The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

they became at the solicitation of said
receiver in the manner aforesaid, his
regular advisers and attorneys, and
have, as they allege, in good faith, and
to the best of their ability, DEVOTED
diligently 10 their duties;
and the respondents, Williams and
Peters, allege that in the matter
of recovering said claimed property,
real and personal, and in the care and
thereof they have been
advised with constantly by the re-
receiver, and that in all the instances OF
alleged maladministration aud mlsoon-
duct referred to in the petition, SAID re-
ceiver and themselves have advised to-
gether, and the steps taken have been
the result of their best judgment, dis
erection and elaboration. That they
having concluded upon the bringing Of
suits to recover some of the property,
have. when ia such cases, a settlement
could be obtained, advised that which
they believed would have been wise
and prudent, and for the best interest
of the parties represented by the re-
ceiver. And these respondents deny
that in the making of the settlements
called compromises, in representing the
facts to the court recommending the
same or in any other act, recommends
ton or representation, they or either
of them, have had any purpose, scheme
Or design, except to obtain the largest
aud best results for the fund in ques-
ton at the least cost and expense pos .
sible. And these respondents
REPEL THE INsINUATIoNs AND IMPUTA-
T1oNs
upon their conduct incorporated in said
petition as the product Of personal
spite and malice, seeking its end by
pretense of anxiety in behalf of a
worthy public object.
And the said Dyer, respondent, fur
ther alleges that the reasonable value of
property secured by him as receiver in
this action is about, including monies,
100000, of which amount, certain real
estate in Salt Lake City, which has
been heretofore described as surren-
dered to him on demand, over $3.50 900
in value has been secured by active
pursuit after vigilant opposition, dis
covered mainly after the most patient
and faithful search. That at least ten
tuted, one of them requiring
WIZ ANSNASSA w CIV OCEAO "
maintain the same, On his own
personal responsibility, and at his own
personal risk, while much of the said 3
property has been secured by quietlyf
but carefully tracking it to points
where opposition could not longer
avail. The labor, the anxiety, and the
vigilance necessary to success has been
constant, unremitting and trying in the
extreme. He has spared neither time
nor labor, and the re7ults have been
that the receiver secured an amount Of
property to await the final action of
the court, exceeding by far what he had
reason to expect, and as astonishing as
it is gratifying to those who know the
difficulties to be overcome.
Said receiver further alleges that in
all of his doings of which complaint is
made in the petition, be acted openly;
his conduct IN the matter of carving
out the alleged compromises and settle
ments, has been open and notorious
well known in all its details to Il g
court and the public, there was neither
haste nor concealment, or reason for
either; full reports Of all matters were
made unless some inadvertsnt omission
in some detail should possibly have &C
CARED, and that the petitioners in this
case we'll knew or might have known of
all the ALLEGED causes of complaint
anxious for information as they seem,
suddenly to have become; andyet =
NO BEMoNsTRANCE EVER CAME
to the knowledge OF said receiver until
about the date of the filing of said pc
tition. That public notice that final
decree in this case based on the prop
erty obtained and held by the receiver
in the manner stated was given before
his final report was made, and althou n
the court proceeded deliberately to act
thereon and to enter the final decree,
declaring The fruits of the said Dyer's
labors as receiver to be in the plaintiff,
no one pretended to impeach the pro-
ceeding or demand it necessary TO
make there-the only proper time OBJ
jections to his actions. 1t was after
the summer had passed and the har-
vest ended and the crop had b(el WIZ
man was heard. The perfume of the
grain which had been gathered and
which was to be devoted to the ends
designed by law, awakened the accus-
ers of said receiver, apparently jealous
that he might have some reward for
his labors, responsibilities and toll, to
depreciate them, and to bring him into
contempt and odium in the community
and to discredit him before the court.
These respondents aver that they are
now ready, willing and anxious to have
the proposed investigation herein made
searching and complete; they and each
of them welcome and invite the most
ample scrutiny of ali and every act
done by them collectively and individ-
ually in connection with said matter,
and they hereby assert and affirm that,
save for errors of judgment, of which
they cannot hope to be entirely free,
they ave acted conscientiously w.
purpose to serve all the parties in inter
est, to assist in carrying out the law, as
1t existed, in manner honorable to
themselves as officers,
CREDITABLE TO THE GOVERNMENT,
whose interests were confded to their
keeping, faithful to those who were to
be the beneiciaries in the conclusion,
and in obedience to the commands of
L.. I'LL H.. L i.