The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-22

Is
city was correct. The charges made
against him were directed to his con-
duct as an officer of this court, and all
questions that bore on that point, even
though remote, and not clearly con-
nected with it, should have been an
swered.
The receiver, as appears from the
testimony before US, was advised by his
counsel that he need not answer the
question, the refusal Of which has been
reported by the referee to this court.
1t has been held in many cases similar
to this that such advice, honestly given
and accepted and acted upon in good
faith, is to be considered as exculpatery
q Sandford 662.) The receivers counsel
were wrong in giving such advice. The
| order standing alone and not taken in
connection with the decision of the
court, authorized and justified the
question put to the receiver. If, in their
opinion, the order was incorrect, it was
their duty to have promptly moved the
court for its correction or amendment,
and the examiner, on their stating their
wish, would have doubtless suspended
temporarily the examination of the
witness until the decision of the court
upon their application to amend could
have been obtained.
It has been held that refereree has
no power to dismiss suit because of a
refusal of the plaintiff, or q witness, to
testify. He should report the matter
| to the court and await its decision. In
this case, however, the examination has
not been 50 fully closed that it may not
be resumed. We are of the opinion
that under the amended order the ex-
animation should proceed before the
same examiner. We are not willing
that the conduct of such officers
should, when challenged so seriously as
is the case here, be allowed to pass with
out full and complete examination,
by means of which the charges made
may be either proven or the persons
accused exonerated. The hearing,
therefore, must be continued as rapidly
as possible.
Were it not for the excuse presented
by the receiver for his conduct before
the examiner, me would be imposed
on him. His refusal to answer, al
though no one has suffered therefrom,
were unjustifable and contemptuous,
and unexcused, would have merited
serious and severe punishment. Under
the circumstances presented here,
however, the proceedings looking to his
punishment should be arrested and the
application therefor denied. He will
bs allowed an opportunity in the ex-
animation when resumed to show that
| he purges himself of this particular
ontempt by answering the questions
ruled upon by the examiner as proper.
The question of compensation to be
allowed him, will, as was heretofore
directed, remain undisposed of until
the completion of the examination now
to be resumed.
9, An order will be entered providing
for the further and speedy investiga-
ton of the charges of improper and I'M
professional conduct, such investiga-
ton to be carried before Examiner
Hardness, the Tina and place of which
will be fixed by the court, in its order.
As to the terms of the order re-submit-
ting the m after to the ey aminer, | con-
cur in the opinion read by Judge Hem
derson.
JUDGE HENDERSON.
The reference to investigate the
charges against the receiver and his atra
torneys has failed. When the report OF
the examiner, to whom was referred
the matter of compensation to the re-
ceiver and his attorneys, was presented
to this court, or it was announced that
it was ready to be filed, the petition of
the school trustees was presented, ask
ing for the right to intervene as parties
to that proceeding, We held that
the interests of the petitioners
were too remote to be..allowed to inter
vene as parties, but the petition con.
tanned charges of grossly improper,
that by this misconduct the fund had
charge was directly made that this
court had been imposed upon and de-
ceived by the represen tatives of the re-
ceiver and his attorneys, and that the
receiver had fraudulently acted in col
fusion with the defendants in the case,
and with some of his bondsmen, and
that fraudulent and unconsionable
compensation had been sought. at
once upon the hearing of these petit
tons without entering upon any inves
tigation of the matters contained in
Judge Sprague's report as to the
amount of compensation, deeming that
question wholly imma terial to US, if the
charges contained in the petition were
true, anu that the question of
the amount OF compensation would
never be reached by this
court in that event, this court directed
that the petition be received and filed
as charges of official m conduct on the
part of the receiver and the attorneys,
so far as such fraud and misconduct
were alleged herein, and directed an
examination of the charges at once.
The session of the court necessarily
terminated on the day this order was
made, the engagements of the judges
imperatively called their respective dis
tricts at once thereafter, but to facili-
tate the investigation it was soughG to
refer the taking of testimony upon
these charges TO an examiner, and with
the consent of all parties concerned,
selection was made of one of the most
eminent and learned members of the
mar OF this Territory, whose action in
the matter has fully justified the )nfi-
dence reposed in him. At the time of
making this order the court fled in
writ g a memorandum of the order
that was intended by it. This was done
in view OF the fact that the court would
necess arily adjourn before the Ger
could formally be reduced to writing,
and entered upon the journal, and at
tention was expressly called to it at
the time, ard counsel were directed
| 70 on-nnorofa in Tho 0,l,r