Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-03-21
TYREE HELD To
DISTRICT COURT
Judge Dieh| Concludes That Con.
tinenta's Books Were Not
Correct.
WERE KEPT OPEN TOO LONG.
The Company's Annual Report
Was Not a Forged instrument
But Was Not Truthful.
Court Explains That the Inquiry Was
In no Wise u Financial One
Decision In Full.

From the preponderanoe Of testi-
mony In this case, 1t is evident that
the books of the Continental Life In
surance and Investment company were
kept open after the 3ist OF December
1904 as charged, thus affecting the re-
port of the said company for the year
named. There being in the opinion OF
the court sufficient cause, the clerk will
enter decision that the defendant.
Hiram Tyree, be held TO answer to thu
Third Judicial district court. The bail
will stand IN the sum heretofore fixed"
TYREE IN ATTENDANCE.
The above was the conclusion OF the
decision OF Judge G. b. Diehl In the
case OF Hiram Tyree, whose hearing
was held some time ago, upon a charge
of having filed with the secretary ot
state a false report OF the Continental
Life Insurance. OF which Mr. Tyree Is
president The defendant was pres
ent In court with his counsel, Judge ..
W. Powers. Assistant County Attor-
ney Job Lyon and other interested par
ties on either side were also In attend
ance.
Judge Diehl said. THE case against
defendant Wylie having heretofore been
dismissed, ON motion, the testimony IN
troduced can only be taken as against
the defendant Tyree. The defendant
introduced no testimony, and asked by
his counsel for discharge, both as to
the law and the facts.
COULD FIND NO CONFLICT.
There cannot be any question as 10
the rule Of law concerning special and
general statutes Il being we'll settled
that the special shall always govern.
But w the case at bar, | cannot ind
any conflict In the statutes. Chapter
s II. $. IS ia distinctiVely administrative,
the chapter designating the manner II
the formation Of corporations or other
concerns apd the duties Of the officers
thereof. tat 4l2i chapter ., OF the
penal code r. :. 9s, II distlncuvely
penal statute. SO that II the rule az
laid down IN i07 Of chapter Is not
strictly adhered to- then 412i OF chap
ter was and should be used to PEN
alize any transgression OF 1t or
failure to comply herewith and
strictly. IN fact. the report must be
full true and complete.
NOT A FORGED INSTRUMENT.
Tho question of the genuineness or
the document alleged TO have been nled
by the defendant was raised By the al
torney for the defense. No doubt the
instrument was genuine and might be
fled but il must also be true. Ger
tainly ii vas not forged instrument.
but the statute also requires that lt
shall not be false.
SIMPLY NOT TRUE
Nov as to the facts as TO whether
the instrument was false or not The
report shows that on the 3lst OF De-
cember. 1904. there was In the COM
panys Office and in safety deposit vaults
OF $40 So. 65, which included the sum Of
s2S, 1881, which latter amount witness
Squires testified was not cash IN office
or IN safety deposit vaults, Without
going into details as to the other items,
the testimony shows that certain Ger"
tlficate OF deposit on Mccormick & Co 3
bank was not issued until Jan. IS. 1906,
and that some of the notes which had'
not been discounted or turned into cash
were not paid until early in January
or In all events until after Dec. 81
But the amounts thereof we're used 10
help make up the amount OF AO,s52.65
as being In the compauy's oillce and IN
safety deposit vaults.
NOT A FINANCIAL INQUIRY.
at has been suggested by counsel for
the defendant that the prosecution OF
this case might injure the standing of
a large corporation. organized under
the laws Of this commonwealth. taxa
II that such II not the case. The sol
vency OF the said company has not been
and In the case at bar the
public is concerned only with the acts
OF one OF the officials OF tho company
and the inquiry is decidedly not IA tn
the financial status OF the corporation
or Of its officers
The case WILL OF course. now go IN
the district court where Tyree will bs
expected TO fight II 10 the very last.
COMPANY IN CHARGE.
when the trouble arose affecting the
Life Insurance company.
The secretary OF state, as insurance
assumed charge Of the
lfIce for the purpose OF making an Of
lcal investigation Of the corporations
Affairs. After that investigation was
the control OF the commits
,loner ceased. and since that time the
company has had possession of It's Of
Ice and has managed It's affairs. with
out suggestion or hindrance.