The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-11-29

i OLOtAASb'
RUDOLPH ALFF,
| Chairman Board OF Trustees, Ath school,
District.
j. +. MILLAPAUGH,
Sec'y Board of Trustees, 18th Dist.
ZANE & ZANE,
Solicitors for Petitioners.
THREE MAD MEN.
When the reading was finished there
were three mad lawyers. Mr.. Williams
said no more than might have been ex-
pected of MIN; Mr.. Peters sat in
brown study and hard chair and Mr..
Hobson somewhat surprised his au
dience by becoming Wild-eyed and fir
ing hngual hot-shot into the camp of
Enemy Zane.
Judge SANFORD asked if the petition
were verified.
mo, sir" was the reply.
Judge Zane then arose and said the
petition was not verified because he
understood that they we're to proceed
| under the rules of cnancery.
Mr.. Hobson thought that while in
general they were bound by the rules
of chancery practice, petition in the
nature as a cross-bill as this was and
cont tanning such serious charges
should be verified. Because if the
charges set forth in this petition are
true, not only should the receiver be
dismissed, but some action should be
brought against the attorneys in the
case.
JUDGE ZANE-I don't understand that
this Is a petition for the removal of the
receiver and [ do not see that anything
has been said of the counsel for the
receiver, to which they would object.
Turning to Mr.. Williams. Do you
think that there are charges made here
against you?
| Mr.. WILLIAMs-Statem are made
in this petition, and if they are true |
should be debarred from practice in this
court. They represent that the counsel
of the receiver have led this court to
believe what is not true and have
directly deceived the court. The re-
ceiyer's doings and accounts are an
open book, and can be examined by
anyone who chooses to do so. Before
these charges are permitted, there
should be a veriication of them before
this court. II there is semblance of
truth that these charges are correct, the
receiver should be removed at once.
But charges that may be written by any
scandal-monger in town should be sup
ported by some one on oath.
JUDGE ZANE-I propose to proceed
according to the rules of equity. If We
are permitted to appear in the case we
propose to prove the charges made in
this petition. As to the renting of the
sheep, Mr.. Dyer stated for himself that
he had rented them for 20 cents per
head, and We had witnesses in the re-
cent examination who stated that they
would be willing to give 40 cents them
selves.
The consolidating the question as
to Verification. we are willing to take up
the petition on the main question OF
these intervenors.
JUDGE POWERS COMES IN.
Ga motion of Mr.. Williams, Judge
Powers was allowed to appear as al
ditional counsel for the receiver.
Judge Zane then arose and said: eff
the Court please, it would be more
satisfactory to myself and clie1t that
the case be taken up by the full bench,
and it could then be verified"
Mr.. Hobson objected to any further
delay, stating that he had come from
Denver at considerable inconvenience
personal and official, and would like
to have the case proceeded with at once.
JUDGE SANDFoRD-We should have
been glad to have Brother Judd here,
but he could not come. 1t may be pos
sibIe to have him pass on the brief
Mr.. Boreman goes away in few
days.
JUDGE BoREMAN-If it goes over
now, it would have to go over until
January.
Mr.. zANE-If the Court desire it
will proceed.
THE CoURT-You may proceed.
JUDGE ZANE-I presume that the rules
of practice in vogue in this Court will
be applied to this case. The question
is, have the District Schools of thi:
Territory such an interest in the OBJ
iects of this proceeding as to entitIe
them to be heard. The trustees of these
schools are the immediate representa-
tives of the people in this matter. They
act as the agents of the people in al
matters pertaining to the school in
! terests.
Judge Zane quoted from the &C
escheating the money to the common
schools and said that no one on eartt
had any actual interest in this funC
: except the common schools. He sale
that they had an interest in the ex
: pectanoy of the result; whether thei
; expectations will ever be realized Of
: not cannot be said. The government
: !, of the United States will never tax
> any of this money. 1t will give it tt
: the people of this Territory. 1t cam
: largely from the people and it will b
/ appropriated to the Territory Fl
said Mr.. Hobson wanted to increas
: the surplus in the Treasury and b
. needed to be watched. He said tn
I money must go where the law destined
2 The law gives the government n
: interest in the fund and the govern
n ment had no right to handle it.
RECEIVER OR GOVERNMENT?
= Mr.. Hobson arose.
D JUDGE Whom do you rep
resent, Mr.. HobsonP
e Mr.. HoBsoN-I represent the govern