Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-10-23

., he reported TO the court Tor &c
oo +liRaflIsei as above set forth. Mn.
S,ope. Commissioner.
VII.
Thai the sum received for said
Al nroperty, to-wit, SS4,655.l5, is
- than one-halt of the real value
- said property as it existed on said
IN day Of July, ISIS,
Refused. ". y, Stone, Commits
siuDer.
Inst upon entering upon the dG-
tsies Of his Office, November 10, 1887,
AZ Receiver found that on or about
Vine 18Th day OF February, 1857, the
iate corporation had in its possession
,,ertqin personal property, inventor
led at S35S, $50, and that the zane
hsd teen, on or about the date last
mentioned, transferred 10 the vari-
.,YsSfake associations, sO-cRlled, cor
p5ations throaShout the Territory,
-,me twenty In number; that THERE
,,.ivPr hsd reason 10 believe, aud did
g..iieve. these so-called Stake associ-
etious 10 he Illegally Incorporated,
.rui had reason to believe, and did
Fe;ieve, that they could not take
cF!e, nor bod possession of, the ,pro-
o-rty Sc transferred, or pretend
al - DC transferred, TO them,
or tie 18th day Of February, 1857.
That in the month OF April, IsSS
the Receiver came into the posses
sion OF certain documents, which
showed the fact TO I've that Of said
sim Of S26S. $50, about $4,000 was
represented by live stock of various
kindS and description in various
.COunties in the Territory. That part
of said sum vas in cash, to wit, the
-Im ofS-; that part of said sum.
90 wit, s., was OF perishaelc ma
.erial such as butter, esss. meat
'.hsese, etc; that the bslance, to wit,
s. consisted of hay, grain, Ium,
Ter, merchandise, ofii.e furniture.
etc.
That the Receiver negligentIv,
and from want of due care. failed
% take into his possession anv of
-sSl1 property, or % take any steps
20 obtain possession Of the same
rom November 10th, 1857. when re
qualified as such Receiver,until Nav
Ia. ISIS; that thereafttr he took no
adequate steps 20 obtain said prom
erty or any part thereof; but, On
July 9th, iSSS, compromised his
claim aud the claim OF the United
states 20 the same for the sum of
$4,000. That on the 9th day I'll
July, ISIS, and Subsequent 70 said
-sth day Of February, ISSf, much |
o; SAID property had been wrong
July consumed, which fact was
Known TO said Receiver, and he |
7egiigently failed to take any stems
% recover the value thereof from |
lTie parties so wrOngfully consuming
the same, nor TO ascertain whether |
-aid persons or corpOratiOns were
-2l,le to respond i1 damages.
Refused Because the matters set
forth in this proposed finding have
been passed upon and determined |
by the Supreme Court by its de-
clsion and decree rendered March |
20, lSS9. NJ. y. Stone, Commits
SIJner.
That after the appointment the
Receiver made no effort to find or |
take into his Possession the said |
property, agCregating S26S, 9S2. ex-
CeptiRg Is fallc~ VI: That he notified |
his deputy marsnals throughout the |
Territory that IL, In the prosecution l
~ their ordiuaEy duties, they dis
covered any petition thereof, to nOti- |
y him; that he talked with tine de-
feniants and made formal demands |
for the said property that he talked |
with various parties in salt Lake |
City, inc hiring Of them information /
concerning said property: that on
s1ay IL, lSSS, he, for the first time, 1
sent IN agent out 70 look for this
property who was absent four DAYS |
Ssad went TO three counties; that in |
June, ISIS, he sent the same agent |
TO San Juan and Emery counties
who was then absent a few DAYS but
made no adequate search; that il is
uIJbabie a large part OF said prop
sgty or its value could have been
sound and recovered If said Re
ceiver hsd made due search within
a reasonable time after his appoint
msnL and that his delay TO search
fg- the same was unreasonable; that
during all this time the Receiver
vas actively engaged in performing
che duties OF United States Marshal
Tor this Territory. but fails 10 show
what proportion Of his time such
duties CEacted-
Refused for the reason that the
matters set forth in this proposed
nEllng have been determined by
the Supreme Court by its decision
anu decree rendered March %, 1859.
VI. y. Stone, Commissioner
NJ.
That on OF about the month of
September, lSSS, there came into
the hands Of the Receiver $1,000
sheep, delivered to him by agents of
the late corporal on OF the Church |
81 Jesus Christ OF Llt.er-day Saints;
sha. said sheep were scattered |
through various parts OF the Terri
tory and in various bands. OF said |
sheep he leased 10 one w. l..
ricksrj, OF SAT- Lake City, a
surety on the bond Of said
Receiver, $3.50 sheep, fo- the sum
OF % cents per head; the said Pick
ard not being In any manner bound
az all events to make good 70 the
Receiver the original number de-
livered b him. That said lease was
made without sufficient notice TO
the public, who might wish to lease
he 80 I
the same We're leased were less favor
able than those which, by ordinary
diligence and caution, might have
teen Ubtiined. That the obituary
aud customary rental for sheep such
n those leased by the Receiver and
under similar circumstances was, at
The time the same were leased, 80
cents Der head, the lessee agreeing,
&. all evelt-, to return the original
number leased. That in so leasing
he said sheep 70 the said PickRrd,
Ip1n the terms aforesaid, the Re
;eiver acted negligently and with
lut ordinary business foresight aud
prudence.
Refused for the reason above set
'orth. N. y. Stone, Commissioner
MI.
That the Receiver nal reason 10
and did believe, that there
we're various parcels OF real property
i.uated ia different parts Of the Ter
.itOry, used. held and controlled by
he late cooperation on or prior 10 the
nd day OF March. 1851, the title to
which was held, and is still held, 10y
-arious parties upon secret trusts for
le benefit Of said corporation; and
hat he had reason to belieye.and did
that bringing appropriate
actions, the possession Of the same
Guild be recovered by him; but that
ne negIigentIy and wilfully omitted
% investigate SAID parcels Of proper
y, or u take any steps TO recover
he possession of the same. That
here is reason 10 believe that prop
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