The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-10-24

matter noted, they appear from the evil
dence to have been necessary expenditures
made by him during the period of hisre
Ownership to enable him to properly man.
age and preserve the property and funds
in his hands, and to efficiently prosecute
the various suits brought by him under the
advice of his attorneys to recover property
claimed to be the property of the church
defendant. And l am of the opinion that
all the items of disbursements set forth in
his final account with such exceptions,
should be allowed. Fr.
~ find that in July, 1890, the sum of
81, 500 was advanced by the receiver to +.
l.. Williams, his attorney, on account OF
legal services rendered. No order OF the
court was made authorizing its payment,
nor was any evidence presented to me On
this examination showing 1t to be reason
able compensation for the attorney. or
proper disbursement.
''The receiver is therefore responsible
for the amount thus paid, unless the court,
after taking further evidence, should ap-
prove the same.
81 find from the evidence and the &C
counts filed by him, that during his recelv-
| ership, from January l, 1883, to the month
of June, $780, he employed as his book.
keeper James Moffat at a monthly salary OF
500. He has credited himself in his ac-
counts, and filed vouchers therefor, with
tho sum each month paid to such book
keeper.
at appears from the evidence that from
! the time of the receivers appointment
until the close of the investigation of his
conduct before Examiner Hardness in FEB
ruary, 1889, the employment by him of
bookkeeper was proper and necessary Tor
him to efficiently perform his duties Dur
ing such period the greater portion OF his
time and attention was necessarily given to
! the prosecution of the various suits inSti-
tuted by him to recover the church real and
personal property; to the search for the in
vestigation of the titles to church property
in various parts of the territory, and to the
examinations had before Examiners
Sprague and Hardness. Without the as
sistance of clerk or bookkeeper, during
that period, I find that he would be unable
to efficiently perform all his duties as re
ceiver. and l am of the opinion that the
item of 500 per month paid to the book
keeper from January l, 1885, to March
1889, should be allowed.
81 find from the evidence that after
March l, 1887, the employment by him of {
bookkeeper was unnecessary to enable hin
to perform his duties After that date an(
until his resignation in July, 1890, mis- dutie!
mainly and almost entirely consisted of re
ceiving the rents of the real and persona
property in his hands, the payment of tn,
taxes thereon, and the disbursement of TIL
moneys expended by him in taking care o
such property. The performance of hi
duties in properly keeping the account
after the month of February, 1889, coult
, have required of his time but few days il
each month.
/ therefore find that the items Of 500 pc
month from March l. 1889, to June, 1890
, amounting TO the sum of $3.50, paid t
James Moffat, should either be disallowe
or deducted from the compensation al
| lowed the receiver in the final adjustment
of his accounts.
SIN disposing of the funds in his hands
! find that in one instance the receiver acte
improperly, If loss to the fund in his hand
I had resulted therefrom his conduct woul
, have subjected him to the severest censur,
In his report filed July s. 1890, it appear
9 that on April 25 that year, he appropriate
r to his private use 81 900 of the funds in HI
8 hands as receiver; that he used this sum j
v his private business until June 25, 1891
+ when he restored 5000 with legal interes
the remaining $4,000 with interest being r.
t turned to the fund by him on the Goth ds
e of July, 1890. This use OF money held b
!, him in his private business was irreguls
: and unauthorized and should not have bee
? made.
e I'm addition to the foregoing l know
!. no other matter or thing respecting whiC
. statement OF fact and conclusion of Ia
: should be made in this inves tigation of IL
IS conduct of the receiver. ] therefor respec
d fully submit this report, with the eviden
9 and exhibits referred to, TO the court for i
IS consideration.
v 81 return herewith and annexed here
: the findings proposed by the attorneys +
le presenting the United States, plaintiff, al
X the receiver, with my refusal or allowan
&c of the same endorsed thereon. Tony 1
re fusal to report the findings so endorsed, t
h attorneys of the parties duly excepted.
Of specially submitted
it IN. N. STONE, Commissioner.