Show LOOKS LIKE A LETUP The School Trustees Withdraw With-draw From the Case YESTERDAYS LITTLE BEEEZE If the Court Wants an Examination Must Conduct and Pay For It One woe doth tread upon anothers heol So fast they follow There was considerable of a surprise party in the Supreme Court yesterday morning Early during the session it became I known that the three judges had refused re-fused the amcadmens offered by Judge Zane tJ the order of the court in reference refer-ence to the investigation of the charges against Reotiver Dyer and his attorneys attor-neys and had adopted the paper prepare pre-pare by Judge Powers The matter thenrested for a short time but just before noon and after Judge Sandford had requested the bailiff to adjourn court until this morning at 10 oclock Judge Zane arose and said If the court please b fore the court adjourn I desire to call attention to the order in the case of the United States of America against the late corporation of the Church of Jesus Christ of Latter day Saints et a Certain school trustses have instructed us to present the following fol-lowing paper and it will only take my partner a very few minutes to read it It is signed by the trustees JUDGE POWERS elevated his eyebrows smiled serenely and placed himself as close to JM Zane as he could get without being rendered liable for an assault as-sault placed his elbows on the table and his chin in his handstand listened Mr Zane then read the following STATEMENT OF THE TRUSTEES I In the Supreme Court of Utah Territory I United es of America vs Church of i Jesus Christ of Latterday Saints To the Supreme Court of Utah Territory Unto the court your petitioners the school trustees respectiully state I The order of the court as now modified by the coiit has changed the nature of this proceeding A petition In chancery ha been transformed into a criminal complaint com-plaint We came here to contest the com pansation of the receiver and ofhis solicitors solicit-ors and our petition was for that purpse Under the former order of the court we could have done so under this order we cannot The court has now ruled tht we cmnot do the one thing that as school trustees were interested in doing or had tne right to do We are completely excluded ex-cluded by this amended order from performing perform-ing tee only duty in connection with the mutter that our office places upon us But by this amended order the court would impose upon us the duty of carrying on an investigation into the conduct of officers of the court for the sole benefit of the court while confining by their order the inquiry within narrow limits The court has decided that our particular inquiries inqui-ries of the receiver were proper but at the same time has ruled that all other questions ques-tions of the same nature arc improper The court has so changed the order that it is doubtful whether we could introduce testimony testi-mony upon most of the allegations of the petition because legiliy they do not amount to chuges ot Iraud corruption or professional misconduct We are cut oil from inquiry into anything except those particular statements in the petition which directly and in sufficient legal phrase charge fraud corruption or professional misconduct We can offer proof under this oraer only of a charge for compensation that is both fraudulent and unconscionable We have no allegation of such a charge in our petition and therefore we can offer no proof whatever tha subject of compensation compen-sation Had we understood when this reference ref-erence was made that the investigation would be limited as it now is we would then have declined to proceed If it be the duty of the court to carefully scrutinize the conduct of its own receiver and if it would place this duty upon us then it shoula not limit the investigation as it now does to particular acts and to those alone but It in justice to us should extend the investigation to his entire conduct con-duct as receiver In assuming the duty of the court as we would were we now to proceed under this order we would be so confined and hampered that we could not mate our investigation complete While proceeding under the original order we were authorized to offer eriience ai to everything the receiver had done or hid failed to do in order that we might enable the court to fix the compensation for his cervices But thiij matter being excluded by the amended order only a small part of the receivers doings can be investigated in-vestigated Under those circumstances we believe it would be better that the court If it so desire should investigate the conduct of its officers for itself in a proceeding where the examination examina-tion would not be cramped and narrowed as it Is under this order In that way the examination would be more thorough and more satisfactory to the court As long as we had some chance 01 benefiting the common com-mon schools of the Territory we thought it our duty to proc ed but we conceive it to be no part of our duties as school trustees to prosecute charges of fraud and corruption corrup-tion against officer of this court nor do we conceive it to be part of our duties either as trustees or AS private citizens to incur the lares expense of summoning witnesses from different counties in this Territory and some from Idaho and Arizona merely to assist the court in scrutinizing scru-tinizing particular acts of its own receiver and in view of the facts above stated and the complete charge in tile character ot the investigation made atthislate day we must decline to asiuma the functions of a grand jury or to attempt at-tempt to perform the duty of the court In investigating the conduct of its own officers of-ficers Allef which we respectfully submit RUDOLPH ALFF Trustee Eighth School DistrictS District-S F MILLSPAUGH L U COLBATH Twelfth District School T C BAILEY Chairman Boarl of Trustees Seventh Scaool District THERE WAS SILENOE FOR A SECOND The three judges j Sandford Judd and Boreman glanced at each other but before they had had time to get their heads together Powers was on his feet POWERS May it please your honors If I could be surprised at anything in this extraordiuary proceeding I would be by the remarkable paper that has just been read JUDQB BANDFORD sternlyWe do not care to hear any argument about i it the clerk will receive tile statement of these school trustees but it will not go in the files of the court he will simply receive it for farther consideration considera-tion It is a remarkable document and we desire to consider it carefully POWERS Before any action is taken on the matter contained in the document docu-ment I desire simply to say a few words on JUDGE JUDDThe paper is of such an extraordinary nature that we piefer to fur thereon aider it without argument l POWERS fell back smilingly the voice f of the bailiff was heard and court adjourned ad-journed until this morning at 10 oclock WHAT OF THE OUTCOME The next step in this now celebrated case will be awaited with interest If tho petitioners obey the mandates of the court they must be on hand before Examiner Harkness and proceed with such testimony as they desire to adduce ad-duce in support of the charges and within the scope of the order It is doubtful however it they will be present as they have it is understood subpoenaed no witnesses and as Judge Zane stated yesterday some of the most important evidence must be obtained ob-tained if given at all from persons living at a distance and some of these were outside of ftallin Idaho and Arizona On the other hand if they do not appear what construction will the court put upon the matter Receiver Dyer and Judge Powers his counsel were seen last evening They said insubstance We have notified Mr Harkness and also counsel on the other side that we shall be present in the court library Thursday morning at 10 oclock r ady willing and anxfona to proceed Further than this there will be no contempt on our part this time Each and every question put to us within the scope of the order apprcved and sanctioned by the court will be readily answered We have nothing to oonceal and we shall give the other side all the aid in our power Under the order of the court Zane is allowed Thursday Friday Saturday and Monday to introduce such testimony testi-mony as he may deem necessary and proper Then one day intervenes when Dyer is to have the same length of time after which come two days time to be used in rebuttal testimony The outcome this morning will be watched with no little interest |