| Show H W LAWRENCE APPOINTED RECEIVER all four judges wert were present presentac tat at the ibe session of the supreme court on july 16 after the reading of the minutes chief justice zane announced that in the case care of the united states vs the church the resignation of frank H dyer dye r as receiver had bad been received and the court had decided to accept it with the understanding that his liability I 1 as to acts a c ts a already pe performed reformed w would r uld continue judge zane stated that the court would hear bear suggestions for a successor to mr dyt dy r mr varian said that or behalf of the government lie would suggest the appoint appointment meni of joseph B rosborough as receiver there was no other suggestion and the matter was taken under advisement vi nent P L b williams filed a motion for a modification of the order of the court made june 13 directing the receiver to report all his transactions since sauce his appointment and appointing a special especial commissioner to examine the said report re he asked the exclusion of all those special matters of compromise and other acts and doings of the receiver that were embraced in the charges made against him and heretofore referred to robert harkness Harkne hark desp sF esq and upon whose report subsequently made to this court this court afterward considered and adjudicated 11 mr varian opposed the suggestion and wanted the examination to include the whole record of the case mr williams said it was an uny usual and unnecessary proceeding proceed ino to have as an examiner review the proceedings of a former examiner and of the court itself it was a rule of law that when a matter was once adjudicated that should settle it by request judge stone was waa asked a to state his view of th pow ers ere conferred in the order lip he stated that he had carefully read the order of court and there was no doubt in his mind that it required him to review the ent entire of the receiver ever since tits his ap it required him to behind the findings ot of fact and conclusions of law not only of judge harkness Har knees but of judge sprague it in relation to matters 1 passed upon by the court he desired to have the instruction of the court if arny anything thing else was meant the court then took a recess till that hour arrived but no judges appeared in the court room twelve came but the bench was still vacant it was apparent that the matter took considerable discussion at 1235 p m the judges came in nud and judge zane stated that the motion to modify the order was overruled ru led judge henderson said he did not understand the tha order to affect any matter alrea ly passed on by the court judge zane said the court had bad agreed to appoint henry W lawrence as receiver with a bond of to be approved by judges ane and anderson andersen the court then took a recess till 4 rpm p m in the supreme court of the territory of utah frank H dyer receiver herein having tendered and file filed d his resignation as such receiver which was on this day accepted by the court with restrictions and limitations as in the order of acceptance mentioned and it appearing satisfactorily to the court that a sue successor cessor to said receiver should be forthwith appointed now therefore it is ordered adjudged and decreed that henry W lawrence of the city cita of salt lake in the territory of utah be and he is hereby appointed ree receiver eiver of the defendant the late corporation corporal corpor alion ion of the church of jesus christ of latter day saints and of all its debts and property real personal and mixed of every nature kind and description whatsoever including hicl all equitable interests which it may have ave or ever had to any thereof it was f further ordered and adjudged that the said receiver shall proceed forthwith to collect and get in all of the outstanding debts and moneys due to and personal property of the said late corporation the murch of jesus christ of latter day saints and take possession of manage control and collect the rents issues and profits from the real estate thereof and receive from the late receiver all and singular the property real and personal it is f farther ordered and adjudged thal tha i the said late corporation the church of jesus christ of latter d day ay saints saint 3 defendants and its officers trust trustees eesI agents and employed emp loyes and each of them surrender and deliver up to said receiver all of the assets property effects of every kind and nature and the possession of the real estate belonging rosald to said late corporation and also all moneys notes drafts bills of exchanges checks or other evidences of indebtedness due and owing to said late corporation as well as all books of account accounts deeds bonds mortgages certificates of stock books and papers of every avery kind or nature whatsoever belonging to the taid aid late corporation an and for the purpose of collecting and gathering in said property and effects of said late corporation and of managing and conducting said business the said receiver is hereby authorized and empowered to employ eansel c and such otier olier aid and assistance as he may deem proper and n for that purpose he is also authorized and empowered to institute and maintain in his own name as such receiver such suit or suits and take such proceedings from time to time in the courts of this territory or elsewhere as may be to fully aud effectually carry out the objects and purposes of this decree under the direction of this court itis it is further ordered and adjudged that said receiver at the end of each month file with the clerk of this court ah an account under oath with proper vouchers of his doing and proceedings under this decree it is further ordered and adjudged that said henry W lawrence before entering upon the discharge of his duties as such receiver shall be sworn to faithfully perform the duties thereof and enter into an undertaking in due form of law to the clerk of this court and his successors successor 4 in office in the sum of three hundred thousand dollars 1 with wilh good and sufficient sureties to the clerk of thi court for the faithful and honest administration of this trust to be approved by justices zane und and anderson it is further ordered and adjudged that the said receiver may apply from time to time to this court for further directions d and orders herein as occasion may require and frank H dyer esq late receiver is hereby directed to pay and deliver over to the said henry W lawrence esq as receiver aforesaid all moneys and and other property real personal and mixed in his possession or under his control as receiver together with all vouchers books accounts and furniture of every description belonging and appertaining to the office found in his ban hands the supreme court has adjourned to july 26 28 |
