The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-11


ZANE-Well, if the examination can
not go on, we might as well quit.
PowERs-W We'll, it will go on only for
the purpose for which it was intended
and for no other!
BAsKIN-Well, this is simply farce,
then?
PowERs-That is what we think.
The ExAMINER-I do not think have
any power to commit for contempt. l
can simply report the fact OF the re-
fusal to answer to the court. L think
the questions are proper, but L have no
power to force them.
BAsKN-WeIl, ii the other side is
willing to stop here, we are.
PowERs-We are willing. The whole
gist of the matter is simply this: that
someone is afraid that someone else
will get something. If the attorneys
are willing to come down to the charges
OF corruption they have made, we will
meet them. 1t is not q matter of what
the receiver and his attorneys shall
get; if it were the United States ano the
church should be represented.
BAsKIN - Well, this ends the case
right here, so tar as we are concerned.
PowERs-lt might Just as well end, if
this is all you have got2
ZANE, JR.-But it is not all.
ZANE, SR. then went on to explain his
position in reference to the matter.
They certainly had right, he thought
to go into the matter.
1--WE DECLINE TO ANSWER. "
PowERs-What is tine use of your
arguing? We decline to answer any
such questions.
ZANE, continuing, read from the an
swer published in THE SUNDAY HERALD,
in which the respondents claimed they
had answered all the matters relevant
to the Investigation ordered by the
court, and made certain allegations in
which they claimed that they should
insist that their accusers having as
sailed .their motives and challenged
their good faith, the investigation
should not be confined to one
side of the controversy, etc.
I'VE appear here" the Judge con-
tinued, "to contest the claim of the
Receiver. We are not here to white
wash anybody. We say il is due to the
government that such a delicate ques-
lion should be handled carefully, and
the money should not be divided among
themselves.
WILLIAMs-Who do you represent?
ZANE-II this receiver is to be set up
as q competent authority to pass upon
the question of what is law and what is
not law; if he can answer such ques-
tons as he chooses and refuse when he
chooses, all right. We insist upon
full, free, frank and complete answers,
and had hopes that they would be made.
We have come here in good faith to
make this investigation. The receiver,
so far at least as this examination is
concerned, is the defendant in Ais &C
ton, and we are entitled to great lati-
tude in asking questions and demand
ing answers. But if these gentlemen
with the accent c.. the geen..IIsmen) re-
fuse to allow the defendant to testify,
why, we'll postpone it and wait until
January, when the court meets, when
we shall insist upon further and more
complete understanding.
BAsKIN was in favor of throwing u p
the sponge right there and then.
TaE EXAMINER HAS DOUBTS.
The ExAMINER--I doubt that have
the right to commit for contempt.
think the question should be answered,
but have no power.
BAsKIN-Then we stop right here.
MCBRIDE-We understand the exam
ination is to be on one subject; they on
another. We don't propose to go into
It, We do not understand that Will
Jams, Peters and Dyer have made any
claims for compensation. The gentle
men on the other side come here and
make great show of protecting this
fund, when the court has decided that
they have no interest in the matter.
The question of salaries was not re-
ferred to the examiner. Certain officers
of the Supreme Court had been accused
of misconduct, and it was this matter
that had been referred to the examiner
to take testimony and report. But be-
cause the petitioners, like great big
boys, cannot have their own way in
everything they say they will quit
take their dolls and dishes and 90 home.
They allege that the receiver has been
guilty of misconduct as such, and then
try to prove that as United States Mar
shall he stole potatoes. They might
just as well say they could try for IN
lawful cohabitation a man who had
been caught in the act of stealing a
horse.
BAsKIN--Well, don't propose to 60
on with this farce.
POWERS (child-like and bland Isn't
this scheme to let yourselves down
easy?
ZANE-Well we don't want any pet
tifogging.
THE ExAMINER-Does the witness de-
cline to answer?
DYER-Under the advice of my attor-
news. do.
TIE ExAMINER-And you refuse to go
on?
ZANE-We do.
The ExAMINER-Well, what do you
say?
PowERs-Well,w we don'G say anything.
We are ready to proceed.
THE EXAMINER Ito Baskin)-Then l
understand you decline to go on? -
BAsKIN-We do.
ZANE-We shall await further ad7ices
from the court.
PowERs-We are ready to 60 on now,
end stipulate that the case shall be
heard subject to the rulings of the Ex-
aminer.
But the petitioners were obdurate,
and the Examiner concluded that he