The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-11-16


Mr.. PETERs-Weli, l am here and
ready to proceed with the examination.
Mr.. SHEEKs But tc what extent do
you represent the government?
Mr. PETERS, am here to attend this
examination.
Mr.. SHREKs-Well, think we are en-
titled to know to just what extent. All
parties interested-the government, the
church. the receiver and his attorneys
are entitled TO representation. If the
government is not represented there
may be some question about the legality
of the transaction.
Mr.. RAwLINs Ito Mr.. Dyer)-Would
you be'satis fed with $25 900?
Mr.. DYER-Yes.
Mr.. RAwLINs-There are other inter
ests at stake than our own in this mat
ter. If the government is finally sue
cessfuI in this issue, the money will go
to the public schools of this Territory,
and someone should look after this in
terest. l do not think the examina-
ton should proceed unless the govern
ment is represented here. Mr.. Peters
is acting as attorney for the receiver.
In fixing this compensation there ought
TO be somebody present who is respon.
sible. We make the suggestion, and
think under these circumstances the
case should not go on.
Mr.. WILLIAMS recognized and pro-
posed to recognize Mr.. Peters as
government representative so far as
this investigation is concerned. He
wanted TO proceed with the examina-
ton and was not willing to act upon
the sugge1tion that comes from the
other side. Whatever compensation is
allowed the receiver, must be .
FIXED By THE COURT
after all. As the government, itself,
has allowed their highest officer to come
in, he thought the remarks of Mr..
Rawlins were over-anxious.
Mr.. SHEEKs-It is we'll known by
lawyers and certainly by the attorney
for the receiver that all parties should
be represented. Mr.. Peters declines to
say whether he represents the govern
ment or not Ii he does not represent
the government, then we are spending
our time here for nothing; the testi-
mony adduced will be illegal and I'M
proper As to our over anxiety, we
simply place this thing upon legal
proposition, Have the parties been
notified? II not. way should We pro-
coed? &
The EXAMINER thought that to GER
tain extent. at least, Mr.. Peters repre-
sented the government He hid not
see where the clients of Sheeks Il Raw
Inns would be at all injured; neither
could he see any good reason why the
examination should be postponed. II
the gentlemen for the defense declined
to cross-exBmine, that was their affair.
Mr.. Williams certainly should be
allowed to introduce such evidence as
he desired.
Mr.. RAYLINs-In regard to our over
anxiety, Williams and Peters are the
attorneys for the receiver, and are
therefore, interested in seeing that his
compensation is placed as high as posi-
BILE; that is what they are paid for.
An attorney acting for the government
would certainly want it as low as posi-
BILE. If we are simply to play an exam
| ication and enact farce, we ought tC
know it. II the government is moi
represented, III r5 is legal 1noonsis-
tency about the whole affair. 1t is GER
tain that Mr.. Peters
CAM SERVE GOD AND THE DEVIL
at the same time. The interests OF the
receiver and the government are antag.
onistie; he must appear as the repre-
sentative of either Que or the other
Last evening he examined the receiver
with the view of fixing his compenss-
ton as high as possible. Now which
side does he appear on?
TIE EXAMINER again insisted that Mr..
Williams should be allowed to intro
duce suoh evidence as he desired.
At this point Sheeks and Rawlins
arose and left the room.
The calling of witnesses was then re-
sumed by Mr.. Williams. The first one
was
FA1H. AJERBACH.
Have reside, AZ Salt Lake twenty
four years; own and handle re-
estate as well as my general business;
have also some interests in live stock
yes, have been and am engaged IN
business OF various kinds; | am familiar
receiver in the case mentioned; there is
no doubt but that the position is such
as to call for a great deal of business
tact and energy; if had not heard the
sum of S25 900 mentioned by the re-
ceiver, l should have said that 5 pei
o,nt. would not have been too much;
would not care to handle it for any such
sum. There is no doubt but that other
men could have been found who would
have done it for less, but 1 think the
character of the man who is able to give
bond of $3.50 600 should be taken into
consideration 1t l have collection
to make, am compelled to pay 10 pei
cent.
| W. H. BENNINGTON
was the next one called. He also
thought per cent of the total amount
handled would be for estimate, anc
concurred in the general remarks made
| by Mr.. Auerbach.
| FRED SIMON.
Have been merchandising in Salt Lake
for several years past, and have beer
engaged in other business for eighteen
wears or more. l have some idea of the
business transacted by the receiver il
that capacity, and from what l know
7 u. 20 hot hor 81 or