The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-16
THE CONTEMPT CASE.
The Arguments in the Su'
preme Court Yesterday.
ZANE AND POWERS AT 1T.
The Matter Submitted and Taken
Under Advisement-TheH endrick-
son Habeas Corpus Proceedings.

There was quite q large attendance
when the Supreme Court opened yester-
day morning. Inside the bar were
several of the more prominent attor-
neys, and the space allotted to specta-
tors was nearly filed. These had been
drawn out, doubtless, by the belief that
there would be some sensational OF
racy developments in the matter to be
heard-that of rule being made to re-
quire Receiver Dyer TO answer certain
questions, or show cause why he should
not be punished for contempt.
JOHN NJ. ZANE
opened the ball. He read the notice Of
motion served upon the attorneys and
heretofore published in THE HERALD
wherein the petitioners asked that the
receiver appear and show cause; and
also that a date be fixed for further
examination before Examiner Hardness
or someone else. He also read the re-
port Of Referee Hardness, seciting the
| fact that an examination had been
held: that it proceeded until Dyer, by
advice of his counsel, refused to answer
certain questions, which he ruled were
| proper, but said that he had no power
to enforce an answer. The attorneys
for the petit oners thereupon refused to
proceed, and he closed the examination.
Appended to this report, was the evil
dence OF Mr.. Dyer, as given before
| the examiner, which was also read
Zane said the objections made by the
attorneys to the receiver testifying were
miserable in the extreme. They had
no right to instruct a witness not to
answer; that was the duty solely of the
referee. We ask that the Witnes either
| be required to answer the questions, or
else be punished as for contempt. Our
main object, however, is to have him
answer, and place him in a position
where he will not be able to end the
examination when he chooses. The
examination before held was a miser-
able farce. There was nothing before
the court now upon which the question
of compensation could be based There
certainly seemed to be something pc
| culiar about this matter of com ensa-
ton. The very objections that they
make prove that there is something
that cannot bear investigation. We had
supposed all along that there was no
doubt as to the issue, and we never for
moment imagined that any other
view would be taken.
JUDGE POWERS
! followed. The motion submitted, he
said. by the other side vas dual in its
nature. First, they asked that the wit
ness, Dyer, be compelled to answer, or
be committed for contem ot, and second
that time be set for further examiaa-
ton. Some time ago the question of
compensation of the receiver and his
attorneys came before the court; Judge
Zane asked leave, in behalf of certain
school trustees, to intervene; the re-
quest was denied, but as certain charges
had been made against officials of the
court, an investigation was ordered.
In the course of the investigation the
attorneys on the other side evidently
misapprehended the scope of the in
Yestigation. At the very outset they
conceived the idea that they were con-
tinuing the examination held before
Examiner Sprague. They jumped into
the arena with the evident feeling that
the court would do some hing they
ought not to or not do something that
they should do. They misconceiVe the
scope of reference to the examiner, and
evidently believe that the question
of compensation was referred entirely
to them. 1t appears that the receiver
is also United States Marshal, and in
their examination they asked him
whether he was not the owner of fast
horses; whether he had not entered
into corrupt bargains with certain
merchants, and whether he had not
charged the government too much
for potatt eI. These charges were
not contained in the petition
The charges are that the receiver mis-
lead the court ia compromising of GER
tain prices of real estate; that $75 200
had been received for property worth
50 900; that compromises had been
made for smaller sums than should
have been received; that 80, 600 head OF
sheep were leased at Zoe. per head, when
he should have received at least 40c.
per head; that he had employed the
district attorney and commissioner of
schools as his legal counsel; that the
amount claimed is excessive, etc., etc.
All of these charges had been answered.
They started in with the idea that they
had the right to cross-examine the re-
oeiver; that they were continuing the
examination before Judge Sprague,
| and with that idea they proceeded
to cross. examine the witness Dyer.
When he questions asked we're refused
by the receiver, they dropped the e1-
animation then and there. They run
against snae and said they would go
no further. Upon the opening OF the
examination j Judge Mcbride offered to
make a stipulation to be governed by
the rules of the examiner. and just be-
fore the close the same offer was made,
and both were declined. We were
ready to proceed and wanted to pro-
coed; it was the other side who OBJ
ieeted. We were also excluded from the
right to put in affirmative testimony,
commencing on the Goth of December.
| Where were their other witnesses
Why didn't they bring them forth
We asked them to come down to the
questions of reference, but they failed to
do it. They seemed simply to be eaten
up with the desire to cut down some.
ones salary, but they produced no tes-
timony to substantiate the charges
made to the court. He then proceeded
to submit some fifteen af1daVits, from
various sheep men of the country.
II Il AAVT -