The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-02-22
IT WILL NOT DOWN.
The Question Of Compensation
Before the Four Judges.
POWERS REPLIES TO HOBsON
The Utah s. Nevada Damage Case
The Question of Appeal
Other Busineks.

In the Supreme Court, yesterday,
Judge Judd rendered an oral opinion
in the case OF Matilda Openshaw vs.. the
Utah & Nevada Railway Company.
The sad and tragic death of the hus-
band of the plaintiff is yet fresh in the
minds of our readers. The decisi9c OF
the lower court in refusing TO giant
new trial was sustained, Judge judd
saying that he was not clear but the
verde; should have been for double the
amount.
mir. Williams, attorney for the de-
d sndant. asked that the bond on ap-
peal to the Supreme Court of the
United States be fixed.
Mr.. Rawlins, of plaintiff g counsel,
then steppe1 forward and said the
plaintiff proposed to remit the costs
and interest, and have the judgment
made for 5000. 1t was necessary that
the amount should be over that figure
II order that the case might go upon
ppeal, and they were endeavoring to
avoid that legal process.
This request caused considerable of
| buzz and raised Mr.. Williams TO his
feet; it also brought forth a protest
from him. He thought such proceed
ing was a highly improper one. The
question was finally taken under ad-
vlsement, the understanding being that
both attorneys should submit such au
thori:ies as they thought proper.
The Compensation Question.
Judge Sanford then called the -
tention of counsel to the fact that the
matter of Commissioner Sprague's re-
port, which had been under consider
ton at the last meeting of court, had
b en- left unfinished until the coming
IN of the report Of Examiner Hardness.
That report, l understand" he said,
has been filed, and the court will now
hear motion on the subject
JUDGE PowERs-I desire on behalf of
the respondents in the case that has
been before Examiner Hardness, to
move the confirmation of the report
which was filed on yesterday. l am
not aware that any exceptions have
been filed. There have been none
served upon US.
JUDGE MARsHALL-I do not know
what duty exactly rests upon US in this
matter. The facts established in our
view are set forth in certain findings
attached to the report. If the court is
of opinion Ihat any further duty rests
upon US, we ask for time to file excep-
tons. am not, however, aware my
self that such duties do rest upon us
under the former order of the court.
JUDGE JUDD-We cannot decide that
question, but must leave it for you at
uorneys to settle yourselves.
We WILL CoNsIDER YOUR REQUEST.
The finding is in the nature of chal.
lenge and you can take such course
as sou think best. We will either hesr
you now or give you additional time to
prepare such exceptions as you choose.
| JUDGE MARSHALL, after a short COZ
suitation with Mr.. Critchlow, said-We
will ask the court to grant US until tc-
morrow morning, or any time it desires,
We have access to the report.
JUDGE SANFORD - Will Saturday
morning be soon enough?
| Judge Marshall replied in the affir-
NATIVE.
JUDGE JUDD would suggest to you,
Brother Marshall, that you may save
| yourself much labor if you were to file
an exception in the action of the referee
in not finding as you asked.
| JUDGE POWERS Under the action
taken by the court, the attorneys are
somewhat in doubt as to what course
the matter now takes. The matter of
compensation having been deferred
until the coming in of this report, and
the two questions being somewht t
intimately connected, the discussion or
the one, as we look upon it, involving
the consideration somewhat of the
other from our side. However, if the
court kinks -
JUDGE sANDFi RB-We will hear your
argument upon it before we decide.
JUDGE PowKRs-Will you hear US this
morning. then7
JUDGE SAEDFoRD-Y Yes, on the Serague
matter.
JUDGE PowERs-The suggestion
made was that the two matters were SO
intimately connected, and as they give
notice to except to the conclusions of
Examiner Hardness, We could discuss
them both at the same time, and within
about the same length of time, believe.
JUDGE SANDFoBD-You have to answer
the objections to that report made by
the government. We can hear you on
that phase of the feature of it to-day.
JUDGE POWERS
then began his argument and in the
early portion of it paid just tribute to
the memory of Judge Sprague-a man
whose integrity had never been cues
toned and whose name had never been
furnished even b7 the breath of susp'-
cion. 1t has been said that the court
has not power at this time 10 grant
compensation; that the constitution
atty of the law is now being
considered. and if decided adversely to
the government. the property would ell
have to 60 back to the defendant. 1t
has been admitted, however, that neces-
sary expenses could be paid. And wi y
not the compensation of the receiy er
and his attorneys, which is part CT
toe Necessary expense of the suit? Th s
court had already said the act is col =
stitutional, and it is simply on appeal.
Every presumption is in favor of the
court below. The court below might
have said, this law takes a large amount
of property from the church; that
movement is of doubtful constitution
atty and we will not act fully until that
| o1pf 10 do4a