Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-19
THE DYER EXAMINATION.
Does the Finai Decree Rstop Pur-
Suit Of Property!

q SUI Was sNOfu III oeualt OF Mr.
: Dyer. He testified that p. L. vii
liams was an attorney OF excellent
standing aud ability, and compc
D tent to act as the legal adviser of tbs
receiver.
Mr.. Williams resumed the stand
and testified that neither the receive,
nor his attorneys had anything "a
do with the settlement between tbe
Church and the government for
. the purpose Of obtaining \
hnal decree. Hemad- this VERY
explicit and emphatic. Witness
understood that, notwithstanding
the final decree, the government
n'ght continue to pursue groperty.
Hal read the inal decree lately
with care and he now considered
u q grave question whether or no.
I the government hal 4 right % nur-
sue other property; the decree did
not reserve that right to the govern.
ment unless by Implication: if 4.
was the design 70 reserve such a
right a mistake was made In draw.
ing the decree; the mistake is o,,r;
batable to Mr.. Ho..son or Mr.. e.
or both. eis'
lie witness further testified. Tho
| receiver and myself have n rta.g -.
tls mai decree was reudsr,,t. on
the theory that proDerty could AIN
/ oe pa osGed; that Judge Iape. a. a.
tcrney for the school iTI,s,,..s
pleaded at ths bar of tbe Territorssi
supreme Court, that the final Dc
cree was an estoppel en- the further
pursuit OF property. This led 10 the
consideration OF the matter by the
.eeeiSer, myself and Mr.. Peter
Inc latter held that the decree Wa
not an estoppeL Mr.. Peters rever
numated In my uSeAenrn
That II had been arr...,i
20 dismiss tho Ogien suits: / have
never been instructed by the de. |
pariment OF Justice TO dismiss them.
they were planted in May, ISsS; on,. 1
reason why they have not hen
pushed was because they hare never
been regularly reached on M
equity calendar, and the re,eiv,.r
Aod myself preferred TO try them
before the court rather than have
them go before a referee; while he
never asked for a continuance. The
receiver did take into consideration
the fact that. il the decision ~ IN.
United States Supreme Court w-e--g
made before they were trR-.. and n
II were in favor OF tfe Church th,.
expense OF the suits would be savsI.
1 don't Think the delay will NM
Judice the government in obtaining
the property, ii 1t j. entitlc1 to i,si
all.
Returning r. tire decnee in ,ba
case OF tas receiver vs.. III. : 81
1relge ana it, ef'ct upon the
Council House property, witnC
stated that in his opiuion, the dc.
cree might well Oe pleaded in bar to
an action by the government 10 r..
cover that property; the decree 20 !
lar as 1t affects that property, ought
10 be amended; 1t Is incons;steDt
with the proof submitted 20 the
court The reason why the Ceancfl
House corner was omitted from the
was because the Church
reused ID pay any sdu,
If money in lieu Of &c. the
scientific association were satisfied
With their utle, and refused 10 nav
AMI the Receiver refused ,
Q foreso any night he might have
, seize il, however shadowy. Thus
he issue was left % be determined
~ litigation. II. 5. Eldre,Iss r1n.
Keyed that properly - the bitsrsrs
md Scientific Association. Oct. &
$50, but / think they bad pos session !
wo or three years Lefore that. IN
Ter some sort Of a contract. / DOM
now why the property has not
,een improved; my belief IS iulaE :
ne conveyance was 4 fraud. and ;
hat tue reason why the pssrestv !
5 not improved l. het.s,, I. /.
Z fear that the government may ,,
ecover II; u Tue bottom facts could =
= reached, | believe il is Church {
roperty and subject TO escheat. | :
hink suit 70 recover il ought 10 hs :
lantCl; it is worth from 81 .Ol0 . :
30, 600. I
The reason why the S75, 900 COM =
remi.e for personal property was =
OF laid before the court for its AZ :
r0val before consummaliOn. IVES :.
ecause We did not deem IL r.l-r-s- ;.
lry to ask the court whether we y
lOuid take SIS ,er0 or noibinq: re.
inning that there could he nJ'uucs- y
on IS TO what We ought 10 do.
10 Judge Judd-It wss in October ~
50 that We first learned of the e. -
tence OF the SOS, Goa worth OF 4
eusOnal property, it WIS turned over y
: The Church % tire various ST Z. ~
February iSST, riSht months BE- =,
re we knew anything about IL: -
e could not then ideniity the =;
lickens that had been hatcbr =.
ON the eggs and the butter IVES n,
cry stale if not elt.n up; the honey -
as strong and We knew nothing OF =,
lie brands on the cattle. ~
Bishop J. r. Wiuder was ex- a,
mined by Judge Judd. Haveaci 7 -
! behalf OF or as ageut for the - -
hurch; took the course advised 10y -
Gnsel for the Church; ia Oclob r ~
IS / paid a not., given To the
ceiver, for Sl57, 900, the price Of 4,
operty that had been comprom- 4,
II; TO raise the money two n0lss of :,
0.000 each and one for $50 900 -
ere given 10 McCOrnick's bans; =.
c had also 10 borrow the SO, 900, "
2 have paid the first notes in cash -
ID other notes, but are still in debt =
account Of these sums Of money;
E receiver demanded 5000 head q,
sheep, and 70 make up the num- -
7 we ksd 10 borrow 5000 head. a.
lich we did. -.
To the cOuri-I was always OF -,
sed TO giving SO, 900 in lieu Of the ~
rsoual property; | wOLld rather ~
We Jet the receiver take his chau-
5 on recoy eIiDg IL; suits 3,
Il would have been -
infested at every point, because a.
e property had been iransferry by -
e Church; very large proportion H.
The pIore.tymust have been con- an
med; the property YVES invea- -
led at very high figures. wheat -
ing put at Sl.01 per bu bel when g.,
{ - cents could have been rPali-ed -
Of it, ai,cr transp0rting ii; Tor NJ
tie inventOrici at $50 Ter head, m.
: receiver offered, aiser they we've 10
.hered from Remote points, SO ii
: head; / can't think the whole a.,
$. 900 worth of property would n,
ye brought 80 cents on the dollar; n Z
the time It was turned over 10 Of
Strikes; ii consisted largely OF In
Ice furniture in 600 or 100 differ
. offices; the produce and live TO
ok, etc, We're valued high, ut
hing or donation prices; was
used 10 paying the S75, 200, but | -
ierstood the respective attorneys us
4 agreed upon a settlement with IN
government which required 1t. -
Ii understood this transaction W