The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-30

RIGHTEOUS WRATH.
Upon the application of the solicitors
OF said petitioners to be allowed to file
said petition In said above entitled
case, to become parties thereto,
THIS COURT FILED AN OPINION,
written BE- Henderson, judge, in sub
stance as follows:
This is an application Of certain
school trustees to be allowed to inter
vene as parties 20 the case. We ale of
the opinion that petitioners do not
show by their petition any right to in
tervene as parties. There is nothing to
show that the government is not dis
posed to look after the interests of the
fund, and the interests of the petition
ers as school trustees are too remote to
be recognized by an order allowing
them to intervene. But the petition
which has been read contains charges
OF q grave and serious nature against
the receiver and his ATTORNEYS,
Messrs. George S. Peters and
Farley L. Williams. The charge
has been directly made that the re-
ceiver has acted corruptly and in Grim
inal collision with the defendants, and
that this court has been imposed upon
by the representatives of the receiver
and his said attorneys, and a fraud
thereby accomplished. If this be- true
q crime has been committed, and this
court cannot and will not pass it by
without attention, as the action Of
these officers, charged with delicate
and difficult d1ty, should be met by re-
sponsible sccusers and have the oppor-
unity to confront them, Either the
receiver and his attorneys have been.
guilty of crime, or some person or
persons are intei in falsely accus-
ing them. This petition upon being
verified and
ENDORSED BY SOME PERSONS RESPONSIBLE
for the costs which may be incurred.
should be received and filed as charges
against the receiver and said attorneys,
and they should each be required to file
T. cir respective answers thereto, 30 far
as the charges Of corruption, fraud and
Rnpa OCCASIONAL conduct are charged
agsins,t them respectively; and upon
the filintr OF their answers, 1t should
\ tand reftrred to an examiner 10 take
salch tsstin ony as is offered, both to
3D. stain and IisproYe the charges con-
sai. ned in the petition. and report the
sans to this court on or before the next
regular term of this court. If the
charges of corruption or improper con-
duct are sustained, and the fund in con-
In this case thereby preserved
Ind protected, provision can hereafter
De raade for the payment of the ex-
oenses incurred, but In the meantime
We shall postpone the question of COM
to the receiver and attor- |
leys until the bringing in If the re-
port. We have only had a few hours |
20 consider this matter, and sherefors |
nave not had tipee to state more in |
ietail our reasons for this action. An, }
order should be entered conformable /
% this opinion" answers were filed
" the said Dyer and bis solicitors, in
iue time, denying all said charges in
ull. s..
When this opinion w.s rendered by
he court. il was distinctly stated to the
persons interested that the order should
% drawn in conformity with the
opinion, to- bs accepted and agree d.
lpon by the parties and thu attorneys
IN both sides, and when such was done.
t should be handed to the clerk of the
court to be entered up On its minute.
as the question of compensa-
ion to tine receiver had already been
referred 10 the clerk of this court, as
aot thought proper or necessary to
REFER. THAT QUESTION AGAIN.
10 another commissioner, but it was in
;ended, as the opinion above set out
clearly indicates, to refer the charges
Of wrong action by the receiver and his
attorneys to a special commissioner;
instead of which, however, an order
which was not presented to the court,
seems 10 nave been drawn and entered,
Hhicn, in so many words, refers to MIR.
Robert Hardness the case, to take and
report 10 this court such evidence as
nay by the petitioners or the receiver
and his counsel be produced touahing
he matter in said petition set out.
thls order, as will be clearly seen.
vas not in accordance with the, opinion
d the court; for it was not il tended to
refer the question of compensation TO
,he receiver, it having already, as above
stated, been referred TO another person
Is special commissioner. to take proof .
and report thereon. Howoeit, when
the parties met before Commissioner
they diff red mata'i ally as
70 the matters that we're referred, one
size insisting upon taxing proof upon |