The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-04
The Objections Made by Brown in Reference
to Judge lane--The Offer For the
Gardo House,

and might or might not be escheated, &C
cerding 10 the merits of each case.
A discussion ensued as to the propriety |
of taking testimony on the legal issues IL |
yolved in the subsidiary suits, between |
counsel and the court. The latter decided
20 proceed far enough in that direction TO
ascertain whether or not the receiver was !
responsible Tor the compromises and agree /
lnents that were entered into.
Arthur Brown insisted that neither this
referee nor the court which appointed him, |
had any right to criticise any agreement
entered into by the government through It's
solicitor-general Mr.. jerks, and lie thought
any testimony in that direction improper.
The witness again narrated how Solic-
itor-General jerks had urged that the
church turn over its property for the pur
pose of a final decree: how the government
attorneys had insisted on having good
deal Of property which the church had
sold; how the same was recovered by the
church and turned over for the purposes OF
a final decree; how abstracts of Titles to
the temples and tithing properties in the
various stakes had been submitted to So
iiciJor- General jerks, and also the charters
of the corporations owning them, and how
he had concluded that the church had no
title to them.
Mr.. Dyer was placed on the stand and
examined by Mr. Varian respecting the
Sill 600 he had used of the fund, and repaid
with interest; but nothing OF moment was
disclosed.
The commissioner then questioned Mr.
Dyer, who testified of the efforts he made
to find property by sending agents and
going in person to various parts of the ter
ritory, searching records, etc. He planted
suit in Ogden to recover the timing pop
erty there. claimed by local corporation
as test case, intending, If victorious, to
institute others in various parts of the ter
ritory. Before MIR. Peters and Solicitor
General jerks agreed to the statement of
facts, they both had as full information
relative to the tithing properties in vari
Gus parts of the territory, as any man
living possessed. l furnished part of
the information. The government
attorneys knew that l believed
the church had property not named in the
statement of facts. at the time they agreed
to it. Expected to push the Ogden suits to
Judgment and never heard till yesterday
of the alleged agreement to have them dis
missed. The church attorneys never ap
piled , me TO have them dismissed. The
reason why they were not prosecuted was
because there was disposition all around
to await the decision of the United States
supreme court. l retained Mr.. Dickson
last spring 10 push them as soon as posi-
bic. One reason they were not pushed
was because the expense would be a loss in
casa the decision of the United States
srpreme court should be adverse to the
government. The reason / did not bring
suits in various parts of the territory at
the time | did in Ogden was because my at
torneys advised me not to- and told me that
the futd would lose nothing by awaiting a
test decision in Ogden, but might lose much
by pushing many suits.
The matter of the S75, 900 compromise for
personal property was being investigated,
when Arthur Brown, who had been out
and just returned, after catching the drift
of the commissioners questions, said:
Your honor, | object to these questions
object TO going into any matters that have
heretofore been investigated under the
order of and passed upon by the court. The
record shows that Charles S. Zane. ESQ.
was an attorney in a contest respecting
matters now sought to be gone over again
here, and the fact that afterwards the same
Charles S. Zane became chief justice does
not change the fact that he was and virtu-
ally is still party to some of the issues in
volvei Under no guise can Charles S.
Zane attorney, make valid order of court
involving those issues. The order of the
court appointing this commissioner and re
curing this examination, is null and void
i object to the proceedings OF this court as
whole; it is no court at all.
Commissioner--Your objection is over.
ruled.
The commissioner questioned Mr. Dyer
at great length and minuteness regarding
the So, 900 compromise, but failed to elicit
anything new.
Judge Judd offered in evidence the
opinion of tue territorial supreme court in
which that compromise was approved.
Mr. Dyer stated that he often talked with
members of the territorial supreme cour
about matters pertaining his receivership
except Judge Zane. He and didn't speak
The members of the court were kept fully
informed by me as to what was doing.
Commissioner The property known a:
the Council. house corner was excluded
from the statement of facts What fla.
been done about iti
Witness-It was held by some one, I for
get who who decided it o a scientific asso
citation. | believed that the transfer wa:
invalid because without consideration, bu
nothing was done to test the title. 1t wa.
deemed doubtful about the receiver sue
ceeding in a suit.
The witness narrated tine circumstance
under which be employed MIR Peters. an,
this matter was inquired into IN detail.
The witness testified that Mr. Peter
never acted for him, nor under his author
ity, in any agreement entered into witt
the church attorneys. Anything done b,
Mr. Peters in that line was as representa-
tive of the government
LctJrauu OuuR requested anu was plyel
permission to make a statement. in regar,
TO the agreement, that the final deere
should end the pursuit of property. H
could not assert that Mr.. Peters eve
specifically agreed that all subsidiary suit
should be dismissed, but there were con
versations and a general understanding I
that effect. The circumstances OF the cas-
also naturally led to the conclusion tina
such would be the case
This mint q rappce yyae tolray, ,,14;l
pm.
Upon reassembling in the afternoon. Mr.
Dyer was recalled and testified
In regard to the property in Florence
Nebraska which reported might be re
covered, would say that stopped a
Omaha last winter, investigated the matte
and ordered an abstract which / receive
here last winter. The property had no
been occupied by the church for somethin
like thirty years and being very doubtful
rs to whether | could recover. | gave th
papers to Judge Zane, with request tina
he would look into it, He took the paper
to Mr.. Varian and they were finally re
turned to me and filed with the court Tina
was all that was ever done in the matte,
The church quarry did not consider a
having any particular value as an assetan
as il was under a long lease | made u
effort to get possession Of it. ALI of M
transactions as receiver from the time @
nay appointment until my resignation. ar
set out in my Reports. leased the Gard
house for one year, subject to the order Q
the court, for SIS per month That was
low rental. but it must be considered tina
the church employed a Waterman and tn
house was unoccupied. / could have lease
for more money for a lodging house, an
one party offered q large figur
for it for the purpose q
running it as a house of prostitution.
brought the matter before the court after
o.x<7 had or1or MAD,