| Show THE EXAMINERS R REPORT THE publication in full of the report of judge harkness in the matter of the investigation into the conduct of receiver dyer and his hia attorneys precludes the necessity of extended comment on the subject all who have paid any attention to the proceedings and are unprejudiced will pronounce it an excellent document a of the case ease with conclusions in precise c harmony with the evidence the standing of judge harkness in the profession adds weight to anything of a legal character that emanates from him he is the peer of any practising practicing attorney we could also consistently say jurist inthe far west but the report he has just made to the supreme court of utah upon a subject that has created a great deal of interest in this section needs no such auxiliary as personal persona influence to give it force being truthful and appropriate ip in spirit and essence it is intrinsically potential having watched the proceedings of the investigation somewhat closely we were enabled to observe what appeared to be a leaning of the examiner towards the foliose of the investigation to the side of the accusers as against the respondents the former were practically denied nothing being given all the scope they ahey could ask and quite as much as could reasonably be accorded while the latter were in some particular eulan a curtailed if we are not mistaken the examiner could already see from the bulk of the testimony tor adduced that if the accusers were unable to furnish anything stronger they would utterly fall fail to make their allegations good his course in iel giving them all the field they asked for while restricting the other side appeared to be that in the probable event of his finding in favor of the respondents the pursuers would have no shadow of ground for stating that they had been unfairly dealt with while judge harkness probably acted wisely in declining to allow the respondents to offer proof to the effect anat their opponents were inspired by political motives in instituting the proceedings in the first place and making the wholesale and damaging charges of fraud corruption and professional misconduct yet it would have given a good deal of satisfaction to fair minded people to have seen the conspiracy unearthed true everybody understands that politics was a leading ingredient of the howl bowl that was raised around the ears can of the receiver and his attorneys but the production of competent testimony in a legal proceeding would have made the exposure of the hypocrisy of the instigators of the matter more con complete and overwhelming wh elming As it 1 is however in that respect the result is highly sat atis f factory ac tory that the receiver and his attorneys are am not deserving of some censure we do not pretend to say it is not however upon the ground of their accusers but its opposite while they were charged with not proceeding more harshly and graspingly in seizing church property the evidence proved a fact of which we were previously cognizant that in pursuing the church they had been inexcusably harsh and exacting in that line both the spirit and letter of theia cheit duty an analysis of the proceedings brings three conspicuous motives of the instigators of the whole afta affair to the surface and we here enumerate them in accord with the degree of their intensity 1 A desire to grind crush crash ani rob the church 2 the subservience to certain political ends heretofore described in these columns 3 hatred of US marshal frank bdyer the commander of the very light brigade who made the charge was ex chief justice C S zane who placed the hapless trustees in front to receive the fire of the enemy the defeat of the assaulting party has been so complete and overwhelming as to be in the nature of a rout one might presume that the leader would now plunge into the he profitable industry of hunting for a hole small enough to hold him that he might crawl into it and pull in the orifice after him |
