The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-02-26
Counsel Given Time to Get
Ideas-.-int0 Shape.
rWO DEFENDANTS ABSENT.
MIR. AIf ls In New York and Mr.. Bailey
in Bed-An Must Answer
Friday.

having. doubtless, assembled to see the
outcome of the school trustees con-
tempt of court. 1t was moi until late in
the afternoon, however, that the matter
was reached, and when it was called,
Judge Zane announced that he and Mr..
Baskin appeared in behalf of the gen.
tlemen in contempt.
BAsKIN-Mr. Bailey is confined to his
bed with iniammatory rheumatism,
Mr.. Alff is in New York, but is ex-
pscted home within few days. The
others are present.
JUDGE SANDFoRD-For whom do you
appear?
BAsK1N-For all the trustees, and
would like to know just
WHAT WE ARE HERE FOR.
1 am at a loss to know. There has
been no specific charge.
JUDGE JUDD-Well, it is to answer for
contempt. The court can set you right
without any trouble. The trustees are
in contempt-you may commence with
that.
BAsKIN-We are at a loss to know
jus. where we are. We have, so far,
not been informed.
JUDGE JUDD-Have you ever seen the
paper in the case2 The court has de-
cided that that paper is contemptuous
one. After that had been presented
they came into court and filed another
paper to purge themselves of con-
tempt. 1t is to that paper you may ad-
dress yourself.
BAsKIN-The only paper that 1 have
seen does not advise US of what we are
charged specifcally--
JUDGE JUDD-Ths opinion of the
court does.
BAsKIN--As to the question of con-
tempt, read from the second volume
of the laws of Utah, page 412: "When a
CONTEMPT IS COMMITTED
in the immediate view and presence of
the court or judge at chambers, it may
be punished summarily, for which an
order must be made, reciting the facts
as occurring in such immediate view
and presence, adiudging that the per-
son proceeded against is thereby guilty
of contempt, and that he be punished
as in section 1885 of this code pre-
scribed. When the contempt is not
committed in the immediate view and
presence of the court or Judge at
chambers. an affidavit shall be
presented to the court, or judge, of the
facts constituting them or a statement
of the facts by the referees or arbitra-
tors or other judicial officer" In the
opinion OF the court, they do not specify
JUDGE JUDD-Here is the opinion of |
the court; just read that and you will |
see.
BAsKIN (reading)-"It is difficult to
faced attempt to trifie with the court |
than has been attempted by the con-
duct of these petitioners They as
sumo the responsibility of making |
charges against officers and attorneys |
of this court, which were of such a |
character as no court could overlook. |
Every opportunity has been given TO
them TO have full and ample hearing |
to substsntiate the charges; and after |
that they come into this court with a |
paper whose statements are untrue and |
of most scurrilous nature, and couched |
in the most disrespectful language and
by inuendo, and almost by direct
charge, attic npt to put the court in
the position OF undertaking by itself to
shield its officer and its attorneys
against an investigation of charges
under which no man can stand up and
face all honest community. Is that
the
JUDGE JUDD-Proceed.
BAsKIN-"The paper is full OF
false assumptions from end to
end, as can easily be seen by
reference to the facts heretofore
recited. They undertake in the paper
last quoted to say: we can offer proof
under this order only to the charge for
compensation that is both fraudulent
and unconsoionable. We have no al
legation of such a charge in our petit
ton, therefore we can offer no proof
whatever on the subject of compensa
tion,' when the fact is their original
petition, in SO many words charged,
That the amount of compensation
$25 O0O-claimed by said receiver for
his individual services. is grossly e1-
orbitant, excessive and unconscion- |
able And it will be seen that in the |
order made by the court and COM
planned of by the petitioners the exact
words
"FRAUDUL ENT AND UNCONsCIoNABLE"
are used with reference to the charges |
for compensation by the receiver. The |
paper has no place whatever in the pro-
ceedings; nothing is asked by it. It is
wholly voluntary and gratuitous, and |
was evidently only for the purpose of
putting in studied phrases and in writ
ing contemptuous and insolent Ian
gusge. 1t is impossible for this court to !
maintain its integrity and pass by with
out notice and without action such a |
contemptuous proceeding as these petit
TONERS have been guilty of, and We are
of opinion that this court should issue
a written notice to each Of the persons,
Rudolph Aft, j. f. Millspaugh, l.. q.
Goliath and 7. O. Bailey, requiring /
them to appear b fore this court, on to-
morrow morning, January Both, at 10 |
O clock, to show cause why they !
8 lould not bs uni3Ee1 for contemp;
and in case they fail to appear, the
clerk shall issue writs of attachment |
for their arrest, and to bring them forth
with before this court.
JUD IL JUDD-Now, you see that they
have been adjudged for filing the paper.
BAsKIN-This is our complaint. The
facts of their being in contempt are
not stated specifically, and we think
they should be, so that We can answer
specifically.
JUDGE JUDD-The answer is on file.
You will conhne yourselves to that.
BAsKIN-1 would like a few days
4