Show IN TE church SUITS CONDEMN ZINCS INSULT and calls ilis conduct scurrilous and there was an unusually large attendance of members ot the bar at the session of tha territorial su pram court tuesday morning says the iveus out by anticipation of action on judge zones notice of withdrawal from htiu prosecution ui charges against 1 H jayor as receiver in the suit against the church at 1025 chief justice sandford and Justi cud foreman henderson Hender sou and judd came into court aud after the opening judge judd proceeded to read opinion of the majority of the conn in the church suit relating to judge zanes withdrawal bufore mentioned As the closing part of the opinion was reached it created a sensation in court of a nature that has nover bo foro been witnessed in connection with the proceedings the document is as follows in the supreme court of the territory of utah states of america plaintiff vs the lato corporation of the church of jesua christ of lat ter day saints and others defendants fend ants on the first day of december De camber 1888 T 0 bailey rudoloh alff and J millspaugh describing themselves to b trustees of the seventh and eighth school districts and secretary of the board of trustees of the twelfth school district brought befaro this court a petition ia which they set out by description divers and sundry pieces of real estate alleging that the same was the property of said late incorporation they likewise like alleged that on march 1888 april ath 1888 and may 1888 receiver dyer instituted actions m the third judicial district court of this territory against various defendants and m the complaints in said suits among other things alleged that said last above described tracts of land were obtained and held by aard latu corporation in violation of section 3 of the act of july ast 1st 1862 and not for the purposes of the worship ol 01 god or personages parsonages nages or burial and that the claims of the various defendants fend ants in said suits were invalid and prayed that the deeds of saiu various defendants ba held to bo colorable and that tho cloud title created by such deeds ba re moved and that the possession of said lands be adjudged lothe said re feivor for the and purposes mentioned in the said section 3 of the act af march the petition then proceeds to state thai afterward on or about the day of july 1888 the said receiver and the defendants to tho suits above named compromised said suits and in liou of said tracts of land described in said complaint except u portion of lot 8 in block 76 that said receiver took tho sum of or a note to stand in th place thereof and be treated and applied as the land should have beai treated and applied that the solicit ors of said corporation were the attorneys of said defendants one in said compromises aud thereby admitted that the land had been ob by the laie corporation am was then held by tho defendants to the late corporation ia violation 0 said acts of congress and that th plaintiff was entitled to recover if aid acts were valid and in effect ad that the money received should bo substituted for said lands and should be applied for the beno fit of said common schools that order of this court authorizing the said receiver to compromise said suit was made by the court as your petitioners petition ers are informed and believe solely upon recommendations and representations of the receiver and his holier tors who stated to the court that the estimates in the petition for althon authon ty to compromise were the actual and reasonable valva of sid tracts un dor tha circumstances and that said compromises were fair and reason able your charge how ever that said tracts of land were worth and that was a grossly inadequate valuation of staid property no evidence was heard by the court in regard to said compromise and your petitioners petition ers ba cievo was mislead by the said representations and becom of the receiver and his solicitors thai the said order of ahr court required the receiver to report said compromise to the court for iab approval and such report has nofa been made the petition then proceeds to allege the compromises should bo set aside bufa if they are allowed to stand then the money or notes or other evidences of or tho proceeds thereof taken for or in lieu of said land must be applied as the land and tho proceeds therrol was required to be the petition further alleges that the said receiver now has in his pos session the bum of received in compromise for cattle and other property that said property AS peti are informed and believe hiis worth at alio tim e was estimated by parties to this suit in a stipulation of facts made october 19 bo worth the sum of 39 and thajo this transaction between the receiver and corporation was mado without brssi this court and faha fa hc thata inc ofa said receiver liu has obtained possession of sheep the property of the defendant corporation and after receiving the same he rented them without any authority of the court and public notice to buo ouo W L pickard a surety upon bonds at the rate of 20 cents per head per annum when the customary anco was from 40 to 50 cents per head and that in such renting of said sheep the baad sustained a loss of about the petition tun her alleges as pe titio ners are informed and believe that there is properly to a large amount 01 adia receiver has not taken possession that was owned by said defendant corporation and was in the possession of its agents or of others for said corporation after said receiver qualified and that he could have taken and obtained possession of said property by the use of reasonable diligence as receiver and that his failure to do so was from want of attention to his duties as receiver or from wilful negligence or through combination with agents of the late r thai hu receiver aalur hy had apon his duties as auch roi amed one r L Villi uma who was and 13 territorial commissioner of schools ina one george S peters who was and ta the attorney for the united stated in this territory aa hid attorneys anu solicitors thai the receiver aih etc the nine of nib appointment anu is now united states marshal loi said territory that as receiver he presented a claim for allowance allowan cu to him for clerk hire compensation to solicitors agents and employed emp loyes for office rent stationary and other expenses amounting to the sum ot that not having yet boon made parties to this proceeding or granted leave to appear therein your petitioners petition ers have not examined oaid report of expenses of the receiver to point objections thereto that such aa examination would involve a scrutiny of vouchers vou cherb and probably oro bably an examination of witnesses jwuc that if permitted by the irac to do so your petitioners petition ers cs i are informed and believe can p t well founded objections to sai account the petition further states that the receiver has presented a claim for allowance to himself for his individual services as receiver of and m addition each of his solicitors presented a claim for said claims aggregating that said ciarma for allowances were referred to the examiner in this caso to take testimony as to tho amount to be allowed that the united states attorney for utah and the territorial com missioner misa ioner both appear for the receiver in thai taking testimony and no one appeared tor the united states or for the said common schools that on such examination the do fondant corporation at first appeared by its solicitors rawlins and by them the birst witnesses produced by the re cross examined but afterwards as petitioners petition ers are informed md believe they were instructed by he defendant not to crabb examine and nob to contest the claims of the receiver or his solicitors and thereupon they ceased to make any further contest and the examination became and was wholly an ex parte examination by the receiver and his solicitors before said the petition then proceeds to al iego that under the law georgo S peters as united states district attorney was bound by vir LUG of his office for the united notates otates was a party and that ho wab not entitled to have or receive an sum for any services ho may haaf performed as solicitor for the receiver in case and that the claim f the baid williams as solicitor for aid receiver for was much co largo the petition then proceeds in so diany words to charge as follows fol lowb your petitioners petition ers aurther represent hat the amount claimed y the said receiver for his individual services is grossly exorbitant erces aeve and unconscionable that the al lowance to the receiver for lis services must bb only for those rendered by himself and ho cannot be allowed for services bior which hib agents and employed emp loyes may be allowed and paid tho petition further states that the difference between the amount for which the sheep above anen conod could have been rented and the amount for which they were rented is about and that this amount should be deducted from oaid receivers compensation if in bew of his breach of duty he ib deemed entitled to any compensation and if it ba that he so rented said heep in return for any benefit to himself er acho hope thereof then ho ought not to receive ay compensation and said contract of renting should bo disapproved and the ro feivor held for all loss to the fund in consequence of such wrongful rent ing the politico further states that petitioners petition ers are informed and that tho sum of above men boned io ned received from the said defendant fen dant in compromise for certain property above mentioned was a grossly inadequate consideration and the receiver should bp hild to account to the fund for the between STo and a fair consideration for said property and such dif forence your petitioners petition ers believe is not less than or ahat said transaction should bo disapproved by the court andee receiver hold to a strict account ability ibi lity for all loss in consequence of his wrongful action and further that the receiver should ue held accountable for the loss to the fund and to tho common schools caused by the compromise upon thu real estate above mentioned and this loss your petitioners petition ers charge on information and belief is not less than and that further if said receiver be allowed any compensation at this time it should not in any view exceed the petition then proceeds to charge that inas aluch a no one has of common schools that the it is ancy bo g batly said claims made against it aap tat taa bearance pe arance of some one for the corn iron schools is rendered absolutely necessary to the ends of justice and the fact that the Commissi OLp r of common schools of this territory is employed by said receiver the inhere ts of said schools and that the states attorney for the territory is also employed against the comm a schools and that the receiver him olf is au officer of the united and that they are claiming that by a compromise the said schools have already been deprived of a large portion of the pro coeds of said lands and that those i proceeds have become the property I 1 of the united states furnish addi dional reasons for demitting pe the trustees of district schools sih to appear in these the se proceedings wherefore the petitioners petition ers pray as follows that they may be made parties to such proceedings or that they may be allowed by their solicitor or otherwise in order to defend and protect tho interests of the common schools they represent and preserve s u much of the 1 aud as may belong 0 o said schools and that such other rusteen ru steea of district fecho ois as may wish to come in may also be made parties or allowed to appear and that your petition eis may bo allowed to produce evidence to prove and substantiate the facts stated in this and that petitioners petition ers mav such other and farther relief as to equity belongs and as to this court may appear to be equitable sighed aud sworn to by T C bailey chairman board of trustees seventh school district rudolph alaf chairman board of trustees eighth school district J F milk paugh secretary board of trustees twelfth school districts upon the application of the solicitors licit ors of said petitioners petition ers to bo allowed to file said petition in said above entitled cause to become par bics tics thereto this court filed an opinion written by hendersol Hender soa in substance as follows this is an application of certain school trustees to be allowed to in bervine as parties to the case we are of the opinion that petitioners petition ers dp not show by their petition any right to intervene as parties there is nothing to show that the government is not disposed to look after the interests of the fund and the interest of petitioners petition ers as school trustees are too remote to be recognized by an order allowing them to intervene buc the petition which has been read contains charges of a gravo and serious nature against the receiver and his attorneys george S peters and parley L williams the charge has been directly made that the receiver has lifted corruptly and in criminal collusion with the defend that this court has been imposed upon by the representations of the receiver and his said attorneys and a fraud thereby accomplished if this be true a crime has been committed and this court cannot and will not pass it by without attoa tion as the action of these officers charged witha delicate and difficult duty should be met by responsible accusers and have the opportunity to confront them either the receiver and his attorneys have been guilty of a crime or some person or persons are interested in falsely accusing them this petition being verified and endorsed by some persons responsible for the costs which may be incurred should be received and filed as charges against the receiver and aad attorneys and they should each be required to file their respective answers thereto so far as the charges af corruption fraud and ronal conduct are charged against biem respectively aud upon the filing of their answers i j should stand referred to an examiner to take such los as is offered both to sustain and disprove the charges contained in the petition and report the same to this court on or before the nest regular term of this court if the charges of corruption and improper conduct are sustained and the fund in controversy tro versy in this case thereby preserved and protected provisions can hereafter be made for the payment of ho expenses incurred but in the meantime we shall postpone the question of compensation to the receiver and attorneys until the bringing in of the wo have only had a few hourn to c csider this matter and therefore have not had lime to state borc in detail our reasons for this action an order should be entered conformable to this opinion an were filed by the said dyer and his solicitors in duo time denying all said charges in full when this opinion waa rendered bj tho court it was distinctly stated tc the persons interested that the cordei should be drawn in conformity ditl the opinion to be accepted and agreed upon by the parties and the attorney on both sides and when such wa done it should be handed to thi clerk of the court to be entered its minutes inasmuch as the question of compensation to the receiver had already been referred to the clerk of this court as special commissioner it was not thought proper or necessary to refer that question again to another commissioner but it was intended as the opinion above set out clearly indicates to refer the charges of wrong actions by the receiver and his attorneys to a special commissioner instead of which however au order which was nut to the court seems to have been drawn and entered which in so many words refers to mr robert harkness the case to take and report to this court such evidence as may by the petitioners petition ers or tho receiver and his counsel bo produced touching the matter in said |