The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-22

=
tition. The question of the amount OF
compensation that should be allowed
the receiver is only incidental to this
Investigation. That question will come
before US for fuller examination when
we come to consider the report of the
former examiner Judge E. T. Sprague.
Its purpose in this investigation is to
show whether the receivers claim be
unconsciunable or not. Ii it be so, the
court should know it, not, perhaps, to
Tx what his compensation should be,
but to enable the court to know whether
the receiver has been acting in good
faith with the court. If he has not,
he should be removed. Evidence as
to his compensation should be al
lowed so far as it may, even in the
remotest degree, show misconduct on
the part of the receiver, as charged. or
that any claim he may have made is
| unconscionable or fraudulent. These
charges of fraud. corruption and mis-
conduct in the Office of receiver and of
his attorney s are SO grave and serious
| that the court cannot and will not pass
them by and the parties making them
will be allowed ample time and oppor-
tunity to substantiate them if it can be
done; and the respondents will also be
/ defend themselves against the charges
and to introduce evidence bearing upon
their exoneration. It has been claimed
and argued that the petitioners are pre-
pared to substantiate the eharses they
have made, and the parties charged
have been equally positive that no such
charges can be substantiated, and that
they are prepared to show them selves
entirely freq from them. It is to DE
hoped that all parties will now improve
the opportunity again offered to bring
out all the facts in the matter. The in
vestigatlon to be satisfactory must be
searching and complete, no matter
what the result may be. Counsel
! should keep this fact in view through
out the whole examination. The
court will insist that these charges be
sifted to the very bottom, and there
should be no delay or obstruction to
such searching examination. The par
ties charged are officers of this court,
and the court owes it to itself that the
examination shall be thorough, and will
be satisfied with nothing less. Counsel
on both sides should endeavor to aid
the examiner and the court with that
view. If any witness refuse to answer
any question of Importance, the cues
ton could be waived for the time be-
ing. and allow the examination to pro-
coed as to other breaches or charges
set forth by petitioners. The doors
should be opened to the fullest extent
and even if necessary go to the
very verge as to competency. OF course
matters in no way connected with
the charges made. ought not to be
brought in, but all that is competent
should be brought out. The court is
confined to evidence upon questions in
issue and cannot go outside to in
vestigate extraneous matters and such
as are not connected with the charges
made. But the charges are broad and
specific and if they be sustained by
evidence no addition or outside mat
tiers would be necessary, for If the
charges as made be true, the court
would not make any allowance of COM
pensation to the receiver or to his
would De taken by the court.
The new order, embodied in the
opinion of Associate Justice Henderson,
and which is to be entered in the case
as to a resubmission of the matter to
the examiner, conforms substantially
to my views and will give the fullest
opportunity TO introduce the evidence
as to the alleged unconscicnable or
fraudulent character of the claim of the
receiver for compensation.
ANOTHER LITTLE TILT.
At the close Of the reading of Judge
Boreman's opinion, there was silence
for a second. It was broken by Mr..
Hobson, who said that as the repre-
sentative of the government he had no
faith in the charges that had been
cou lsel, still he felt it incumbent upon
MIN to be present at the hearing, and
would like to have it set for about the
18th.
JUDGE ZANE thought that as the pro-
ceedings had undergone q change, he
would like to consult with fine trustees
interested in the matter before he de-
clded what course he would take in the
matter. The trustees were not before
the court for the purpose of enforcing
criminal prosecutlon-that was a mat
ter for the government; the only object
Of his clients was to preserve the fund;
outside of this they had no interest in
the matter. If this examination is
made, however, ample time should be
given to go into any and all misconduct
on the part of the receiver. Under the
order of the court, as he understood
it, the petitioners would not be- able
to introduce any evidence, because
they would be restricted too
much. In legal sense, cor
ruption was not charged; neither was
fraud; if the sheep were leased for 20
cents per head instead of 40 cents, such
an action might have taken place with
out any fraudulent intent-it may have
proceeded from lack of ability on the
part of the receiver. If we go on, we
want to investigate the charges against
| the receiver as such. he did not take
kindly to the modified order.
JUDGE SANDEoRD-You want to con-
suit with your clients. How long will
! that take your
ZANE-I can be ready by to morrow
morning.
HUDSON said he would be able to be
here on February 10Th or March 18th.
He statsd candidly that, on behalf of
the government, he should file bill of
exceptions to the report made by the
late Judge Sprague. and should oppo q
he allowances made in that report.
| ZANE saId the trustees lived at some
distance from here, and he would not
be able to see them before this morning.
poUrpo did NOT want INV mia0ndor-