The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-02-17

receiver has handled vast amount of
property as an honest and capable man.
1t is pleasure for me to say that [ BE-
lieve he has gained by this Investigation
after all the lnsinnations of fraud mis-.
conduct and dishonesty. The evidence
shows that he had nothing to fear from
a thorough inquiry. The prosecution
claim that they have proven certain
facts. The attorneys tor the court have
been fair and courteous, and at the
same time have ably and completely
performed the labors upon them. /
claim that there is not cintilla of evil
dence which goes to show gross negli-
gence, or that the court was misled.
The petition for compromise set forth
the claim of both parties; therefore the
court could not possibly have been mis-
led. There was grave doubt as to
whether the government could have re-
covered one cent. Upon this state of
things the advice of the court was
asked. That
THE COURT WAS NOT MIsLED
is shown by the testimony of Justice
Boreman, who stated that he never
understood that full value was being
received for the property. There was
no misstatement of facts by anyone.
In view of the testimony given in this
case, the receiver and his attorneys
are entitled to credit for the compro-
mise, for they certainly got the large
end of the bargain. The receiver acted
under the advice of his counsel; if he
had gone contrary to this advice and
gone on with the suits and the titles
been sustained, as l believe they would
have been, he would then have been
open to the charge of misconduct in
office, but the present situation pre-
SCENTS an entirely different view.
AS to the renting of the sheep the
contract is shown to be a fair contract
for the receiver The evidence of the
best men shows that the rental
was fair for the grade of sheep under
the circumstances that existed. The
band of 25 900 was leased at this rental
to responsible man. He was in posi-
ton that he must lease within short
period of time; if he had held for
higher prices and failed in doing so, or
had leased to irresponsible parties, he
would have been open to the charge
made against him, but cannot be made
so under the course he did pursue.
The testimony given rebuts every in
of negligence.
We have met and overwhelmed every
insinuati0n of lack of business ability
and proper care in this matter. But
the charge was that there was collu-
sion; that there was a fraudulent con-
tract; in short, that dyer was dis
honest There is not scintilla of
evidence to indicate anything of the
kind. There is
NOT TRACE OF BAD FAITH
in any part of the transaction. The
charge was that Pickard and Dyer
combined to the injury of the fund, and
the charge has been disproved. There
was nothing on which to base it.
AS to the $3.50 600 worth of property
that was compromised for $75 600, it is
5 ated that the receiver made no proper
search for that property. The question
of confscatlon of church property
was under public discussion The
church was thus notified of the
Efforts that would be made. 1t is a
matter of history that there are few
people who have been more fai thful to
their own interests than have the
Mormons. 1t is to be supposed that
under this condition the property
would be gathered together so that 1t
could be siezed by the receiver? Not
for a moment. On the contrary, the
church was preparing for the struggle,
while the government was publishing
from the hos setops that it was going
to take the church property. TO meet
this the church disposed of its prop
erty on a secret trust. The Mormons
show they are willing 10 trust each
other to the full extent. 1 doubt not
here is property on secret trusts that is
IS yet unheard of. The church agents
we're ready, and before the law passed
they msde their assignment of prop
The government waited for months, SO
The people had time to get rid of the
Away in the fall a receiver was ap-
pointed to gather property which every
This property was inventoried at far
above its actual market value
AT TITHING PRICES.
There was molasses, honey, wheat,
-four, butter. pc, atoes, hay, etc, and
some Office furniture. Nearly 500 600
Of this property was perishable, while
The actual worth of much of the re-
% ainder was far below its listed value.
Suppose the receiver had commenced a
lot of suits for property that could not
be found. and that was worth nothing
il it could be, would there not have
been just reason for cry of wasting
the funds? This property is not the
best, but 80 per cent of the inventoried
value, turned over long before the suit
was commenced. There were Sl4 500
worth of sheep in the inventory. The
receiver has secured $45, 900 worth, and
should receive a credit of $4,000 gain,
counting the sheep at 81 so per head.
There was question as to the legality
of this proceedin., for cheat OF pro-
perty, and Chief Justice Zane rendered
a dissenting opinion to the effect that
the receiver was not warranted in his
manner of getting the personal pro-
perty; yet they come now and say he
has not done enough in this same line.
The receiver employed P. L. Williams.
and there is no man here who would
even suggest that he could be swsyed
from his purpose for any love which
he bears for the Mormon Church.
There have been many charges but
none go to that extent.
The receiver was advised by his at
torneys, and by the highest law officer
in the land to accept the compromise,
and he did so-the only proper thing
for him to do. Over $750,000 in pro-