Show THE CHURCH CASES on this the second day of the january term of the territorial supreme court all the judges were la in their places on the bench when the session opened at 10 welock namely chief justice mearitt Mei ritt associate justices bance smith and king clerk bache read the minutes of monday last iset which were now approved and signed ignec cleri clerk joseph P bache who on october jtb 1894 was appointed by this court as special master to take testimony in the matter of the petition af Attorn attorney ty arthur brown asking for in the sum of 1000 for legal services rendered to the late jute receiver of the church of jesus christ of latter day salute saints frnnk frank H dyer now deceased presented his report thereon this morn morning log the special master foun dand so go gave his hie opinion that tie mie services referred to were rendered by the petitioner to the late receiver as such receiver and not to him in nis his personal mailers fy 9 the testimony further showed he stated that those services were worth 1000 district attorney judd as repa the united states and actor ney F 8 richard representing the abe late corporation of the church of jesus cutlet of latter day saints and d receiver john IL R winder now put ina in a cype ype written protest objecting to the court taking any action upon the report of special master bache under the petition of mr brown filed may 14 1894 or under the order of this court made upon petition at the june term 1894 for the following reasons lot it ahai the sold said petition is a proceeding a unknown to the forma of law and to the practice of this hie court 2nd and Tha petition shown hows upon its two face that this ibis court at a former torm term after a hearing bearing upon the he matters set met up 01 in the petition denied soy any relief to the petitioner by an order made and entered to in this court to that which order till still remains in full force and effect ard 3rd anat abat the parties interested in contesting the matter set up in said petition were not made parties to the same and have bare not been served by be petitioner with a copy of he petition or with soy any copy of the abe order of the court made there berdon be reon and they have had no opportunity to make any defense to the matters set UP p in said prati petition tion I 1 attorney brown conducted his own we oase and set forth in substance the toots facts contained in his bis original petition he stated that the he services were rendered to the late receiver frank H dyer in the be clatters latter lat ls official capacity bat the he petition was subsequently presented to the supreme court with judge zane as able justice and denied by an order made and entered after the court had adjourned petitioner also insisted that judge zanes order in the matter was wall null and void inasmuch as prior to going upon the bench he be had been en in the church oases cases at mondays monday as session of court it was stated that the he sum of 2295 kS in ex cess of the amount 1000 which receiver winder was previously author i zed to expend upon repairs to the gardo house had bau been laid out byr by him the report of the receiver was presented to their honors and ref ellWo together with all the vouchers for the work vork done to clerk J P bache to examine and report this morning mr bache reported that he found everything correct and the court thereupon approved the report and allowed the extra expenditure la in the matter of the petition of attorney arthur brown asking for an allowance of 1000 for legal services rendered to a former receiver of the late corporation of the of jesus christ of latter day da daines ints frank H dyer chief justice merritt morning announced that the ibe court was unanimously of opinion that the proper way of proceeding was by petition and that the petitioner was entitled to the remuneration claimed by him it was waa therefore ordered that the former order of the supreme court denying the petition be now not asides and that the present receiver colonel john B R winder pay over to mr brown the sum of 1000 out of the funds fund in his ble hands |