The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-02-26

before it filed in this suit proper papers.
The receiver was appointed in Noyem-
Der, 1887, and it was upon the theory
that large amount of property was
to be taken care of during the pen
dency of the procee tings. He was APP.
pointed and proceeded upon his work.
NO cRrTICrsM FOLLOWED HIM
until he and his attorneys represented
that they had been serviag for year.
and asked that some compensa-
ton be allowed them. Then it
was that the storm broke, and
a gentleman who has been honored
in civil 20 itions: came into court
bearing a petition. 1t was decided
that the trustees had no standing. But,
says the court, as certain serious
charges have been made, we will not
pass them lightly by but We will give
you chance to prove them. He then
referred to the contempt case of the re-
ceiVer, the refusal OF the trustees to
proceed, and the making of the modi-
FED order. This order has received full
attention. and now the report of the
examiner is in court; and every
charge brought against the receiver has
been disproved. There was nothing
improper in the employing of Will
liams or Peters as attorneys for the re-
ceiver. The court could not have been
misled if they understood the petition.
II there was anything in the petition
upon which the court desired light,
1T WAS ITS DUTY
to have inquired for it. The petition
was for compromise. What does that
mean? That each side yields some
thing. 1t was not represented to the
court that the full values were bieng
received. say that no matter whether
the compromise was Just or unjust, the
blame cannot be laid upon Mr.. DYER;
but l also insist that the compromise
was fair and just one. II there was
no intention to mislead the court, there
was no unprofsssional conduct. The
oral statements follow the presenta
ton of the petition were very brief, and
there was nothing said in reference to
THE ACTUAL VALUES OF THE PROPERTY.
The idea that there had been any COL
fusion between Dyer and Pickard, as
charged by the trustees, was over
whelmed by the testimony. Now as to
these sheep; they were motherless
lambs and old sheep-there was not
one animal OF the male persuasion
amons them. The evidence showed
that they were rorth not more than
81. 50 per head. Some thirty witnesses
testified that the sheep were not worth
more than what the receiver got for
them. There was nothing that COM
pslled the receiver to lease these sheep.
He might have taken charge of them,
and charged the fund up with their
feed.
Concerning the compromise of the
personal property, said to be worth
S26S, 900 for S75, 600, it is claimed that
Dyer was negligent because he did not
pursue this property. Had he COM
menced such suits he would have been
open to criticism, surely, because he
would have been wasting the fund in
litigation. This question OF title is
now pending. Referring to the con-
5lnuation of the receiyership as indi-
Gated in the final decree, l insist
that under this the receiver has the |
same right to proceed in the future as
he had in the past. If there was, any
body to be censured, it was the govern
nent and not the receiver. The com |
promises were open and notorious. and |
THERE WAS NOTHING CONCEALED.
All the transactions were published.
say 10 the court that in list that this !
s case in which charges have been
made without a scintilla Of proof. |
Everything throughout this examina-
ton has been done in good faith. The |
charges must have resulted from malice |
Dr. partisan feeling. Whoever framed |
them
Must have taken the thin shell of beetles |
egg
And placed within the film that dewdrops
leays
When vanished by the morning sun;
Mixed with it dim memories of dreams,
Il egot Of nothing but vain fantasy"
Placed IL, then. meath the shadow OF |
needles point.
Cast 1T the "moonshfne's watery BEAM"
Stirred it wi h the smallest cricket's bone
D er the heat arising from fire fly,
Then, going into court and blowing bubbles
from 1t,
Called them proofs of criminality.
Il insist that Dyer comes out of this
His enemies have been
overwhelmed. He has been tried by
the fire and his character is bright and
unstained. | have before this time
stood on the surrounding heighths of
this city in the morning, when the en-
tire valley was wrapped in q midst.
" Lou 0nA1y tHC Gun IL % las " al Ill AuQ
genial rays shine forth, the mists are
dispelled and the happy homes, the
business houses. the shady
streets, stand forth in all their splendor
aud beauty. Thus it is with my clients.
The examination is the sun that hes
dispelled all the clouds that have been
lowering about them
Judge Mcbride
briefly followed Judge Powers, and
Judge Marshall made the closing argu-
m ant. In reply to query by Judge
Henderson. he thought the decree as
ent red would prevent the pursuit
of other property. Ithas been said we
make no charge of bad faith. We are
not here to make any charges. We do
say. however, that there is evidence
showing bad faith. There is no doubt
in ny mind that the court was misled;
the only question was whether the mis-
leading was Intentional.