Show THE ZANE RECEIVER CASE on feb 21 the following occurred in the territorial supreme court judge sandford the matter of referee spragues Ws report under our consideration at the last co court u rt was left unfinished until the co coming m ing in of the report of egami examiner n r harkness Har knees that report I 1 understand has been filed and the court will now hear a motion on the subject judge powers I 1 desire on behalf of the respondents in the case that has haa been before examiner harkness to move the confirmation of the report which was filed on yesterday I 1 am not aware that any exceptions have been filed there have been none served upon us judge marshall I 1 do not know what duty exactly rests upon us in this matter the facts established in our view are set forth in certain findings attached to the report if the court is of opinion that any further duty rests upon us we ask for time tofile to file exceptions I 1 am not however aware myself that such duties do rest upon us under the former order of the court judge judd we cannot decide that question but must leave it for you attorneys to settle yourselves we will consider your request the finding is in the nature of a challenger and you can take such a course as you think best we will either hear you now or give you additional dit ional time to prepare such exceptions as you choose judge marshall after a short consultation sul tation with mr critchelow said we will ask the court to grant us until tomorrow morning or any time it desires we have access to the read report judge ud artie sandford will saturday morning be soon enough judge marshall replied in the affirmative firma tive judge judd I 1 would suggest to you brother marshall that you may save yourself much labor isyou if you were to file an exception in the action of the referee in not finding as you asked judge powers under the action taken by the court the attorneys are somewhat in doubt as to what course the matter now takes the matter of compensation having been deferred until the coming in of this report and the two questions being somewhat intimately connected the discussion of the one as we look upon it involving the consideration somewhat of the other from our side however if the court thinks judge sandford we will hear your argument upon it before we decide judge powers will this morning then judge sandford yes on the sprague matter judge powers the suggestion I 1 made was that the two matters were so intimately connected and as they give notice to except to the conclusions clu of examiner harkness we could discuss them both at the same time and within about the same length of time I 1 believe judge sandford you have to answer the objections to that report made by the government we ean can hear you on that phase of the feature of it today THE compensation QUESTION judge powers then began his hib reply to the argument of mr hobson at the court session last week against the compensation suggested for the receiver receiver and his attorneys he wd said that after the entry of the final decree which he be considered gave to the receiver power to continue to pursue property it had been suggested that compensation be fixed for the receiver and his attorneys this was referred d to an examiner who had bad reported in favor of a certain amount this report they asked to be approved judge powers then paid a high tribute to judge spragues character which he declared was never tarnished by a breath of suspicion it is contended that the court has not power at this time to grant compensation pensa tion chat that the constitutionality of the law is is now being considered and if decided adversely to the government the property would all have to go back to the defendant it has been admitted however that necessary expenses could be paid and why not the compensation of the receiver and his attorneys which is a part apart of the necessary expense of the suit this court had already said the act is constitutional and it is simply on appeal every presumption is in favor of the court below the court below might have said this law takes a large amount of property from a church that movement is of doubtful constitutionality tiona lity and we will not act fully until that point is determined audle judge judd inquired whether the aroun ground of the appointment of the receiver was not the danger that the government thought the church would get rid of the property judge powers replied that the ground of the appointment of a receiver was that the corporation was dissolved and there was no one to take charge of its property he then continued his argument for the adoption of the report jud judge judd asked whether it was adesime desired that the compensation be fixed and ordered paid or that it be only fixed judge powers said mid that it was desirable to have it fixed and paid he thought that mr hobsons argument was based upon something that had no existence it was on a fear that the act might be declared unconstitutional lf if that question was entitled to consideration it shoud have been thought of when the court held the law to be valid and not be made the matter of a doubt now judge powers argued that the matter of compensation was fully within the jurisdiction of the court and it should be fixed the testimony upon which judge sprague reported was that of leading business men and the full amount su suggested should be paid fit it had been alleged that the amount was unconscionable but he did not see it in that way there has not been a receiver appointed in the history of the jurisprudence of the united states whose duties were more delicate and responsible than in inthis this ease case he entered upon duties which ta V say the least were distasteful to the great majority of the people of this territory when he assumed the responsibilities of the office and filed bonds of guaranteeing the just performance of his bis duties as he looked about him he faced a solid wall of people who were opposed to him in the prosecution of these duties I 1 say my here in this bourt that there is no more perfect organization upon the face of the earth than that of the church of jesus christ of latter day saints an organization which was antagonistic to the receiver when it moves it moves as one man when the heart of the centre beats the pulsation is felt in arizona in idaho and in colorado I 1 it t Is an army in civil life governed governed by office holders it t is an organization that this receiver and his attorneys were compelled to face and whatever they got they had to wrench little by little from it by strategy y and by force and ther therefore elbre to say that the responsibility placed upon that man was nothing and that it might be compared with the responsibility which rests upon the shoulders of the manager of a railroad company is to say something that we should not here and which those who know and who have felt the power of this organization know not to be true why the man who acts as receiver for a railroad company takes his position in the office and finds at his disposal a all the e various su sub officials 0 of that hat great system he issues his ge general era directions signs his cheques chequer and his orders and at his beck and nod are a thousand or two thousand or five thousand men who perform their duties as perfectly as the intricate wheels of the clock the receiver who entered upon his duties in this case had nothing to guide him his duties were anomalous he wm was to search out and secure property which was to bring brine upon his head more or less condemnation it was to expose himself by the one side or the other to the shafts of slander and calumny that were as certain to fall upon him as the sun is certain to rise over the mountain tops tomorrow for in this country where the feeling is so intense where each si hiie le believes they are right no man can CAD stand between and fail to receive the darts that will be hurled at him by those who desire to carp and crit criticism criticise critic ielse ise does the receiver of a railway company place himself in such a position as that and if he does not t is not the responsibility upon mr r D dyer y far greater than it would wo uld be g upon a receiver rece 1 I ver of the union pacific railway I 1 insist that it is 16 1 I insist that this is a matter of common knowledge these matters which I 1 have sug bested are matters of bistor history y which ch have ave come up ap here before the court now and then can it be said that the duties assumed by the receiver in this caw case did not place b him in in a responsible position it is impossible for a man to satisfy both sides in utah he has to go through a certain scarifying scarify ing process to make his skin like the hide of a rhinoceros before he can sleep well at nights if he has been imported in here from the east where people talk and act differently and tre treat i at people 00 1 e differently it may be a gif good thing g that people are watched and criticised criticized in that way and when a man took this position which mr dyer did lie he was placed upon a pedestal where the whole territory could see him and where his every act was bound to be ariti cisel I 1 can tell you that with all ajl these things to meet it was no perfunctory position A man to do this work must be a general he be must lay his plaus plans and carry on a warfare for the property that must come into his hands congress had passed a law aud after a delay in order to give this people who never betray each other an opportunity to take means to protect their p property ro A Y M which they had not gathered for the purpose of turning over to the receiver they did not hasten to turn their property over to him the ree receiver elver proceeded with his attorneys to unearth property and discovered that it had been distria distributed judge powers then went over the same ground as lie he did before examiner harkness in regard to the variety of juad property pro erty judge judd any butter and eggs judge powers butter and eggs yes and pork and molasses and honey honey and a hundred other things which this court if it had been in the auction business would nt have given given 30 cents on the dollar for the h receiver began pursuing it but found it was disbursed there was property discovered however in the way of stocks etc but this proceeding was so doub doubtful iiii that the chief justice gave an opinion that the receiver was not justified in the seizure of that property finally a compromise was agreed upon by which the receiver got agn more property than the church had at the time the property was seized upon there is no doubt 0 but the enforcement of the law and the receivers energy brought about the compromise the property was turned over to the receiver and the case appealed the receiver had not filled the courts with law suits but he had secured property that would have been lost by the suits you might as well go out duck hunting with a bra brass band as for the receiver to have announced to theme these people that if they bring in in th their ir property he would sue them as has been suggested why his suits suite would have amounted to nothing because the property ty would have been got out of the way he was not placed in office to nay flay and torture this people but to be fair between the two parties to the litigation we are n not at seeking to grab from the fund we only want fair pay for flor what hais haa been done and will be satisfied with the order of the court if we can only be paid up to the present we will be satisfied sufficient unto the he day is the evil thereof the church has bas been defeated auevery at every point by the receiver and hie attorneys and it was not represented b by cheap lawyers either but by abw men judge powers then turned hs attention to the objections made by mr hobson to certain expenses of the receivers receiver lo office and after showing the necessities of such expense closed his argument JUDGE MBRIDE then followed in an argument on the legal points raised by mr hobson against allowing compensation taking the opposite position considerable interest was awakened inc d in the session of the territorial supreme court on feb 25 in anticipation of the contempt pro proceedings ce edings against the school trustees who signed the charges against receiver dyer and his attorneys all of the parties interested and their attorneys were present with the exception of captain T C bailey who is laid up with inflammatory rheumatism the session w was acif taken up however with men ments the groundwork of which has been gone over so frequently of late as to deprive them of any particular pati cular interest the matter of the report of examiner harkles Har knes was called up immediately after the opening of the court and judge sandford said in the matter of the receivership the court will now hear bear counsel on either side MR MB took up the find findings requested by t the counsel lor for the court in the trustees receiver controversy and commenced his argument against the action of examiner harkness in ia declining to accept those findan findings tt 0 he reviewed the appointment 0 of if the examiner and the progress of the investigation he complimented the course of judge harkness in thy tho case saying it was such as could have been expected from an honest upright and able lawyer the counsel for the court took exceptions to tiie conclusions conclusion of the examiner in some respects one of these was waa in regard to the finding that the court was misled the examiner had bad found that but one member of Q the court judge zane had been misled and that unintentionally judge judd inquired whether the Y facts showed that the was or was not fair and just juet mr critchelow said bald that from his standpoint the compromise was a fair and reasonable one from the circumstances as they existed that is as related to the real estate As to the personal property thy they would have more to say mr critchelow said there had been some difference of opinion as to the of the order in the view of the ex aciner the investigation was limited to fraudulent and unconscionable claims and charges ch argeN in this respect reth rath the counsel forche for th 0 court co u A baa differed from him and asked findings andings accordingly As to the matter of leasing of the sheep it was the view of the counsel of the court that the examiner should have found that the rec receiver eLvOr had been negligent this he hadra had W fused to do A reason to be coed A for the receivers negligence was t that w he had bad given no public notice of having the sheep to lease there sheea 48 claim that he e acted in bad fajth th he had however let a one lot at figures much lower 11 could have been obtained had he a placed them in smaller lots tile the failure of the receiver to take ila anto to possession certain personal property was an allegation of the complaint the counsel for the ourt thought this allegation had D sustained notwithstanding the 1011 hiding ding of the examiner on this I 1 the cattle that had belonged t 0 o the church had not been sought so u by y the receiver and their turn turning ing ofer ove by bv the church was a voluntary ad act X mr r critchelow reviewed at th the character of the personal pro P perty erty and arg urged ed that the celver made insufficient efforts to obal batain it judge judd asked when the right to w seize beize the personal perso so u I 1 property vested whether it was bat at ai the time dine of the align age of the act or when the judgment jaent of the court was ren dera ir dr critchelow replied that he could W not say as to that but the re wiver beiver clah claimed lied a right to the whole judge boreman asked whether it agreed that this property was held sa b by the church at the time of the ue passage of the law or had been 1 ar critchelow h answered that it had Q been transferred and continued argument to |