acta ed ge out ill 1 lu p or af of op u mating the iho said contract by a all I 1 than acts it is i apparently ev CT idem that the defendant company coro paDy clear ly intends not only to sever lever the ihu coo con lection between tiie the two roads but tu to ignore the tame and conditions of the 1 I 1 for all that bu take piece at tho various bootlegs 1 A ible matter it Is apparent whatever r 9 b to ili ibo df company a my ball bin I 1 in n to 10 or of over the dindi properly imin A of he a cc company in are on under it this lease if it to d with I 1 be few its as be bocog in II 11 I void I d ab it could s I 1 d h hardly rd I 1 y cl claim aim that it we would U d da bo kiich it it d to st aay y d cg b by 0 ol 01 1 ny act n of coni 1 anny 1 ia 1 to a tho the plaintiff flain tiff corn core pan own property U I 1 it bid etoy alibi on or t tho a contract bouti coo tract I 1 bey are As the abey sea fixed z b by IL 11 amock in 0 h elgh at re I 1 ibosh to run u I 1 n 1 u b t od dp enge rover t tho he road co collect 1 1 m t bolls lolls etc it refuses aal d acs repudiate 1 theao aca rad lecka to withdraw from in all lr ba no its a with the plaintiff company and t to 0 leave kave tile iho latter after core com lioy iho mean maidi 5 of wally fee IU of jr llaca abo h evidence ao far As it has ba hot chow wa the all or m nearly c a r 1 y nil all of the iho to rolling 8 acock used in 0 p e r a t log ing abo ha p I 1 let I 1 I 1 ore if either cither tho the pa property j ta e of tho h d defendant fd agn C company 0 or of the of iho bo car or T trust r u id company Y under d e r fomo arrangement g m for for use by tho ili withdrawal iohd or f aut this ock by tho IQ to fodill w cufal to operate the be two lines u under abo term 0 of fl tuo contract of the lean UK it DO now dow or 0 other dior urmi terms being me made d autere utere I 1 is not dot much baslo business an prospect for the be plain Itai tilT company pan that T E f company 0 11 p V recognizing theme difficulties go lt kod ad having baring in view tho the in ID laege sort of abc 11 a public which has bas granted franl to it valuable franchises and nd that of lu 1 does and see calog to before it a 1 indol 1 lica baal shmas the on do gab ot I 1 ilal the destruction of of ita la valuable aluta bl cpr now uio a aid ad court nad ad uki it alt abla court to take charge of its ic property and od ROI ad appoint its if receiver ve r who mabll protect pr its Is p property M per rg tho 0 o st 01 abr ho cou court it CI conniel unni fur for the ibo company p any does diet dot of lint 0 7 s aay m a ob j con lechon ta to tho the ret act ID w lar r that b hii client a ue he states latea hie hia ob at cotlon as being based rather upon th tho acion q tion ir if or not the court IQ in ili ihli a cue came coo can malo the iho appoint mer bad it argues aff ho he my aas a lipon japan that thea theory r L m adieu nd curd arata I 1 we jl it here bero ft a caso case wherein it 1 la ought to 10 have a receiver appointed the prate property 0 of atile tho applicant being that or 01 a I 1 railroad 1141 0 a dand and branch lines of over finale lo 10 extent cincot with moro more or lus wa rolling stock W ock boub bomea luro 04 and ad tho life i general octal paraphernalia frimith of a railroad A road that has been jo in running operation oper alioa under ft a contract of bolls lolls with mib another rod road tho the defendant dolend atit company y wo wc fiad this at aci by abo 0 1 kiec if 1 r 12 tt action to the eastward 81 brocco au op all u if to ad arrn theos dod dodged oed a and ad it generally 0 0 fa acil to stan d avind and d alono alone it I 1 icema c 1 to rao on that it to la a proper case caio for far the interposition of tho the court coot t red that hut a receiver should bo be appoint ed cd no cue la is hereto hero to complain of this course but tho the defendant company I 1 be suit affecting Hecl iDt the validity ol of tho the contract of lease kase la is still pending tho the p placing of 1 the b property in the hands banda or f a ric c civer so U under 1 I orders of the call court I 1 will protect it for the intern interest stor of whoever way may bo be right in ID the c over a the iho it a there la is another potent ocoa why way this morn should bo be pursued the line of the ibo plaintiff company abruptly ant at the boundary line at of viah utah territory it WM will to that point in view ol at the fact that tho the defendant road was or wool j be projected to that bat point that run ding would be made ba be tho the two companies and aad the ibo general public as well as am too compney would derive benefits I 1 his view was in a masure nic asuro met by the contract ol of lease and AS long hodg as its ila acia were complied wi did secure benefits wb be disruption occurred these it aa te cooled no one BOW ads teems learn to be to in central of the ibo plate tills road and no factory bu 1 la being done it ft receiver bo be op ap ani pointed d bud tea ables ci enn cio c io la be relieved 1 I borsuch for such receiver coal CAD tile the a derit of tile ilc court make tor for the agena nf bus inces aboin loo in tanh of the public demand hat that thia this oo am done and under the bo steam al I 1 have eta ed cd them I 1 have no am doubt ll it will bu be done buoo the pro or for far the motion will bo b 31 mr r marshall Man ball oo on of the D it 0 excepted to 0 o the abc ruling of the court judge then iben stated that be 6 placed it il would be lc ic ordle to sug eug the sturt whose op ap migile 9 would aou prore acceptable la is view of the peculiar a liar condition of the he mail loulu its roll og block and the parties interested ho he thought col D 0 dodge one eminently fitted for the iho position petition of receiver and one who by maeon of his bia GI mate kie acquaintance with the to re al n tren tents of the road would give alvo 9 t alIC tio jud hunts judge hark nes aeme attention to section of the civil procedure act rimmed at the lul last fusion of the territorial Legi which provid ci no parly or at torney toracy intends in an action con IKI be appointed receiver therein without tho the written consent ol of the pur par ties filed with the clerk sod stated that col dodge being ono one of the |