The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-25
A JUDICIAL CYCLONE.
1t is Likely to Come at Any
Moment.
THE EXAMINATION CLOSED
Because Mr. Zane and the Trustees
Fail to Appear-Powers saystt
lie Contempt.

When the Supreme Court opened
yesterday morning, there was what
Deputy Sprague facetiously terms "s
good house" The space inside the
blr'was occupied by lawyers, newspaper
reporters, and other prominent citizens
while several plebians occupied the
hard benches on the outside.
These all had assembled with the idea
in view that the three judges might
have something to say in reference to
the statement of the school trustees
which had been read by John NJ. Zane
on the day previous, and which had
been received, but not filed by the
court.
The Ogden registry cases were called,
| however, and the spectators filed slowly
out badly disappointed.
The next assault was made upon the
law library, where it was expected that
Mr.. Hardness would sit as examiner to
take testimony concerning the charges
| against Receiver Dyer and his attor-
neys, which matter had neen referred
| to him by the Supreme Court, Judge
Hardness was promptly on hand, as
was q 50 Judge Powers ana the r.
ceiver, but the school trustees and their
counsel, Messrs. Zane 81 Zane had not
put in an appearance, Notwithstanding
| the fact that they ha1 been present in
the court room few minutes previous,
But one construction could be put
upon the failure to be present, and that
was that they had abandoned the case.
After waiting few minutes
Judge Hardness left the room. He
returned in few moments, however,
and he came alone. He opened pro-
ceedings by stating that he held in his
hands an amended order of the court,
instructing him to take further testi-
mony touching the charges brought
against the receiver and his counsel,
and was ready to proceed.
PoWERs-I should like an officer to
inform counsel on the other side that
we are ready and anxious to proceed.
The EXAMINEE-I have notified them.
[ served a notice upon them Yesterday,
and saw Judge Zane moment since.
l asked him II We should postpone &C
ton for few whether any
delay was necessary on his account,
and he said there was no necessity for
it. Do you represent the respondents?
PowERs-Yes; and l will state that
Mr.. Dyer is here and ready to answer
allquestions that come within the scope
of the order.
The ExAMINER-Let Mr.. Dyer take
the stand. There being NJ counsel
present to represent the petition r., per-
haps | had better ask 2 few questions
myself. On the 10Th of December, Mr..
Dyer, you refused to answer certain
n7lnQfinnG Tay1f n WI hu nnylncoI for he,
petitioners. Since that time the Su-
preme Court has ruled these questions
proper ones, and that you should az.
swer them. Are you ready to answer?
DYRR-Yes; l am ready, willing and
anxious. There was never any inten-
ton of contempt on my part.
PoWERs is that sufficient?
THE EXAMINER-I think SO. | need
not repeat the questions, as the counsel
for the petitioners are not present.
PowERs-I desire TO call your atten-
lion to the order of the court that the
taking of testimony by the petitioners
should commence this morning at 10
O'Clock, and that they should have four
days. Then one day, Tuesday next,
was to intervene, and un the day after
that, Wednesday. the 30th, the respon-
dents should reply. AS l look at it, we
will be compelled to proceed. 1 ask
Your Honor to report to the court the
fact that they failed to appear believe
there is a contempt of court in failure
to go on, and l shall ask that it be re-
ported.
The EXAMINER-It think no testimony
is necessary on the part of the respon-
dents. AS | construe the word "reply."
1 take it to mean evidence in reply to
whatever evidence the petitioners may
put in. l shall hold that no reply is
necessary on the part of the respon-
dents.
PowERs-I think the court will desire
that the examination proceed. We are
anxious that it should; we insist that it
should. The court has said that counsel
should throw no obstacle in the way.
think the examiner should not close
the examination entirely, but merely
suspandit. report the status to the court,
and await further orders.
THE EXAMINER am I'm able to see
any object whatever in holding open
this examination so long as there is not
and will not be any appearance on
the part of the petitioners. I see
nothing in the opinion of the Chief
Justice requiring me to hold this exami.
nation open, shall report at once to
the court and if they SO desire it, they
can remand the question back for
further hearing.
PoWERs-Our accusers have filed
paper Withdrawing from the case, and
the document is now bsfore the court.
1 am of the opinion that the court will
want the examination continued.
The ExAMINER-I will close the ex-
ami alton now,
PowERs-The court will please note
an exception to the order closing the
examination.
The exception was noted; the exam
aminer buttoned up his ulster and with
drew; Powers smiled; Dyer assumed a
severe expression; tho two press repre-
sentatives present ran their hands
through the few remaining hairs left;
uttered vigorous protest against their
readers being robbed of what promised
toibe very spicy and interesting mental
pabulum, and the agony was over-at
least for time.
THE EXAMINERS REPORT.
A few hours later Examiner Hark-
ness fled the following report in the
Supreme Court:
rN~.-4 A. - E