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

charges against the receiver an said attor-
neys, and they should each be required 10
file their irrespective answers thereto, SO far
as charges OF corruption, fraud and unprC :
les ional conduct are charged against
them respectively. And upon the
filing of these answers it should stand re-
ferred TO an examiner to take such
testimony as is offered both to main
tain and disproye the charges coz
tsined in the petition, and report the same
TO this Court on or before the next regular
term of this Court. If the charges of cor
ruption or improper conduct are sustained
and the fund in controversy in this case
thereby preserved and protected prOvi-
sions can hereafter be made for the pay
ment of the expenses incurred, but in the
meantime we shall postpone the question
| of compensation to the Receiver and at
torneys until the bringing in of the report.
| We have only had a few hours in which to
consider this matter, and therefore have t
| the time to state more L detail our reasons
| for this acton. An order should be entered
unfavorable to this petition.
The opinion was rendered by Asso-
ciate Justice Henderson, Chief Justice
Sanford and Associate Boreman con-
curing.
HARD TO AGREE.
The question as to who should be the
examiner was then taken up, and it was
found that there was a broad gap be-
tween the choice of the governmen and
the receiver on the one hand and the
council for the trustees on the other.
Judge Powers thought that, owing to
the seriousness of the charges, the ex-
animation should be made in open
court.
Chief Justice Sandford said that it
was too much TO ask IF tue court, and
that an examiner would answer the
purposes just as well. His Honor then
asked il there were any suggestions as
to who should be the examiner.
Mr.. Hobson said that he would sug-
gest Mr.. Sprague, but he took it that
he (Sprague). as the examiner in the
loUher investigation was also implicated
by the charges in the petition.
The Court then asked as to who
should stand the costs.
Mr.. Hobson said that he was ready tc
state for the government that he was
} if the Court should decide that 10 be
right.
Justice Henderson stated that if the
charges were sustained. and it was
shown that the fund had been bene-
flied by the investigation, it would be
proper that the fund should bear the
expense, but if the allegations in the
petition were disproved, the parties
making the charges should bear the ex
pense.
| Judge Powers stated that Mr.. Will
liams and the receiver would rather
, bear the expenses than TO have the mat
} ter dropped.
judge Zane then suggested Judge
Hardness as referee in the matter.
, Judge Powers was satisfied with the
choice, but thought the court reporter
could act as well as any one and save
J expense at the same time.
, The Court thought that q lawyer
, should be appointed. Then followed
} wrangle and tangle that was hare
/ to unravel. 1t was stated that Judg,
Hardness would not likely be willing Il
, serve, and after considerable consulta
ton Mr.. Hobson stated that the coun-
J sci were unable to agree on any ont
else.
, JUDGE SANDFoRD-Consult again ant
| if you can't agree the Court will ap-
point.
ME-. RoBsoN-We can't agree.
JUDGE SANDFoRD-Each of you make
( out list of all the men in town tina
would be acceptable to you and then
compare them and see If there is not ont
J common choice.
The attorneys busted themselves fol
several minutes with making up then
lists and with dozen names or more
, each, no one name appeared on bott
lists.
, THE HUNDREDTH MAN.
The court then took recess for hall
an hour to consult in the matter. A
the end of this time they returned Il
} the bench and announced that Judge
t Hardness had been chosen as refere,
: and had signi6ed his willingness to act
: The entire bar had been ransacked, anC
: Judge Hardness had been found to b.
i the hundredth man.
] After consulting the attorneys, it wa
3 decided that the examination shoult
begin on Monday, the 10th of Decem
4 Der, Judge Zane being allowed unit
e Christmas to present his evidence. Tn
receiver will be allowed from Decembe
26th to January 9Th to examine hi
witnesses, aud the referee shall repor
to the court on its converting on Janu
d airy 14th, 1899.
q The duties of the referee or examine
= are simply to take evidence pro ant
con on the charges made against tn
e receiver and his attorneys in the peti
ton of Judge Zane's clients, and to re
port the same without comment an
d without recommendation to the Su
, preme Court of Utah.
Judge Zane's bonn oshell exploded i
u the camp of the enemy brought to
+ focus the rays of rumor that have bee
: shooting here and there from the su
8 of public opinion. The actions @
: Mr.. Hobson, the receivers representa-
e tives and the Supreme Court itse
g makes an investigation inevitable an
i the aIl-absorbing question from no.
till the ides of January is fxed-"Wha
= will the harvest be2"