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

Lake county, also IN uniiyided one
half interest in the lands situated ,"
Summit County, Utah Territory,
known as the Church Coal Lands.
The personal property received by
him consists Of sd i5S church sheep,
500 shares Of Salt Lake City das
Company stock, 4TS9 shares Of tho
Deseret Telegraph @ m sny's STOCK,
herdeI's camp outfitat Chalk creek,
cousistin- ~ horses. wagons, harness,
household aud kitchen furniture,
81. eS6 pounds Of wool; Office furnl-
ture in charge OF James Jack, SAT-
Like CITY: furniture in the Glrio
House: Office furniture purchased
and used by the Receiver, anu
moneys amounting to the sum OF
Ssii asa gO. Out OF this sum he has
disbursei, and received and ntcd
with the clerk Of the court Proper
vouchers therefor, the sum OF So4,-
ga - leaving baiance In money
, in his hands July Is, 1880, the date
Of the acceptance Of his Resignation,
OF s255. $50 "a. / find that all the
, real AMI personal property, incl,it-
ing said balance OF money, except a
poTtion Of the sheep. received by
! him during his rcceivership, has
been delivered 10 hts successor ap'
pointed by lie court Henry "
Lawrence, aud proper receipts
therefor taken and fled with his
final report. He turned over 70
Receiyer Lawrence 25,3lO head Of
| sheep, being sS4S head less than the
] ORIGINAL number received by hin.
The lcss Of n large number
Of them, together with n part
of their increase, occurred our
I ring the severe winter OF 1857 When
from unavoidable exposure about
1850 Of them died. At the Time
this is occurred a large number OF
/ the. sheep were, by orders Of the
cou heried by the Receiver. Un-
der such orders, he employed ex'
perieneed slieeD herder5 10 take
charge OF them; and from the evil
dence | find that he exercised all
/ psoper care ami diligence in looking
after and preserving them from loss
The destruction of SO large a mum
Der Of sheep was the result OF the
severity OF the winter Of that year,
and il occurred without fault Of
neglect on the part Of the Receiver
or any one. ..
| find that the sum Of So, 10,
dIsbursed by the Receiver. was pait
under tlie orders Of the court an
pointing MIN. That the balance o
disbursements. So, 55S.T5, wer'
made without orders directing hin
10 make them. VITA certain eX
ceptions hereinafter noted, they ap
near from the evidence 70 have beer
necessary expenditures made by hin
during the period Of his receivershiI
to enable him to properly manage
and preserve the property anu fundi
in his hands, and 10 efficiently pros
scute the various suits brought by
him under the aivice Of his attOr
neys to recover property claimed L
be the pro- erty of the church deien
dant. And ! am OF the opinion tina
all the items Of disbursements sc
forth in his final account, with suet
exceptions, should be allowed-
I lind that in July, 1880, tn
sum of $500 was advanced 10y th'
Receiver to p. l.. Williams, his at
torney. on account Of legal services
rendered. No order OF the c0urt
was made authorizing its payment
nor was any evidence presented I,
me on this examination showing u
to be q reasonable compensation iol
the attorney or proper disburse
ment.
The Receiver is therefore respon
sible for the amount thus paid, un
less the Court, after taking furthe
evidence, should approve the same
I find from the evidence and tn
accounts filed by him, that durin.
his receivership, from jan. !, ISIS
to the month Of June, 1890, he EN-
ployed rs his bOOkkeeper JAIME
Moffat at n monthly salary OF 500
He has credited himself in his &C
counts, and filed vouchers therefor
with the sum each month paid u
such bookkeeper.
Ii appears from the evidence tina
from the time OF the Receivers up
pointment until the close Of the in
vestigatiou Of his conduct beforl
Examiner Harkness, in February
| 1859. the employment by him Of
bOokkeeper was proper and neces
sary to enable him % efficiently per
form his duties. During such perio'
the greater portion Of his time AM
attention was necessarily given 9
/ the prosecution Of the various suit
instituted by him 10 recover tn
Church real AMI personal property
to the search for the investigation q
the titles to Church property in vari
Gus parts Of the Territory, and 10 th
examinations had before Examiner
Sprague aui Harkness. Withou
the assistance Of a clerk or bookkeep
/ er, during that period, fin
that he would be unahl
10 efficiently perform all his dutie=
as Receiver, and | am Of the opinion
that the items Of 500 per mnntl
paid to the boOkkeeper from Januar,
| i, ISSS, TO March !, lSs9, should b
allowed.
1 find from the evidence that afte
March /, 1850, the employment b.
him OF bOokkeeFer was unneces
sary TO enable him to perform hi
duties. After that date and unit
his resignation in July, 1890, hi
duties mainly and almost entirel,
consisted Of receiving the rents o
the real and personal property II
his hands. the payment OF the taXe
thereon, and the disbursement @
moneys expended by him in takin
care OF such property. The perform
ance Of his duties in properly keep
ing the accounts after the month O
February, 1859, could have requires
Of his time but few days in eael
month.
therefore find that the items o
500 per month from March /, 1859
TO June, 1880, amounting b tn
sum Of $3.50, paid to James MotIat
should either b. diSlllOWel or de
Quoted from the compensation ri
lowed the Receiver in the final at
justmeut OF his aceCuut'.
In disposing Of the funds in hi
hands 1 fini that in one instauc,
the r ceiver acted Improperly. Il
loss to the fund in his hands had re
suited therefrom his conduct woul,
have subjected him to the severes
censure. In his report filed July )
| 1880, it appears that ON April 35tI
that year he appropriated 10 hi
private use Sll, 900 OF tn. funls in
his hands as Receiver; that he use,
this sum in his private bushes
until June -, 1890, when he re
stored 5000 with legal interest, th'
remaining 5000 with interest being
returned 70 the fund by him on tn,
Goth day OF July, 1899. This use o
money held by him in his privat'
business was irregular anu un
authorized ani should not havi
been made.
In addition 10 the foregoing !
know Of no other matter or thin'
respecting which a statement Of fac
and conclusion OF law should b
made IL this investigation OF tn
conduct Of the Receiver. / there
fore respectfully submit this report
with the evidence and exhibits re
ferred to, to the court for its consider
alton.
return herewith and annexed
l barafn tf.. finIfno-z uronnzaH ny TN.