Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-07-12


arose and stated that he desired Il
file a claim for fees as counsel fol
the receiver In the Church case
from November, lSSs. The claim
Is for $1,000 per at1nnn. Mr.. vii
lisnis has alftsdy received = 800 o.
this account since the las: allowance
made to him.
The next action Of Mr.. William.
was in regard to Judges Zane and
RosbOrough. He presented tine
following document TO the court:
In the Supreme Court OF the Ter.
ritory OF Utah.
The United States OF America.
plaintiff, vs.. The Late Corporation
The Charch Of tesiis Christ Of Lat
ter-day Saints, ct. al, defendants.
The undersigned attorney Of the
receiver in the above entitled cause.
in connection with his application
herewith filed, fDr an allowance a.
counsel fees, hereby objects TO
the Honorable Charles $. Zane,
the Chief Justice of this cour;
taking part in the consideration
Of the question Of said allowance.
for the reason that on a prev Gus
| occasion he was counsel in certain
matters connected with this cause,
and involving the question Of COM
! pensatiOr q! the Undersigned As
sach counsel, and that as such at
tOrney the said Charles >. zane did,
asappears by the records and files Of
this court, express an opinion upen
the subject Of such compensation,
and was. as the undersigned is in
formed and believes, employed and
paid a. counsel b oppose the allow
ance Of compensation to the under
signed herein.
p. l.. WILLIAMS.
Next came these aflidavits:
In the Supreme Court Of the Ter
ritory Of Utah,
The United States OF America,
plaintiff, vs.. the Late Corporation
The Church Of Jesus Christ Of Lat
ter-day Saints ct al, defendants.
TERRITORY OF UTAH.
County Of Salt Lake.
Frank II. Dyer, being duly sworn,
depOses and says that the Honorable
Charles ;. Zane, Chief Justice,
presiding in this court, was at one
time an alto ney engaged in GER
tain matters involved In the above
entitled cause, as appears by the
records, proceedings and decisions Of
this court herein, TO which reference
is made for the purpose Of specifying
such competition. That ht was, a
affiiant is informed and believes.
paid Is such counsel. That while so
engaged, he did, in open court, ex-
press himself in opposition 10 auG
hostile To the management by this |
atliant Of his said feceivership, and
exhibited personal hostility 10 af- |
faint.
Aiiiant further states that he has |
reason 10 believe and does believe |
that the said Charles :. Zane is |
biased anu preiudiced against him
and for that reason he ought not a.
sit, take part in, consider or decide |
upon any questions in connection /
with the said cause involving the
actions Of this affiant, as such re-
ceiver.
FRANK II. DYER.
In the Supreme Court Of the Ter
ritory Of Utah.
The United States cf America,
plaintiff, ". The Late Corporation
The Church Of Jesus Christ of
i.atter-day Saints, ct. al, defend
ants.
TERRITORY or UrAH,
salt Lake County.
Frank II. Dyer. being duly sworn,
lepOses aud says: That he has rea-
son 10 believe and does believe that
Joseph u. ROshoTJugh, heretofore
appointed examiner by this court 10
inspect and report upon reports and
sections Of afiiant rs receiver in the
Above entitled cause, Is personally |
IufrIendly, hostile and prejudicel
against the afliaut. That formerly. |
and until about two years ago this
if1iaut and saii ROsAOrUugh were on
very friendly terms, and that about
hat time, for some reason unknown
o ailiant ami continually since, the
aid EO-bJr0ugh has shown con
inual hostility and unfricndliaeSS
. ailiIut, and since that time has
not spoken to aiiiaut or recognized
aim even when casually meeting.
That neither aiiiaut nor his Coun-
ri were present in court when the
aid appointment was made, had no
notice thereof and no opportunity !
o make known 20 the court these
acts previous TO this time.
That in view Of the afOres said fact I
Ifliant respectfully submits to the
curt whether the said RosborOuSh
Iught % he continued in said office
4 examiner.
FRANK II. DYER.
Both Of the atiidavits were sworn
o before II. g. Mcmillan, clerk Of /
he Third District Court.
The judges looked AZ each other,
nd frown came over Judge
,3ne's CUuntenauCe.
Mr.. Nariau said lie would like to
ie heard on these subjects, and was
informed that written suggestions
would he received from him.
The court then took recess till this |
fte!noOn, when the arguments in
he case Of tine SOcietie des Mines,
.tc., vs.. r. Macintosh were taken
II.