Idaho to the contrary, nothing of it may be burned out of the nasal purposes for which the escheatment that kind can affect the citizenship protuberance of our national system, was made. of any of its residents legally or in and no longer lay the rulers of the fact. To assume that the Idaho Republic open to the charge of ansolons are unacquainted with that archy, in seeking to escheat the profact would be tantamount to attrib-perty of peaceable citizens without uting to them a density of ignorance due process of law. that we cannot conceive can even exist in them. Such measures must therefore be considered in the light of unadulterated villainy. The other point is, to make the scope of the examination as wide as practicable. Those whose characters have been assailed owe it to the public and themselves that it The scene of Jan. 21 in the Ter- should assume as great a breadth ritorial Supreme Court is but one as can be legitimately given to it. of a series of pictures of the But if it be possible to keep anysame description. In considering it thing connected with or growing out the admission must be made that it of such a legal monstrosity as the is very much mixed. The opinions Edmunds-Tucker law within legal of the judges upon the question of bounds, it should, as all other judithe contempt of Receiver Dyer, or cial matters, be so restricted. The comrather, more particularly in relation mon sense position on this question to the scope of the investigation into is that as a general charge has been the charges preferred against him by preferred, the specific allegations Judge Zane, are in some respects out made under it only should be conof harmony with each other. In sidered.. We understand this to be perusing these learned disquisitions in consonance with a vital principle upon what appears to be esteemed to of law, that the pursuer may not be be a knotty point, the person who is permitted to spring unexpected not supposed to be possessed of what traps upon the pursued. This point is sometimes designated as "a legal of scope is a prominent contention mind" is led to exclaim, "What do between the parties, and necessarily they mean, anyhow?" Or he may so. This of course will be governed be in the position of the little by the order of court, which Judge boy at the show, who asked, "Which Powers, of counsel for the receiver, is the lion and which is the sacred has been authorized to draft, subass?" The showman's reply comes ject to the approval of the other neatly in place-"My little boy, you side. pays your money and you takes your choice." This business is developing into a gigantic scandal, and if the parties to it know what is to their best interests they will insist that the investigation be complete and speedy. The question connected with all these conditions is not one of legislation, but of politics, which underlies the whole scheme of rascality. Everybody possessing a moderate degree of sense and intelligence knows that the notorious Idaho test oath act is unconstitutional, as it practically nullifies that clause in the sacred instrument which forbids the application of a religious test. The act serves, however, as a political barricade, and will suit that purpose until swept away by the Supreme Court of the United States. To reach that tribunal requires time, and in the interim the mischief and wrong intended by the measure is accomplished. There is a prospect of the test oath law being overthrown before a great while; one would surely presume that such would be its fate so soon as the court of last resort is reached. The charges preferred by Judge This prospect causes the nulli- Zane against Messrs. Dyer, Williams fiers to formulate another bar- and Peters, are "corruption, fraud ricade, that the wrongs inflicted and unprofessional conduct.” We upon an honest and longsuffering observe two preliminary points that All of the three judges held that people may be continued. It is ex- the gentleman planting these Mr. Dyer was in contempt because pected that if the proposed bill to charges is seeking to attain. He he refused to answer certain quesdecitizenize members of the Mor- wishes it to be understood that he tions put to him by the other side. mon Church should pass, it will be does not stand in the position of a He is now given an opportunity to a period of years before it can be prosecutor, but rather as a public purge himself of it, the mitigating taken to the Supreme Court of the benefactor. He wants no squander-element in his favor being that his United States, and in the meantime ing of the property escheated to the refusal was the result of advice from it is presumed that the victims at government under a law regarding his counsel. whom it is aimed can be kept in whose constitutionality he was in Suppose this exculpatory ingredipolitical serfdom. serious doubt. This doubt existed in ent had not existed, it would have his mind at the time he, together devolved upon the court to punish with his "brethren on the bench," him. There is no knowing whether decided it to be constitutional. Judge the receiver will not still persist in Zane is exceedingly anxious that refusing to answer, or may decline this doubtful escheatment shall be to answer some other interrogations CHARGE OF CORRUPTION. protected. That being the sole de- with or without the advice of his sire actuating his proceeding in pur-counsel. This would evolve another peculiarity of the EdmundsTucker eccentricity. It is not improbable that the result would be that Mr. Dyer would be ordered imprisoned until he should conclude to Men who will favor such antirepublican legislation are self-seeking tyrants, and traitors to the institutions of the country. THE Edmunds-Tucker law is re-suit of Messrs. F. H. Dyer, P. L. sponsible for the most peculiar and Williams and George S. Peters, tangled-up situations that ever grew whom he charges with corruption, out of a statutory enactment since the fraud and unprofessional conduct, he creation of the world. It is a wart does not wish to be viewed by on the nose of the body-politic, and the court and others in the light of answer, and for that purpose would from every standpoint from which a prosecutor of those gentlemen. be turned over to the custody of the it is contemplated it has a forbidding This amounts to his saying: IU. S. Marshal. In other words he aspect. It is to be trusted that mean to conduct an official slaugh- would be turned over to the custody when the Supreme Court of the ter if I can, but it is all for a bene- of himself, the receiver and marshal United States takes a square look at ficent object that the "large being officially distinct but individthe ugly thing it will be treated by amount of property taken from a ually one and the same person. that august body to a vigorous ap-church" by a process of doubtful plication of judicial aqua fortis, that constitutionality may go to the The consequent question would naturally arise as a subsequent is sue, as to whether Mr. Frank H. "a large amount of property from a Dyer, United States Marshal, was church." And as there seems to be a a proper person into whose custody general disposition to be exuberto place Mr. Frank H. Dyer, re-antly generous with other people's ceiver. Would it be a competent money, it is a fair presumption that proceeding for the court to order the expenses will aggregate a con the former to take the latter to the penitentiary and there keep him in confinement until he should learn to pay due respect to the authority of the court? Seeing that the latter is the former, and the former the latter, the peculiarity of the situation can be estimated. Should the marshal proceed to arrest the receiver and take him to the pen, and hold himself in custody, would he not in his capacity as marshal make the warden toe the mark with treatment that would enable the receiver to have a splendid time during his incarceration? These are grave questions, and it is as well to take time by the forelock by considering the probabilities of this very peculiar situation which has grown out of a legal monstrosity. OBJECTS AND RESULTS. siderable sum. In this connection When the investigation comes to The turkey has been taken out of the hands of those to whom it legally The ostensible intention of the in- belongs. It has been seized that it vestigation into the conduct of Frank may be devoured. As to who pulls H. Dyer, George S. Peters and Par- it apart and polishes the bones is not ley L. Williams, in their manipula- a matter of so much moment to the tion of "a large amount of property original and proper owners as to taken from a church," is to preserve it for the alleged purpose for which the church was robbed of it. The matter has become so complicated and comprehensive that the question arises as to the potency of the means instituted to accomplish the object alleged to be in view. pre the confiscators. The former can Home From England. Elder Wm. Wood, Jr., of Minersville, Beaver County, arrived in this city on Wednesday evening Jan. 16, from a mission to Great Britain. He left his home in Utah on the 18th of May, 1887, and on arriving in Liverpool was assigned to the London Conference, and during the whole period of his mission labored in that part. The districts in which he traveled were in Hampshire, Essex and Kent counties; a small portion of the time was spent in London. There is not a great deal of interest in religious matters there, though some were found who were anxious for the truth, and gladly accepted the divine message. There was some little opposition, but nothing of a violent character. Elder Wood ing that he was performing his duty enjoyed his missionary labors, feeland doing good to his fellow men. His health was not of the best, owing to the climate, but he was able to attend to his duties. He returns home in excellent spirits. Release. Elder H. M. Tanner has been honorably released from the British For instance, suppose it be sumed, merely for the sake of argument, of course, that the inclination of the three persons now being hotly pursued by Judge Zane is in the direction of thickly lining their private pockets at the expense and to the "unconscionable" depletion of the "large amount of property taken from a church," this would lead to another point. Even should Fire Damp Explosion. the investigation referred to an exBy a fire damp explosion in Hyde Colliery, near Manchester, England, aminer, and which has assumed so Jan. 18, one hundred persons were many fantastic shapes, result in cur- We have learned, since the fore-entombed and twenty-five killed. tailing the efforts in the line of deriv-going was written, that Judge Zane ing personal profit made by the par-recedes and gives up the investigaDynamite in Madrid. ties pursued, how much would the tion, the ground of his retreat being Accounts of the repeated use of bombs continue to come from object of the escheatment of the that the court, in its order, does not Madrid. The city seems to be inproperty gain by it, in a financial give him the scope he desires. It fested with a class of miscreants sense? Everybody connected with now remains to be seen whether or who make and explode them. On this investigation seems tremend- not the court will take up the Jan. 17 a bomb was exploded in the ously willing that the expenses of charges made by Judge Zane and house of the largest weaver in the city, shattering a servant's leg. the inquiry shall be borne by the investigate them, as he appears to Several persons have been arrested fund accumulated by the taking of suggest. on suspicion, Martin Larsen, of Newton, was arrested recently on the charge of unlawful cohabitation. On Jan. 18, Lars Rasmussen, of Clarkston, was before Commissioner Goodwin on the charge of unlawful cohabitation. For the want of sufficient evidence to hold him he was discharged. as The testimony produced by the prosecution was to the effect that defendant had married in 1855, and married a second wife in 1876; also that the marriage ceremony charged in the indictment took place in Mantua, on July 27th, 1888; that the defendant had asked J. B. Carrington on this matter and he had told him it was necessary to be married again in order to make it legal. Accordingly defendant had paid Carrington $15 and the ceremony took place. Prosecutions in Cache County.gan work in earnest, but, in his de- undivorced. H. H. Rolapp appeared James Meikle, of Smithfield, Cache sire to spread the Gospel, over- for the defense. County, was arrested last week for worked himself so as to bring on having lived with more than one a severe attack of illness. Before leaving home he had met with an wife. accident to his foot, and this troubled him considerably. While he was in poor health he was attacked by bronchitis, and it was deemed advisable to release him, as to have kept him there would have been almost certain to result in his death. He was himself unwilling to come, but Apostle Teasdale considered it was the best course to follow under the circumstances. The president of the conference where he labored, Elder Whittaker, wrote President George E. Parkinson, of the Oneida Stake, explaining the circumstances, and stating that Elder Lowe was one of the most efficient missionaries he had in the field, notwithstanding the fact that he had been there but a short time. Mr. George Johnson, of Richmond, was arrested on Jan. 15 for unlawful cohabitation, by Deputy Marshal Hudson. He gave bonds for his appearance in the commissioner's court when wanted for examination. David Butters, of Clarkston, having given himself up, was before Commissioner Goodwin on Jan. 18 on the charge of unlawful cohabitation. He was placed under $500 bonds to await the action of the grand jury. Frank Whitehead, of Richmond, learning that he was wanted on the charge of unlawful cohabitation, surrendered himself to Deputy Marshal Hudson on Jan. 16. On January 16, Thomas Griffin and Thomas Godfrey, of Clarkston, were before Commissioner Goodwin. They pleaded guilty to the charge of unlawful cohabitation and were bound over to await the action of the grand jury. Samoan Affairs. Advices from Samoa represent a serious state of things there. On the night of Jan. 5 sailors from three German men-of-war attacked a body of Mataafa's troops, and 22 Germans were killed and 31 wounded. Since then the German war ships had burned the houses of American citizens, torn down United States flags, and taken a number of American citizens prisoners on board their war ships. They had also fired at some English naval officers. There were some fears that Brother Lowe would not be able to stand the return trip, but we are pleased to learn that his health has improved so that he is now considered fairly out of danger. Probate Judges. On Jan. 21 President Cleveland of Utah: James Murray, Beaver For and From the Penitentiary. In the Third District Court Jan. 21 Thomas Gunderson, of Mill Creek, was arraigned on an indictment charging him with having lived with two wives. He pleaded guilty, and was sentenced to imprisonment in the penitentiary for 80 days and to pay a fine of $100. Gibson Condie and five others were released from the penitentiary January 20. They had completed their terms for unlawful cohabitation. On Jan. 21 Lars Swenson, of Moroni, Sanpete County, was released from imprisonment. He has served a 90 days' sentence, and 30 days additional for the fine imposed. The Germans justify their conduct towards Americans on the ground that an American named Klein led a body of Mataafa's men in an First District Court. attack upon Germans. According to particulars so far received, howA session of the First District ever, the Germans were without Court was held at Ogden Jan. 22, excuse. On Jan. 20 the United Judge Henderson presiding. States war ship Vandalia was disMark Hall, convicted of volunpatched from Mare Island Navy tary manslaughter in causing the Yard, San Francisco, for Samoa. death of Wm. Bybee, was called for Admiral Gherardi says that in sentence. He said he had nothing case of war with Germany over to say why sentence should not be Samoa, the scene of operations passed. The court stated that the will probably be confined to that jury had brought in a verdict which island, and though our navy is weaker than Germany's, we would have a decided advantage in being able to throw a large body of troops on the ground much quicker than Germany. Returned Home. he considered just, but judging from The case of the United States vs. Rasmus Jepperson, polygamy, was Elder James G. Lowe, of Frank- placed on trial. Defendant was lin, Idaho, returned on January 7th, charged with having married Marfrom a mission to Scotland. He only garet C. Alexander in July, 1888, left his home last October, and was while Mary Ottesen, whom he had assigned to a field of labor. He be-married in 1855, was still alive and The defense only reiterated the testimony showing that Carrington had taken the money and married the parties, the defendant, who is 69 years of age, having submitted to it on the advice of Carrington. The case was submitted to the jury after brief arguments, and they retired for consultation. During their absence Commissioner J. B.Carrington was arraigned on a charge of performing an illegal marriage between Rasmus Jepperson and Mary C. Alexander, performed at Mantua on July 27th, 1888. Defendant pleaded not guilty. Judge Powers, appearing for the commissioner, asked that the trial be set at as early a day as possible. The case was passed for the present. they had agreed. They filed into Thomas Bullock was arraigned on two indictments charging adultery and unlawful cohabitation. He pleaded not guilty to both. Peter C. Gertsen was arraigned on the charge of unlawful cohabitaLater in tion, and pleaded guilty. the afternoon he was called for sen De tence. Mr. Rolapp stated for him were John C. Green, a native of England, now a resident of Cache County, was admitted to citizenship. Anarchist Meeting. What was apparently a deliberate test by the anarchists of Chicago to see how far they could go under Judge Tulley's decision confirming their right of free assemblage was made January 20. Paul Grottkau assailed the peace policy with extraordinary vehemence. A handful of men, he declared, could not hope to obtain freedom by peaceable means. Oppressors would not give up their privileges without fighting for them. "Every step," said he, that has been made in advance has been paid for in blood, and has left the pathway behind it strewn with corpses. The Grottkau here bent over to the corporation was rightfully dis- guilty of contempt, and that he be DYER CONTEMPT CASE. BY CHIEF JUSTICE SANDFORD, reporters and said, "This is diplomatic language and we all understand what it means." This remark was caught by the audience and When the order of reference diwas greeted with laughter and aprecting that testimony concerning plause. The speaker, in concluding, A petition was presented to this the charges set forth in the petition shouted, "Down with the capital- court in the above entitled action, was made, it was the intention of the ists! Down with the present system! signed by T. C. Bailey, chairman of court that the examiner therein apDown with the robbers! Down with the Board of Trustees, Seventh pointed should take proofs touching wage slavery!" Tremendous cheers, School District; Rudolph Alff, chair- the alleged misconduct of the officers accompanied by stamping of feet and man Board of Trustees, Eighth of the court only, inasmuch as the clapping of hands which lasted School District, and J. T. Mills-question of the amount of compenseveral minutes, greeted these peror-paugh, secretary Board of Trustees sation to be allowed to the receiver ations, and Grottkau resumed his of the Twelfth District, for permis- had already been referred. This inseat with a very congratulatory ex- sion to be allowed to become parties pression. The immense audience therein. slowly dispersed, singing the Marsellaise." Race Troubles. Serlous trouble between whites and blacks was lately reported from certain counties in Mississippi. It was stated that a low and lawless class of whites had driven a large number of negro families from their homes and lands. A letter appeared in the Jackson Mississippian on Jan. 18 reciting the troubles and demanding that the negroes be restored to their possessions if it required the entire state militia to do it. The governor was about to take active measures, at last accounts. That petition was denied, on the ground that they were not proper parties and had no right to be brought in as intervenors. tention was evident from the de cision of the court then rendered. If the order made had been drawn so as to embody the purpose of the court, the amendment to the order now sought would have been unnecesThe petition, however, contained sary. If granted now, the amended serious charges reflecting upon the order will incorporate the intention receiver appointed in that action, and decision of the court, as then and upon his attorneys, and it was expressed, and we think the amenddecided that while the petition ment should be allowed. As the should not be granted, the charges order was originally drawn, the peof corruption, fraud, improper and titioners' contention that the quesunprofessional conduct ought to be tion of compensation was also reinvestigated. was given, ferred had some grounds, if read therefore, to the petitioners to file alone, and not in connection with their petition in this court. The the decision of the court. Under the persons charged with improper con- order of the court, as then entered, duct were required forthwith as of- the question which the witness reficers of the court to file their ans-fused to answer was proper and perwers thereto; and in the language tinent, and the question should have of the decision then made, "It been answered. should be referred to an examiner to take such testimony as is offered both to sustain and disprove the charges contained in the petition." Leave The question of the amount of compensation which the receiver should be entitled to receive for his services having theretofore been, by an order of this court, referred to an examiner, it was further decided that that question should be reserved until the report of the examiner to be appointed to take proofs of improper and unprofessional conduct should be received. On such an examination as this, the wisest course generally is not to stand on the accused's legal rights, but to answer freely and in detail all questions that have the remotest connection with the subject of the investigation. The ruling of the examiner by which he excluded questions relating to the conduct and financial condition of the receiver when acting as a private citizen or acting in any other official capacity was correct. The charges made against him were directed to his conduct as an officer of this court, and all questions that bore on that point, even though remote, and not clearly connected with it, should have been answered. The Church Suit at Washington. In the argument of the Church suit in the United States Supreme Court on Jan. 19, Solicitor General Jenks, for the United States, held that Congress had the constitutional right to dissolve the corporation. He maintained that the clause of the Constitution giving Congress the right to legislate for the territories gave it the power to repeal territorial enactments. He declared, moreover, that the constitution of Utah provided that acts passed by the legislative assembly should be null and void if disap- Thereupon an order was entered proved by Congress, and the express and the charges of malversation power to repeal territorial acts was referred to Examiner Harkness. thereby conferred upon the legisla- An examination was commenced ture of the federal government. It before that examiner, and the re- The receiver, as appears from the was for Congress to determine when ceiver, Dyer, was sworn and inter-testimony before us, was advised by and under what circumstances it rogated as to his conduct. He re- his counsel that he need not answer would exercise this power. He also fused under the advice of his attor- the question, the refusal of which contended that the act incor- ney, as appears from the record be- has been reported by the referee to porating the Church was invalid, fore us, to answer certain questions this court. because in conflict with the pro- declared by the examiner to be visions of the Coustitution forbid-proper. His refusal so to answer ding the establishment of religion. has been reported to this court, and He furthermore asserted that the an order is asked for declaring him It has been held in many cases similar to this that such advice. honestly given and accepted and acted upon in good faith, is to be considered as exculpatory (3 Sand- right to intervene as parties to that to the scope of the examination; on ford 662.) The receiver's counsel proceeding, we held that the inter- the part of the petitioners it was were wrong in giving such advice. ests of the petitioners were too re- claimed that it was but a continuaThe order standing alone, and not mote to be allowed to intervene as tion of the examination before Judge taken in connection with the de- parties, but the petition contained Sprague, and that everything was in cision of the court, authorized and charges of grossly improper, fraudu- issue that was put in issue by the justified the question put to the re-lent and dishonest conduct; that by petition and answer, that the receiver. If, in their opinion, the this misconduct the fund had suf- spondents having been examined before Judge Sprague could be recalled, order was incorrect, it was their fered a loss of over $200,000. and that their character was in issue the same as though they were plainduty to have promptly moved the court for its correction and amendtiffs in an action of libel or slander, ment, and the examiner, on their stating their wish, would have and that they might be cross-exdoubtless have suspended temporamined upon that theory; on the arily the examination of the witother hand, this was denied, and it ness until the decision of the court was claimed that nothing upon the ceived. The petitioners called reupon their application to amend subject of compensation could be recould have been obtained. spondent Dyer and proceeded to examine him upon the theory claimed The examination was by them. without authority conferred by the We fully appreorder of reference. It has been held that a referee has no power to dismiss a suit because of a refusal of the plaintiff, or a witness, to testify. He should report the matter to the court and await its decision. In this case, however, the examination has not been so fully closed that it may not be resumed. We are of the opinion that under the amended order the examination should proceed before the same examiner. We are not willing that the conduct of such of ficers should, when challenged so seriously as is the case here, be allowed to pass without a full and complete examination, by means of which the charges made may be either proven or the persons accused exonerated. The hearing, therefore, must be continued as rapidly as possible. The charge was directly made that this court has been imposed upon and deceived by the representatives of the receiver and his attorneys, and that the receiver had fraudulently acted in collusion with the defendants in the case, and with some of his bondsmen, and that fraudulent and unconscionable comAt pensation had been sought. once upon the hearing of these petitions, without entering upon any investigation of the matters contained in Judge Sprague's report as to the amount of compensation, ciate the embarassing situation of deeming that question wholly im- the learned examiner, and fully material to us, if the charges con- affirm his conduct of the matter betained in the petition were true, and fore him, and only regret that he be the premises, and we propose to rethat the question of the amount of was not clothed with authority in compensation We can see no good reareached by this court in that event, fer it back to him and give him that this court directed that the petition authority. be received and filed as charges of son why the petitioners should not official misconduct on the part of have proceeded with other testithe receiver and the attorneys, so mony, especially in view of the fact far as such fraud and misconduct that the respondents offered to stipwere alleged herein, and directed ulate that the examiner should have of the admissibility of testimony and an examination of the charges at authority to pass upon all questions once. the scope of the inquiry. would never The session of the court necessarily terminated on the day this Were it not for the excuse pre-order was made; the engagements of sented by the receiver for his con- the judges imperatively called them duct before the examiner, a fine to their respective districts at once would be imposed on him. His re- thereafter; but to facilitate the infusals to answer, although no one has vestigation it was sought to refer suffered therefrom, were unjustifia- the taking of testimony upon these ble and contemptuous, and, unex-charges to an examiner, and with cused, would have merited serious the consent of all parties concerned and severe punishment. Under the selection was made of one of the circumstances presented here, how- most eminent and learned members ever, the proceedings looking to his of the bar of this Territory, whose punishment should be arrested and action in the matter has fully justithe application therefore denied. fied the confidence reposed in him. He will be allowed an opportunity At the time of making this order the in the examination, when resumed, court filed in writing a memorandum to show that he purges himself of of the order that was intended by it. this particular contempt by answer-This was done in view of the fact ing the questions ruled upon by the that the court would necessarily adexaminer as proper. journ before the order could formally be reduced to writing and entered upon the journal, and attention was expressly called to it at the time, and counsel were directed to co-operate in preparing the order This An order will be entered provid-pursuant to the directions. ing for the further and speedy investigation of the charges of improper and unprofessional conduct, such investigation to be carried before Examiner Harkness, the time and place of which will be fixed by the court in its order. As to the terms of the order re-submitting the matter to the examiner, I concur in the opinion read by Judge Henderson. The question of compensation to be allowed him, will, as was heretofore directed, remain undisposed of until the completion of the examination now to be resumed. er. It is but fair that a speedy investigation should be had. Counsel as well as receiver are resting under grave charges. The examination to be had before the examiner is in nowise a continuance of the investigation before Judge Sprague. We have expressly reserved that question until after this investigation. We have not examined the matters of that report, and do not care to until we hear from this investigation. If in the end it comes to be a mere question of computing and estimating the amount of compensation, this court will proceed to do its responsibility as this guardian of the fund in controversy, and will seek such information as is necessary for that purpose. On the other hand, if these charges of fraud are sustained, no inquiry of that kind will become necessary, and the bond of this receiver will stand as indemnity to make good any loss the fund has sustained thereby. upon The examination is to be had unseems to have been neglected, and the order entered and given to the der the order of reference. It is the examiner referred all matters con- order of the court which specifies tained in the petition to the examin- the matters to be investigated and No answer had been filed to the confers jurisdiction upon the excharges, and under such circum-aminer, and points out the range of denials upon stances the reference was somewhat inquiry; and the parties cannot by matters make uncertain. Ample time was given their allegations and by the order to each party to pro- other immaterial duee testimony. The answer of re- them material. We have examined spondents was thereafter filed, tra- with care the supplemental report versing the entire petition, and on made by the examiner, containing The reference to investigate the the day appointed by the order all a detailed statement of all that transcharges against the receiver and his these matters were taken to the pired before him, and we are satisattorneys has failed. When the re-examiner and an examination was fied with the rulings he took the port of the examiner, to whom was responsibility of making, as well as referred the matter of compensation the action he intimated he would case and had authority in the to the receiver and his attorneys, take if he was himself hearing the was presented to this court, or it was premises. announced that it was ready to be filed, the petition of the school trustees was presented, asking for the BY JUDGE HENDERSON: attempted, and he has reported to us At once an application was made An order should be entered referring it back to the examiner, and |