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

CONFINED AND HAhPKRED
that we could not make our investiga-
tioE com 3lete. While proceeding un-
der the original order we were author
1zeo TO offer evidence as to everything
the receiver had done or had failed to
do, IN order that we might enable the
court to tx the compensation for his
services. But this matter being ex-
cluded by the amended order. only a
small part of the receivers doings can
be investigated. Under these circum-
stances we believe it would be better
that the court. if it so desire, should in
vestigate the conduct of its officers for
i ,self in q proceeding where the ex-
animation would not be cramped and
narrowed as it is under this order. In
that way the examination would be
made thorough and more satisfactory
to the court. As long as we had some
chance of bene6ting the common schools
of this Territory, We thought 1t
our duty to proceed, but we con-
ceive it to be no part of our
duties as school trustees to prosecute
CHARGES OF FRAUD AND CORRUPTION
against Off GERS of this court, nor do we
conceive it q part of our duties either
as school trustees or as private citizsuS
to incur the large expense of summon
ing witnesses from different counties
in this Territory, and even from Idaho
and Arizona. merely to assist the court
in scrutinizing particular acts of its re-
ceivsr. And In view of the facts above
stated, and the complete change in the
character of the investigation made at
this late day, we must decline to assume
the functions of grand jury, or to at
tempt to perform the duty OF the court
in investigating the conduct of It's own
officers; all of which we respectfully
SUBMIT
1t is difficult to conceive of more
deliberate or bare-taced attempt to
trifle with the court than has been at
tempted by the conduct of these petit
TONERS. They assume the RESPONSE
billty of making charges against officers
and attorneys of this court, which we're
of such q character as no court could
overlook. Every opportunity has been
given to them to have full and ample
hearing to substantiate the charges;
and after that they come into this court
with paper whose statements are IN
true and OF
Almost sCURRtLoUs NATURE,
and couched in the most disrespectful
language and by inuendo, and almost
by direct charge, attempt to put the
court in the position of undertaking by
itself to shield its officer and its at
torneys against an investigation of
charges under which no man can stand
up and face an honest community.
The paper is full of false assumption
from end to end, as can easily be seen
by reference to the facts heretofore re-
cited. They undertake in the paper
last quoted to say: I'VE can offer proof
under this order only to the charge for
compensation that is both fraudulent
and unconscionable. We haYe no al
legation of such charge in our petit
ton, therefore We can offer no proof
whatever on the subject of oompensa-
tion," when the fart is, their original
petition, in so many words, charged,
: That the amount of compensation
$25. 900 claimed by said receiver. for
his individual services is grossly ex-
horbi,ant, excessive and unconscion-
able" And it will be seen that in the
order made by the court and COM
plaiued of by the petitioners the exact
words
FRAUDULENT AND UNCoNsIONABLE"
are used with reference to the charges
for compensation by the receiver. The
paper has no place whatever in the pro-
ceediugs; nothing is asked by it. 1t is
wholly voluntary and grstuitous, and
was evidently only for the purpose of
putting in studied phrases and in writ
ing contemptuous and insolent Ian
guage.
1t is impossible for this court to main
tain its integrity and pass by without
notice and without action such con-
temptuous proceeding as these petit
TONERS have been guilty of, and we are
of opinion that this court should issue
written notios to each of the persons.
Rudolph Alff, ]. F. Millspaugh, L. q.
Goliath and T. G. Bailey, requiring
them to appear before this court, on
tomorrow morning, January both, at
10 o'clock am, to show cause why
they should not be
PUNISHED For coNfEMPf;
and in case they fail to appear, the
clerk shall issue writs of attachment
for their arrest, and to bring them
forthwith before this court.
J. w. JUDD.
Judge.
SANDFoRD G. J., and
HENDERSON, J. concur.
FOREMAN l. dissents