Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-12-24
THE ALEXANDER FAILURE.
The Question Of The RecelVerShip
Came Up This Morning.
VINO SHALL DE PAID FIRST
Judge Zane Orders the Receiver to
Present Full Report, for ExamIn.
alton by q Special Master.

Tho Alexander failure has for the
last month or six weeks formed the
subject offrequent mention In the Third
district court, and this morning II
came up again before Chief Justice
Zane in another phase.
There arc quite number Of lawyers
engaged In the case, aud these gentle.
men were present In force to-day.
Attorney Arthur Brown made tho
first shot. He desired to offer . motion
for tho receiver (Mr. Wllliams) to pay
over to Banker Mccormick out Of the
funds In. his possession the sum neces.
sary to satisfy his claim. The Recciv-
sr's attorneys, counsel said, had filed
an answer In which he swore to almost
everything lie could think Of. (Laugh.
teri Among other things 1t was sworn
that McCorniok's mortgage was n
sham, that the notes were not executed
IN good fniIh; and probably, II 1t had
been thought ABOUT, II would have ap-
penrcd In that answer that there was no
such man nm Mccormick. (Laughter.)
AT any rate, tne answers intoricct.u
into these quits would delay matters.
| The receiver was, No TO speak, fighting
the other creditors; and Mr.. Va.
rian, he believed, mad motion TO
| discharge the attorneys employed by
the receiver, inasmuch rs there was no
use for them unieas hs intended to
fight tho people who employed him.
MIR. Varinn moved TO strike out the
answer Of Julia Alexander.
Mr. Stephens said he himself drew
up the answers and lie was willing to
accept tho responsibility. He did IL
merely 10 raise Issue In this case. With
regard to Mr.. McCornick's mortgage,
counsel did not know whether or not u
mortgage on stock OF goods like that
which tho receiver kept selling
would stand against tho other credit.
ors.
by agreement Of counsel tho claims
OF J. X. Burnham, Julia Alexander
AMI Mar. NJ, Cornick were consolidated.
MIR. Brown then moved that the
Mccormick claim be paid. The re-,
ceiver, Instead of selling the goods nj
Wholesale, had gone into the retail
business, and tho chances were that ut
the present rate the creditors would all
he dead before this thing was settled.
(Laughter.)
Judge Zane remarked that In this
case there were many points both OF
law and fact Involved, and the court
could not decide them now. He
would order that tho receiver make n
full report Of all his actings md d0ings
In the Notwithstanding nil elaine
against the estate, bills, invoices,
vouchers, etc. Exceptions could then
be raised II M cessary. There would
then DO some bnsis upon which the
court could act, nni he would appoint
u special Master to thoroughly examino
the report.
AZ to the question, which was raised,
Of the receiver employing al attorney,
Judge Zane said no was disposed 10
allow Mr. Williams TO engage compe.
tent counsel.
Mr.. varian, however, objected to
his employing counsel in the interest
Of one rel OF creditors and counsel Tor
another set, the one su,ayonistic to the
other.
Mr.. Stephens said that every step he
had taken had been IN good faith.
Judge Zane told Mr.. Williams (who
was presently that ho had better employ
some disinterested, impartial, compe.
tent attorney, and himself act N n
prudent, honest, diligent, buslnosslike
person, who would do III this mattei
as II the estate 'were his own.
Aftec some discussion, In which
other counsel took part, Mir. II. u.
Stephens now elected to Withdraw his
appearance "a counsel for the receiver.
Ho did not wish to appear Mt all where
there was any objection.
Judge Zane--Very well; Mr.. vii.
llams must exercise mis- best Judgment
Ia selecting some one. Ais honor
rdered that MIR. Williams report be
brought Into court on Tuesday morn.
ing next, ut ten O'Clock. II It was thon
quite ready for examination no would
l appoint a special master.