Show THE CHURCH SUITS two of the judges want to get at the the in the suits of the united states vs the church of jesus christ of latter day saints and the P E B fund company were conducted before the territorial supreme court to day the three j being present when the cases were called col brodhead Brod bead arose and asked that THE DEMURRER I 1 de be st for argument in its ils order asit As it raised the question of the jurisdiction of the court and the validity of the lay under which the actions were brought brough tit it was proper that it sho ild first be disposed of united states attorney hobson took an opposite view he insisted that the question of the appointment of a 4 receiver should first come up and then the demurrer to the courts right to act and the sufficiency of the plaintiffs bill the demurrer presented issues that would be taken before the united states supreme court Cour courland tand and the consequent delay would suspend proceedings ce and prevent the appointment of a receiver the issues in the case he said were VERY GRAVE ONES and delay would work injury to and impair the rights of the plaintiff unless a receiver were appointed pending the final settlement of 01 the litigation senator mcdonald insisted that the defendant had a legal right to interpose a demurrer and to be heard on it and learn whether he shall be required to reake make further farther answer in the suit a against adust him the claim that the rights of of the plaintiff would be impaired was a peculiar one since there was no question of i equity involved and the plaintiff had no rights in the bill as set forth the government was not injured by the possession of pr property by the defendant the defense claimed that the fhe law providing for the institution of the suit was invalid the demurrer set this forth and the legal ground for asking the appointment of a receiver should be determined before the appointment is made the claims of the government in this case was in VIOLATION pir OF THE constitution and the law in the premises should be settled before the details of the case were entered into there was no doubt the question would be taken up to the united states supreme court the subject was further discussed by mr hobson and col brodhead after altet judges zane henderson and boreman had consulted for some time judge zane announced the majority of ane court are of th the opinion that the fhe motion to appoint a receiver should first be taken up the manber in which the announce announcement was made ade plainly indicated that the court was not unanimous and furth further tr that the chief justice was not with the majority mr hobson then taen stated to the court that the solicitor general of the united states was expected to attend to this case in person and asked that the hearing of the demurrer be post boned to a late date the court fixed the date thursday october 29 20 at 10 am or as soon thereafter as the business of the court would permit mr peters objected to thas and said he wanted it deterred deferred till he heard from THE ATTORNEY GENERAL who would conduct the case ile he was informed that when the ati demurrer was reached a motion to postpone the bearing would be heard F S richards for the defense then asked that the case be continued till 10 am tc tomorrow morrow to give opposing p og counsel time to consult and if hosli possible b e agree upon a statement of facts judge boreman inquired will that shorten case and was met with certainly it will dispense with taking the testimony by judged judda henderson mr clarke thought an agreement could be arrived at by Q 2 pm but mr richards application for a postponement till 10 am tomorrow to morrow was granted grante d and the court adjourned |