Show hill for TRUSTEES I 1 filed ill if Aitt roty jabo A 3 zane on en earth 11 lisa 1335 I 1 john sl zano zane ll 11 filed on march ita lit a brief la in beh altot the school quitton after stati ul the points made mada on oral argument tho the brief prot roceda roc Mili eds i la in view of tho the pt wo we flay bay the leot of the pater paper that it Is doub doubtful fill who whether tier WO vb bould introduce aeb etim 0 u upon poll most of tho the all allegation to ga or tay the 0 petition is ij strictly true ue aad it li Is apparent that the lie thin put pat upon ioa the petition by mr judica ll II luderson that hat tile petition OnLa Ined charges of corruption c fraud bud aad vwe arose from I 1 rem a total mistake od as to the ItO laoni guage dge 0 of the trillion million the spin sea loa of at ur r judd anero lie he toa clief upon tho the compensation and seems him to intimate tits tho the jeanlo meaning elf at the words fraudulent anil and uncoil bacon to la identical was totally by examiner Exam lDer harkness S it Is true tuat that tho the kumian examiner ail ad mined li upon most ol of the at dut but he moot have bays ilone done to so on art the llie theory that eliat although althon eh thoro there were no puch charges lath la the petition 1111 tuo the court hail had decided that that thre there hero are and hence that the court desired information ou on tuot ol of the alto alle Ruti onu but the attorneys for the the language lAD guao of oc llo fro and its plain cogill legal 1510 moaning died al idled that tho the or or would lid bi cant coas construed cups sups trued to ain la accordance with its iga mea f lint the mint lawt conclusive proof of tl eli 0 tact fact that there ore are no charges ol of fraud corruption or ajl conduct condu CIE and fraudulent rau dolent or ancon jtb gibli claims colita ineAl la in the po pe la allegation 0 of tho the petition 1 liBl shown iown conclusively to bo arb fr rod yet rt tin tile alalu iner is able to t Ms dad that no raud fraud carr or ala mla m d is proven by b tile no eri eili lor denne line Fyre a refill oi ts t att aft 4 e to than ihm ills 10 true line t 1 qa on tho be real estate compion aLso ills real estate wai worth lu la jul enli 1 irana JN to mr WE c its r sham MI W to 10 mr me bishop to if lynch l tV to 10 sir kelsey C bull oot not one oneat of atie debood kata placid ia at jobs then DO ad alto to tho the representations tried to tits the chirt the order ardi r giving authority I 1 blut it h mailo fitly upon V tie a of 4 slid fill tile buthe t a couple of churell church ro re patai that a ion was mile tencil it from ilia bench b trie chief t J jalice ra m to the ihn value of oc this prop otty otly anil and tf if thom fay that it i 1 antl in tl that 1 it wm wat a I 1 4 attie la halir tit hi lr oceia oc eit al all in I 1 tatt are r proven try liy trio of this court ot of the lh i third I coal 1 l t I 21 1 vi tile efi ap term diction lic tion it ii li ili I 1 tell vint tile lie alia p were rented to tl VL l kird tor for Z cank and od that ho he to Is the calver it lend quian I 1 llo be bwll I 1 MOOT ni ali to 10 tile quality of t the abeel Is in bus bu elio ali I 1 nw nee to tl fir it b fore oro this they were jadi leas as ot of two pomade JR ot of ciol ail ad a il ten I 1 amith H alir lionil ral the renters realm k biotin pla the HID flock cock good fi aud ul thit that pickard I 1 11 I 1 now noir routine renting ter lur if and twelve lambs lamb still r that this a cah rental of 0 ib from 40 0 ti 45 in october wi IM I 1 JH rod the lug without public notice B if B 3 oa 03 trio cattle compromise e Cd that in aitos t a atit R anili in alilin IL ilin church cattle lie counted until biering 1000 or 1100 head worth alb 18 tallies thrown in and nl to an berets worth HO anil and t I 1 I 1 worth SOO well that in tho the star slut valley herd were clerch cottar tm head anil and ino fraud or horses ot of the mine price that la in jaue akk 1200 brail bead a ot f cattle were turned by the church agents to bishop sharp little anti eldredge now these DIEU wore were perfectly responsible re tor for those cattle aud yet mere et nover never auest for their nine jelito ift fk VV crosby testified tint that lie saw 2000 head of cattle colluded u of by the church to turn 0 ier to 10 dor hi or from roan tho the pipe springs reach ranch la in arizona Arlzo nit anil and that there were church cattle at panguitch W willord liard beau tided that at richi richfield field in the of 0 sij there were aty behil ol of church eattle fall 3 0 01 worth 13 15 and the he rest worth IQ HI or til 11 gcorge S croy cro ty Y thus liin al chur church C it horst harmi 4 wore were sold in ili tile to fall I 1 ot at la ft davs lottig for tw N mr per hrad head suit that lu in november beail it e ad of church cattle were driven north to salt lale lake city from ran pan gultch hero we hare bays lu in plain sight eight cattle unit horses worth at the cry lost valuation 41 iw tK la in tile of 0 the t HR BB of tire burc bias at abil tile personal property orty in various iliah only aj morth of taip abie according to trio the receivers own show slon log lun was perishable There Thero were ari in la live stock many thousands of dollars LIE la hrgon oca tesi all kinds ot of wagons begona etc tito the receiver dom does not flat to say eay that tho the non oer der ible Is part or of this property proE property erty WAS not recoverable he tit did lots molit for 14 of property against the hie salt lake lak stake lion from rom the writ of a pro ce eding Beai aes these stake use MO clat clatious ions were perfectly able to t respond in damages for the able property 1 no I simply had bail to t make teem arties to the sult anil and oven yea v w labout that he could have them wade made to turn tarn over this property on as order the only excuse he can give la Is tint that tie could not dot furnish the replevin bonds end and this is too utterly transparent because he be did not he a to gli gin a any replevin biddi at all and lila life lawyers knew it 4 1 on taking po of property the receiver and his bis attorney admit that they knew of 0 reale real belonging to tb church aChurch that they lid did not list attempt to get and that they bo be ildved that there wa haq real estate ila be louglos lou iliK to the church to lu every town la in utah territory the tet almony shottis real estate lu in wasatch beaver Hicho old logan and box elder count iol belonging to the church rho trustees teea furnished abstracts for chiq examination choing property la IQ itah county alone preen be ion lun glug glog to they do bat attempt to deny these facts end and it I 1 apparent that all ill thlu 19 real state late is id loit to the ills schools the receiver and hla big allor after neya bays pretend pre tenil that they can yet p pursue scene this property but in the I 1 ch of 0 the alual decres in title case this clatin Is farcical tito the original petition of 0 tile united states alleged that thu the defendant posses ed property to the amount of 0 anti anil leave was albed to what that property ro ort y ha an ib s one c r of i denied this allegation anti and lonii wn was joined on oil tho the trial ot of tho the cine CASP bieh yes was done by liking the hie morly before an all examiner tire plaintiff represented fly 1 mr did not dot offer any 0 I 1 donee except of senio paltry porst pur donal mal property nud anti news utterly buliox the taking of WORY WAS wan soon eoon abandoned no attempt was nati made to prove what hat the property of trio the church WM wall no do attempt was made to prove the allegation of tie attempt an made to find anything fr fir tho the final decree to net apon lint some buinie months after the elio bull 9 briba upon certain f ind ingi ut of fact anil and a unal final decree by la enle reil fani certain property properly dete 13 pr it to belong to in the llie defendant dueil dant church both real estate and p pare property of course this rent mil alii acan can because only tire llie property decreed to ito be in ili tho church call be es cheated field decree ats as eute entered red tho the court lias has ais elio alio property of the church Cli suit aud it to lobe be so aud and it Is ail elementary principle of law that tho the final decree as to ail tire face adjudicated upon sell aid one of these facts is tile amount of f property pra porty that the church hid bait so si that tile the claim of the Re colier it ma malo bialo lo is in good faith balth li Is totally ludi crown lo ito 10 and hie big attorneys altor neya either admit that they have been dupel and or they aro ace compelled to t jony deny RE a legal proposition that hut the merest tyro Y ro bould cold not dispute but there are facts in ovi loCe that throw treat great discredit upon this claim in ii the ilroy place it appears that all these real rotate estate cattle aud and the bo turning over of tiie ibo sheep were eat ento rod roil into at the same bagno time unit that while the real cabato wan reported to the the lue cattle was not but bat was R tediously concealed from it the were made an aute ante condition to the entry ol of a final decree end BUI us ud as thoy they are mittle mide float final tie dacree cree Is ia entered catered mr testimony la 19 clear that this wao man a couP lOtO mr air dyer so MI understood tood it until he became aware of tho the importance ot of denying tho the fact act lor for la in two different places la Is hla his before judge jailie sprague on tile compensation lie he speaks 0 t file bloat with the church even een when the receiver aud and his solicitors swore to their answer to tho the tho the no they so BO thought for or they say bay that public notice that a float decree la Is title caso case based ou oil the property ob tat ilist arid aud hold held by the receiver as at eliud lud was gives before hla hie final to re I 1 art was ff lidit rod that the ibe receiver c elver secured on an amount ot of property to await the limit action 0 of f tho the court by far air what ae bo ahad had reason to expect thom statements bliok that these race lava wider tood abat this decroo waa beat and that ali the tha plop erty arty obtained was waa all thit wai wag to be obtained sell anil that tho the caie was eluded closed air williams la in hla his tos testimony borume sprague Spra guo says they were urro not willing to go to float coal decree without some points ot of litigation these meil mea tile bory cry property Bro perty that tant thoy they had sul i for or va ia ogden oddon valuable though it li Is they the vast of this adl church beat from one end ot at title territory to the other tithing yards city lots lota faring irin blocks ol of olt city property properly valuable buildings sun baa t llo L a shows of it till nil to 1 that there Is no DO ral dedreu road all AIL this property hat would bw bays WM roan us common a II ads been back into the hold of t the he C church i I 1 arid and hore hero lies either tire the lity or the wick ot of tile condo condi ontra iol ol 01 tills thin kaeler Kc eler and hla his solicitors it it be true arne thit that thin work has all been done la in rood good aliea ihla receivership lu in tu its revelation of flagrant incompetency and aad densest ignorance stands unique bod and unrivalled but bat it let la too lato late for or abom goatle gentle MOIL moa to tate take refugo ina in a rable apology P that 19 they knew not what t they 1 1 were d doing og the shows that thai this was slowly done that thre there was waa no haita or that tile tho receiver made not R angl attempt to fand any property from rom the elio uy day lilt be was wai tun that hint his lii mide A no miomir t n show what the property of cl the ibo church was adb that elf mier ter ahli oui allma wi catered nii irod lots lolo not a dona inthe way of 0 let for property pro ala t to lo qui hilll W 0 ithoma ill ih 1 i protect t iw no beresto of tile anif above yo hll fill it tuat fuel title alii itte alti oLver ciola so 20 to alii BD to fend ants null lill asimae I 1 bionto I 1 to logroll in ili uniting not lot to colett hla his C compan bahou H bat power had the it octaver over these athy 11 by wast the lie agreement bi be to ID writing it if wore not gain to colvie tont ct vi it them too loolie a no KS it if the go 01 11 a were to la to be do 0 o livered moro before tire tl bargain was con can surn mated and wo we lin fail instilled la in saying ayling dial li it iter la 13 11 inlet tho me substance of 0 things hope leoned for ur tits of thinas thin not seen file geithe ts for findings mude by b ills attorneys for or elio court prove avary allegation of tile pett LIOU slid icil aloie they aboy allow bo I 1 that tills this petit loa li is frog in every and ail tha I 1 ill ved of brryl X d elf im ai them the the petition wu maii la in 1 ter I 1 ord r to boll avold of C fault that could ho ui proved only by bv the receiver Rc elver arid we rutn thires inam or the agents of nt the church the trustees goow that they could prove itoe evory eiery fai alie petition dolls withdrawing the tire anted a their which wall WAH not TanT riu nor dor dill they it insulting Insult lil to lh court b but t they desired to state their reason sU in and the coult 11 ZANE for respondents |