Show compensation attorney kow appears iu ahe case the territorial supreme court held a session at salt lake city tuesday chief justice sandford and associates socia tes boreman Henderson and were on the bench united states attorney hobson of colorado was present to represent the government in the church case which was called at the opening of the court mr parley L williams moved that the court fix the receivers compensation and order it paid judge boreman understood that the court was to await judge harkness report on the charges against the receiver mr williams said it would betoken betaken tinder advisement and determined after the report had been rendered mr ebbson said in substance under the order of the court to take testimony I 1 there is no need in chancery practice of filing exceptions one rule in chancery courts is to refer the matter of compensation to an examiner whose finding is alnah another is to have the examiner repert the testimony to the court in this case this was done this leaves it as though the testimony had been taken in open court that is the condition here an 3 we have a right to make a showing without filing exception I 1 have however to save a point filed exceptions to the report of commissioner E T sprague he then read the exceptions to the report re commanding that 3 H dyer be allowed on the grounds excessive and unreasonable that his compensation should be fixed by the year or month according to the duties performed that while the case wa undetermined his compensation come from the receipts accrued from the funds while in his possession and not from the body of the fund that having been no little his compensation pensa tion be fixed by a fair salary and not on tho basis of per cent that while the receiver charged for his services tho work had been performed by his attorneys or subordinates paid out of the funds in his hands he is also excepted to that part of the report recommending each to rp L williams esq and geo S peters esq oa the same grounds as abovementioned in addition to the ground that their labors were not yet completed while the amount named appeared as settlement in full that part of the report approving the accounts of receiver dyer and recommending their approval by the court a portion 0 those re f erring to the following items item 5 caleb W wat dark 25 9 50 27 33 50 30 47 ac 58 ac 67 rr CT 77 5 38 ac 99 y n they appear to be clerk hire while at the same time the receiver we paying a bookkeeper book keeper other similar items the bill excepts two mr hobson while expressing disbelief in the charges against the receiver and his attorneys thought that no compensation should be fixed upon till the constitutional lity of the law was decided as all the property might yet go back to the church that was also the view of tho attorney general of the united states who also approved of the course taken by geo S peters esq mr hobson cited many reasons why receiver dyer should not be allowed full compensation until the matter was decided though he ba lieval it would be decided in his favor the court should not allow a per cent in a case where a million dollars was involved became on small amounts a receiver was allowed a per cent but it should fix salary the attorney then ably dwelled on the responsibility of the receiver and the legal ability of bis attorneys the former he considered had bean very light and as to the latter alss legal ability and business capacity could have performed the labor squally well I 1 mr hobson asked that his campen aarion be postponed till the case was decided aad that he b allowed a rear conable current compensation he also thought that mr peters should be allowed a sum in full payment for his services as tha court might decide while as to mr williams compensation he thought tn too large he was willing that he should be paid a reasonable amount personally mr babson considered his task disagreeable but it was a duty he owed to the parties in the case mr williams made some explanatory remarks and the court took a recess until the afternoon judge powers desired to reply to mr JEE but there was no time court adjourned until monday february a m |