Show F I DYERS STATEMENT He Anvrrcrs the I Striclnrci iu the dranil Jnrj Iloport SAYS TrEY ARE DUE TO MALCE OF FEDERAL OFFICIALS crnuil Juror ljrr Irllrr to nTh 1Inlnrr Gnnrd The AHouliy statement h furnished fur-nished for publication by exUnited States Marshal Dyer The report of the grand jury of theThinl DistHct Court jiublished on the l > th instant coutiliis some cntitinn ou my conduct while United States Marshal of Utah w hicii arc unjust to mebecaus they are not based upon fact and it is only fair to myself and my friends that I should correct these error I Is I I am war au ungracIous thing to assail a document which emanates from a holy of selected citizens sworn to an imiartial t discharge dis-charge of official 1 duty t but as honest hon-est men are often mile and ma > with tlie best motives err to the pn judicc of others a correction of their mitakes is no imputation upon them and r without any wish to impugu time good faith of he grand fury 1 vrl li to defend nyself While tajlng this I do not conceal from myself nor orbIt to have Ito public understand hat Influences were not at work to do me personal wrong I Is to hose influences I attribute what ever of injustice to myself I found In that rejiorL I was I misfortune while United Unit-ed states imrshal to incur the dis pltasuru of tome prominent iron iu hula community and they con tinued since my retirement from ollice to pursue me I do not care to resort t personal vitupcntion for my defeii I shall dismiss that leaving my statement l such welcht is the tublictnaygtvn to wcght pullcnuJ gie my assertion I come to the mater wliich I desire t correct ITin ItlTVTO JIATTl When I wa appointed marshal I found that Hitcustom had been for thin marshil to furnbh the seed and team and the prisoner to do the work nccessir to raise a crop of Ktators and chare the bOn meut for the potatoes the market price In accordance with this practice which had prevailed with mj predecessors mid thufugges lion of Ij immediate ug Mr Ireland I bought the iitct = sir seed at a cost of about forty dollirp furnNhed the teams and raised in I IbSt about two hundred and lilly busliels of ictitots For them the government wa chargeJnt the current cur-rent rate The net amount received did not jiaj fur the uc of the team In ISbT I nised oxer one thousand and two hundred bushels of potatoes which were n c and no charge w hite er was made because w bile I did notbeliee the kale of them to the government was improper I knew tint I it might I be objected rl all I deired to do nothing tint ceulj be open to anJ reasonable criticism and save for the first crIcism Se fnt year of my niarshalsliip I nexercliarged or received a tiugle dollar for lot toes nfced on the reservation and then was not rfcomrineil 1 for the actual cash t nIJ mL ue of temi doing blat work The report states sttl that the angotunt of potato ouch era was not know to them The remark could not nppl to my accounts ac-counts for my entire transaction In that reflect n as open to them For my predecessors lr could not b expected ex-pected to answer I zrmum jiiLKenrsnON I furnLhed milk not from ole or two cows as stated lu the report but never Jf than three ant a 1111113 as ieven head I Instructed the warden to charge the regular market price and if I at any time that was exceeded it was without my knowledge knowl-edge Mr llrown was the warden in charge and had entire control of tills maier necessarily I had no u piclon at lime that 1pieon any Imc excessive exces-sive charges were being made for milk and while I cannot say that this milk account Is mik accunL I correct to the drop always appeared s reasonable reason-able that eel now making some i allowances for alowalc Unfaithfulness in my subordinate which I aftcrnards aferwud discovered and which induced me with other tiling to remcm him from the position about the 1st of Febnnry 1SSS The grind jury evidently got their information from tins man zig I understand he wa before them I still think the government received all on this account ac-count for which I ever pail a all the other wardens who have been there do affirm bn Ill UalK CANDIR HVJI tND rtn As to four candle beef mil ham furnished I omily ay this in reply to the criticism tint the prices were extravagant ant the supply exces give That goods furnished to the United States were not alvra s paid for in cash Every year fur the Ijst fixejears there wa a deficiency extending over a period of about fojr months each year and I abut furnishing completely l the goo the Ism alt of horn those wa at one time notified me that they could not furnish them on such long ali uncertain time a tin usual cash prices Under these circuintances wliat was I to do Woul J they have me turn time prisoners loose keep them in prison and starve them or liuygoousata small advance from merchants who were w Illin to carry the government if jierniitteil gernment lrmill to make a fair I profit and I do not be here any of tliim ever rnadu more They are reputable UII mel and I assert that the government his never suflVred by reason of its deal logs with IJ of them Hut to oil this crilci rl bout th prices I have but otto general nutower fur nlshed by the grld jurs lllrt namely tint thin expense of keeping Isner including jay ind board of guards and wardens U3rS salary was about 43 cents i > erd iv nnl l i ing With pay of guards 3 cents per tiay Wih this statement maeliy the report think I can itchy submit to the common judgment of the public could haxebeeupalJ that no extravagant urulilslelc prices when it is admitted that the ndmilf cur plies to the 11 < tiunlmri500er3 were generous I quantity and quality and that L the rusjlting cost only K > cents > tr dr I think no man who bias nuu knowledge of tlie cost of living will alY find any place to lodge a successful I ch charge of extravagance ctrr3nC upon such I inana cment uJn I flu J bn letter fuJ by n leter now in my pos session from the Attorne 11 frm te AttorneyGeimeral I of the United fctatcathat in the3ear8 1SSS and ISs thu prisoners in the itnitentiarit3 of the territories ter-ritories of Idaho and Montana cot for subsistence from 75c to Sc per day ninny twice the cost of the prisoners in my charge The mar clre shal of Idaho at that time I now the honored Delegate in Congress from that Territory and Teritr no charge even in the heat and clre bet bitterness of a partisan elective contest was ever made extravagance nlthouch time cost per prisoumer was nearly twice the cost in Utah under my adminis tration If I paid from ID t 25 per I cent too much for Mipplles then the cost of subsisting prisoners would prler harts Iseim advanced accordingly Will any honest or sensible man pretend to believe that tho cost of subsisting prisoners could bare been reduced below the price which the grand jury state in their ea lclur tlelr report rllr iuy any such percentage n TIIEA VGOJi ACCOUNT The report states this matter with substantial corrvctucts My tem delivered goods for ail firms who supplied I the prison amid some of those firms paid me rn the service I They preferred 1 pay me to deliver the themselves antI thin depart ment justice on enquiry from me approved my action as without any objection It was wholly a matter for the seller of the goods a to how they would deliver deler them and they o tlY employed my team on terms that a were satisfactory to thini and the u arrangement was certainly as fair as C ally like labor could L done by any s one The ole government was in no way defnudod nor ie I pretended 1 that J suffered in any degree I fill to tee for what purpose the matter I brought forward except to criticise the department Justice for not supplying its own transiwr talon As I am not the manager of the department and min no way responsible for its manner of doing busluefn J can have no pertinence in a report of this kind Save in the War Derailment where the military are fumHied wagons and teams in sonic parts of the country to transport gupplie and 1 hOle and carriage for cabinet officers I believe it luau leer been the policy of the United States to furnish fur-nish its own uccrsKiry transportation tion and I moy INI that the report of this grand jury will have the effect to change this general policy and to induce It to buy and operate oper-ate railroad I stage lines I wagon ld buggies and teams Hut I would surest that t cllect that purpose it had lieen better t have adopted a memorial to Congress than to make a re port t the Third DIstrict Court of L tah I may aJd however t the estimate esti-mate in this report llku estimates which are common In all hasty and Illconsidered reforms that a wagon and team costing 0 wouldHilIIcc for this service I totally at fault Xo single trans could i > erfomi the service I oftentimes had I two actively ac-tively engaged and on many occasions occa-sions in addition my rrivate err er-r aud sonic hired In relation to tho entire question of the management of the penltcu tlary I can toy I always practiced thin paulo econoui I should have done hid I been doing the work for my individual account and that I have used at least fair skill Is evident evi-dent when comparison is made with f the manairemcut elscn here j I find that the dally cost of the Ohio state rioii per prisoutr as bJ report of lIt keeper is 43 7lOcentf within 1 cents of the JiightH t cost of I tlie Utah prison while in toy cliarge I I also find that the Jollet penitentiary peniten-tiary Illinois the model prison of the United Suite where subsistence is probably cheaper than arty other In the entire country IStnk itm titus official report at 1J cents per day only G cents lower than the Utah prirau and there was an average of ocr fourteen hundred prisoners in each of thesu prison TIme j oy theirguards much less than we do in Utah Hut if the grand jury or other who are having tilts chasm of I reform desire to cut the wages of these men who earn well their mon I hoK they m3J have to a outDo the nojioiisililit I therefore submit tint iu luMstlng that the manigement of the Utah prison while iu inyelargc1 vas extrra gantthcgnnd have Ueti hasty and Inc mldtratc r well as unjust iAoiiM coiri The statement in the report is true in certain C C aud explanation is ilntcohalcw ire genirallytcn tciicttl fur short terms and under clr cm tnl which olfere no temptation tempta-tion to torape WorK in the fields t could be done by them witliout n > llrlng ally guard wlilluif I tnt coiiMcLs ttntencsd for larceny or other otr < nMs to haul sagebrush I or dig jotntoes or do any oilier prison So work guards were always nijulrcd So as a matter of economy in the emplomeiitof guards and to rave tie ending of iri onir < out who woulJ embrace every opportunity to locale I emploed this class Jf prkoucn often In preference to the other kind In other nsjfcls ins oners were treated alto and tills discrimination was iiraiticetl as n matter of economy mud I fuihyJmun tif t Such is lie al practice in i prisons and I neil l my best judg nipntand ever In abuMil tio cawj was mj confidence COM1KSVTIOV 01 MAKSIIAI Ab StCll The relent deals fome lnt at length nith one branch of tItus mar siuiit 8111s coinpeiisatioii aud compliins that the government has paid more than I should for certain service The conclusion isarrhed at iu Mime of the instances cited ou an incorrect incor-rect statement of facts notably the follouing i For Instance Dvnuly JIarlial Armstrong c working for 0 let ce nt of his earnings he served a putijjrna in the case of the People vs Taylor in the Second dis trict in titus month of Xoveiutier 1su at an expense of T7 SPI 1 of Uhich was cliarged as actual expense pense of tel The deputy owned Ins own team Mr Dyer had 10 per cent of this S D that is to say time deputy received 24 w blli represented rep-resented the actual expense while Mr Dyer had the balance of 10 1 I The above quotation hhoHn how carelessl the investigation of the grant jury was conducted for the truth Is i that Mr Armstrong uel I did not pay to the marshal any part of tho suleMcnce prt or team hired ns I stated and he nceivdi I neither SIC I I nor of any portion this charge 3113 j more than th rrnnil litmlM I Mr I I Armstrong wao not before time grand jury as a wiltiefr while my ac counts were acceselblc to them and ald they chow that In tel of recchlng the 10 as alleged I did tle a alct not receive a cent of I It is din cul to under stand how tho jury could have been imposed ujioii in this case and been le to Illustrate what they rl bn illegal practice when the instince glen is I a fiction Bccnu I had deputies of whose timings I did retain 40 per cent it was concluded that Mr Armstrong was in the category ali without proof l it is I stated that I did take 40 ltll tlt tke per cent in this instance The grand Jury I however nsr tint the marshal has no right to receive Mich moneys and on this proposition I take issue I with them 1 affirm that it i I neither illegal nor unjust to do so and lint the rrilicim of tl hue grand jury uixjn I the right of Cite manliai ltorf to retain a portion of the earnings of his deputies I both unjust and unreasonable ul tunle A deputy is I the cinploe of the marshal Their relations arc the sulject 1 of nrnngcmcnt ec nrrlgclclt bctnccn themselves and It Is scarcely likely that any man woulJ 0 willing to wilng t tike all the responsibility of the marshals oDIce let his deputies perform the labor in limo field taklee lie entire coni > eiisatlon leaving him under licavj bonds liable foe their acts and receive nothing OI This being the case Ill the custom for eel inarhal in the United States and bias always been to em ploy 1 his deputies on such terms as is agreeable I to thcnisclicp I This the I treasury partmeiit ali the deport ment of justice hae JUSUC 11 vo always KIUC tionedand tom I is thin universal Juc cut toiiHis i well know that the fees pl vided bylaw for the service pro cessarelHitatrille pr C a rulethey would not py for the washing that one change ofeiothcs nmctk would demand iu this land of dir but the statute pro vides that in lieu of mileage while r mllg whie travel is trelli required in serving proccsc tho officer may have 1r I > > I c I the ollice hires the means of traveling it hi lie telng i cost tlO paid for loror talfhere beone and sjl Meiice and if ho has hi ou n teams or hone the reasonable r 013ble pricc for the use The prices of mcli thing of course vary w ith the iocallt and circumstances and L anl cause of this variance n rate was fixed and nt the department and WI by the officers thC prices haves alan leen fixed In the territories s as to provide such compensation a will 1 insure faithful service and prompt attention t duty Whether tilts construction of the law bo correct cr reeL it I not for me to say I twos at least reasonable I has been adopted by the department a the rule fer all thefc western territories and if any other were prescribed it rrl would result in vacating every artng manhal8 office In the west I for instance i theofllcer could on a two days trip into Tooele county t ecrve a warrant for the arrest of a t colmbIn no event receivean3 thing except the two dollars fe which isgivenforsenlng the warrant war-rant anti nothing whatever If he failed to catch his game for in smith case he me l gets nothing how long would any man remain in tho service ser-vice The report of the grand Jury claims tltlsis time proper construction r o the allowlngexpenses to hue officer In lieu of mileage Xow t voId such a hardship and 1 Insure In-sure fair treatment to hue officer thu dejiarlment luau always made such allowance for team hire as would be just and they could do no less without ruin t tho public set vice I have only to appcalto the corn mon knowledge o the condition of hinge in Ulb1crIOrytb ethfy any reasonable fidrson that to interpret the law as the grand Jury would grJ have It would worka ruinous result re-sult in tho execution of the laws Whilst I was the Iliiled HtaUs marshal mar-shal about three lni ye there were about one thousand persons nrrcsted or convicted fur unlawful cohabitation cohabita-tion The fe for tllug ni the e amslsiiJZeach and tile small pittance pit-tance oral rxnts each for tubpu na ingnltne I se < ir making my compensation compen-sation In tlircu years probably about two thousand live hundred dollars In thoMca but If I I liOnS t warrant war-rant and fall to serve It the Ian I provider nocom nsatlou whatever I If instead mileage which Id 1 proc homIly nothing and i never accvl ted t-ed unless for travel lOl railroad I am net allowed an tiling I > ut the fee It Is easily seen hOt the office would be practically l > aral ar-al g cw licii U is known that all i nrreits for this pojalar olfenso are resisted and evaileil by every device which the iIties can adopt evade the pursuing hand of the Ian the application of the mleeuggestctl b3 Die grind jury needs no comment to prove its dlr eoiL ciiiences to the I public service I was in fact only uiwn the construction the law by the department in allowing for team anJ subsistence thAt the execution of the Kdmuuds act lias been 115 I Ible If the officer had been complied I com-plied to re3 upon th6 fees alone for uch service the suppre slon off the e crimes in Utah which hiss placed 1 this Territory ou the high I way of reform and progress could never imave had IrrC fnCp I lon So obvious was thip that the dtpartnKiit at Washington al loued my immediate predecessor 515 per day for the UPs of a team and gubsbloIKin IlltalHas reduced toSlO nnd thento SIIner I came Into I otlirebut when thlcomptroller Mr Durham hal circumstances explained 1 to him aU a made acquainted with he necessity of I it was restorrd to So per day for team and S2 for etilwibtcnce Tin enabled me t retain efficient men in my service 01 diiutie and ma < e the work fairly remunerative I will slate howuvcr hunt In no year of my administration did the Income In-come law ever reaih lie limit fixed Ity lawThe The grand Jury cay that it was Ito intention of the comptroller infixing in-fixing the price of team and uj sistence at a per diem Clint If the actual i > i en C3 rnltl were less I than that it was to b lime fires amount The gnnd Jury It having tx amlncd Judge Diirlnni proliably relied for this conclusion on the Ils Ccu tried attorney oll Iiiionof the comp I trolkrN inteiitioul wliin the Imlh Is a I can tlite from perfotial S knowledge that this amount was I fixed in order to meet the very condition dition of tilings which then diton Ihllg prevailed pre-vailed in Utah nnd to enable the marhal to execute the law The assertion that allow Hires in such casts were 1 It limited to actual disbursement hJ 1 time officer and was only a limitation on tImers is I an assertion without 3113 fact to sustain II Tin comptroller yaw ulien the matter was considered b my him that 113 fixing a reasonable compen < ton for usc alI subsltcnce of teaq not more than would lie reawnable if the samu hid been hired from those who keIt them for hire antI allowing the martini to furnih the team either hinuHlf or bJ huts dcj u tleolhmeemul cif S securIng good er vice could b > rcAllitil When I hat been reduced 1 Sd before that instead of SSr day the deputies eteeUred IheJ would uo longer stay i In olliceand then the rate was fixed I I after careful dehbcruUon in time stay and for the reasons tated I I should b hld that because I ndei > ut3 who owns hisleamconsent I that the imrshal nuy retain a portion por-tion of his hire I hal 0 Infcrrenl l that titus actual cost of the team is t on what is I paid tQ thc deputthen the coni > ensatoii or cost is not regulated regu-lated 113 aiy rule except the 103 intnt or iILsburemtnt of nione eJtIn i3 I and If tItus deputy chooses to ride Instead of walk not Iming paid money he wont not 0 entitleu to I 1113tiling bccau < c he Jflid out no money I I will add a fcr thing further in this connection Very much set Ir is required of the officers for t which no compensation is I allow edj unless for instance the officer I j actuall3 serves lib warnut lIe his I no fee or compensation in al form Iu tills Territory it Ins n eatcdl3 l occurred while I was marshal mar-shal that in endeavoring to arrest skuIkingdcftndanU had toempo a large for tounku tioetunial or other raids on indicted patties Iu a single year ni3Ecpciiscs for such f ellnriH nmountvtl to ntarl one tliousnnd five hundred dollars not j I ouedollarof which could I mike1 I cLilm to have returned because I fdlrd to make thearrests It mubso l became absolutely necx < rJln conic instincis to employ pcnons to furi nili to mo Information 1 for which I 103 mcnt I had toappcal to my own pocket l I my deputy could not divide the cotapciuallon with Die I hntm and was entitlnlunl toactmual chit bursxiuenU on teams and I could only have the40 per cut of the two dollar fee ou eacharruM what must have been thu rtiult on the marsh j I mar-sh ils office I would have gone begging for sonic one who was willing tt rk9R the i territorial ter-ritorial business it gau him and the laws of the United States 1 would hae goneunexecuted amid iinciifurced Ther c are ninny tilings I in this report tint I regard i more on account of the splritof faultfinding fault-finding lucy tied than for the imputation nnJ criticiins themselves I them-selves CanJiil anil faIr criticisnt of a public ofilcer I < right but pttt nickel hunting alicut little tilings and shallow reflection the result of ignorance are n trial to a mans I patience The bulk of the matters which r coroilalucjl of while r was in oflice 11rl > citcil in n way that Indicates thmcy overt collected by sonic Ole who had aiKrsonil grievance and bought to gratify his malice more than lu Juiprovu the ti public sen Ice Time grand Jury contained no member to my knowledge i knowl-edge except possibly onu to whom I could impute the slightest desire to do mean injustice and I acquit all other of an such juirjost I II lienJ hereto FJonul TijryesjOiidenco lietween that mrfiiixr amml time cx turnkey of tile uenlteumtlary who i known as an honest man and leave the i uhllc to Judge Ivtffccn us Finally I closing I this necesarity tedious refutation ri 1 desire to cay that I have nsJuexlIu Utah man t years I is niy liome and of tlc coramuiiit t exr < ci alwa8 to lie i ono while l T Jlxe JT hae striven whether l pldtL or out of it to so conduct mJsf as 1 uvuri t the cstee in andconfidency of lio e who know me and this feit ngaline l promrtn metu make lila ta nrr t is unpleasant for antuau to b held up to the public as Iming alti til ollicial Ill n fof Jirivato ends and esiHcIall36o when lie I feels the a It accusation is wholly a in I concep ton and a mUtaVe Relieving lint any just pul > lic < fll not allow an ex liarto report toifeprivc moof its respect re-spect w hen thb facts ate fairly pre cooled I haveattemptcU to defend myself by a fair statement anti on tact fn rest my cause with confidence that in the tC ttb Fnr the ltheoDulrerol And err Uenbt 1 lone TttAlWIi Dnn CUIXEN Hon SALT LAKE CrrvDcc S 1SS9 Mr Eet Jctnujj Dear SIr You will oblige me by telling me to whom you paid the 2 for the cloth that was used a unl for oslmtioyuwertdjtguartiat the pen Please wrllet you ig answer on this mall sheet and return it t me b3 mal i jl Your etcDANIIJ DANIIJ 1EIt I SALT LAKE CiTy uti 5e Dec 12 18a lion jury John TIc < jrtinan grand j Dear < SirS cmlote herewith a copy of a letter which I recciveii from Ole Daniel LJer whom by I enquiry I find i a member of the grand jury J1 yog are before M man of the grand Jury I deem It my duty t communicate any Information Informa-tion I have to you Mr Eycr In this communication Insinuates that I raid some one who should not receive re-ceive 20 for a certain suit of clothes furnished by the marshal for the government which is base false and born of a desIre t misrepresent mis-represent an honorable gentleman gnUemn I any of the Jury have the Im pntomtion that I raid I ain thing of the C t kind I desire to go before them again ali call their attention to I how those question were put 1 me and the predicant nt they intentionally ally a I now believe lift me iu Yours rc i > ectfully K M JENMV II I I |