CURRENT EVENTS. Actions For Libel. On Jan. 21 Captain J. R. Middlemiss instituted a civil suit for libel against the Ogden Standard, claiming $10,000 as damages. On Jan. 28 F. J. Cannon Esq., editor of the Standard, was arrested on a charge of criminal libel. The basis of both of these actions is the publication by the Standard of the proceedings in a justice's court in Emery County in which Captain Middlemiss was a defendant, the case having arisen over a mining dispute in that county. The Standard people claim to have given an unbiased account of the court proceedings. Mr. Cannon had a partial examination before Commissioner Cross at Ogden on the day of his arrest. Bail was fixed at $1,000 which Mr. Cannon refused to give. He had previously refused to go on his own recognizance; but the Commissioner did not order him confined, and allowed him to go at large until Feb. 1, to which date the hearing was continued. Two Men Killed. ly, had awakened an intelligent snap. Yesterday he called the lit- On the afternoon of January 29th, a train left the Red Butte quarries, having eight cars loaded with stone and two empties. The track was slippery, and the grade, about 250 feet to the mile, was so heavy that the train, soon after starting, was beyond control. After running from one to two miles it flew the track and was badly wrecked. A young man named Joseph A. Young, a son of the late Joseph A. Young and his wife Mary, aged about twenty-one years, and another young man named George Walker, of Sugar House Ward, who were on a visit to the quarry, and not employes of the road, were killed in the wreck. The engineer, Wm. J. McDonald, was cut on the head and bruised in several places, but his injuries were not dangerous. A quarryman named Charless McCarty, who had boarded the train to help control it, had his right arm broken, and was cut and bruised. No other persons were injured. The engine and cars were considerably damaged. Another Utah Railroad. Martin Garn Arraigned. On Jan. 26, before Judge Sandford, the case of the United States vs Martin Garn came up. The defendant was called to plead; not being present he was ordered to appear by Wednesday, Jan. 30; later he appeared and pleaded not guilty to an indictment charging him with unlawful cohabitation with Mary Garn and Rhoda Hardy. The indictment was found on the 10th of March, 1886, but for some reason the defendant has never been called bonds all the time. to appear, though he was under The Utah & Arizona Railway Company articles of association have been filed with Secretary Hall. The articles for which this corporaReturned Missionary. tion is organized is to construct, Elder James F. Smith, of this operate and maintain a railroad city, called at our office Jan. 28 with the necessary and proper upon his return from a mission. branches and extensions over the following designated route: From the terminus of the Sanpete Valley Railroad, at Chester, Sanpete County, Utah, to Manti, in the same County, via Ephraim, a distance of about seventeen miles, together with such branches and extensions of the said railroad as this company may at any time, be authorized by law to construct, operate and maintain. every appurtenance and thing nec- A Fearful Deed. The Latter-day Saints held their semi-annual conference yesterday in their hall, 87 Gallowgate, Glasgow. Several Elders from Utah were The actual cost of constructing present, among them President the road, the right of way, locomoGeorge Teasdale, of the European tives and other rolling stock, and Mission, S. F. Whittaker, of the Scottish Mission, and H. M. Payne, of the Irish Mission. A Priesthood meeting had been held the previous evening, reports from which showed that the mission was in a favorable condition. From the statistical reports of the Scottish Mission, it ap- Santaquin, Utah County, was the peared that there were one High scene of a shocking occurrence yesPriest, seven subordinates, thirty-terday. John Anderson, a man seven Elders, ten Priests, eleven about 33 years of age, has resided at Teachers, eight Deacons, and 258 that place for some time, and remembers. Forty-nine members cently has been subject to spells of had emigrated, ten had been despondency. His relatives did not excommunicated, and six had think anything serious was the died. Seventy-seven baptisms matter, and therefore paid little were reported. Several of the heed to them. In one of these spells, Elders addressed the meeting. however, he ended his life, the only President Teasdale, speaking of the eye-witness to the deed being an prosperity of the European Mission, eight-year-old girl, a cousin of the stated that over 1,200 had emigrated suicide. this season by their own means. There was an old musket about The persecution of the Church in the house where Anderson resided, America, and the publication of and he would frequently take the Mrs. Stenhouse's anti-"Mormon" weapon and let the children pull romance in a British religious week-the trigger to make the hammer He left Salt Lake City on June 8th, 1887, and until his release labored in Indian Territory among the Cherokee and Choctaw nations. During his absence from home Elder Smith met with very encouraging success, and was everywhere received with much kindness. There were many inquiries concerning the truths of the Gospel, and a large number of persons seemed particularly anxious to investigate. During his mission six persons were baptized by Elder Smith alone; he also assisted his colaborers in confirming others. He returns home in excellent health, bringing two converts with him, and expresses himself as greatly pleased and satisfied with the results of his labors. To Hon. H. P. Henderson, Judge of the First Judicial District, Territory of Utah. Herewith is respectfully submitted the report of the grand jury for the term ending January 25th, 1889. Total number of cases examined, 194; witnesses examined, 405; cases dismissed, 73; indictments found, 121; United States, 104, territorial, 17; total number of days in session, 32. Ill in Prison. Brother Wm. Hill, of this county, who is serving a term in the penitentiary for living with his wives, is severely ill with inflammatory rheumatism. He is unable to leave his bed. A Bishop Installed. THE ZANE WITHDRAWAL. There was an unusually large attendance of members of the bar at the session of the Territorial Su preme Court January 29, brought out by anticipation of action on Judge Zane's notice of withdrawal from the prosecution of charges against F. H. Dyer, as receiver in the suit against the Church. At 10:25 Chief Justice Sandford and Associate Justices Boreman, Henderson and Judd came into the court room, and after the opening Judge Judd proceeded to read court in the Church suit, relating to the opinion of the majority of the Judge Zane's withdrawal, before mentioned. As the closing part of the opinion was reached it created The grand jury recommend to that has never before been wita sensation in Court, of a nature the court's attention the condition has been wanted on a charge of un-nessed in connection with the proof the jail at Brigham City. The lawful cohabitation, gave himself structure referred to has been ex-up to Commissioner Norrell Jan. 23 amined by a committee delegated He pleaded guilty to the charge,and for that purpose, and they report the was placed under $1000 bail to await building unsafe both for the de- the action of the grand jury. tention and habitation of criminals. The records of that county show W. A. BATES, Surrendered Himself. James Carlisle, of Mill Creek, who Voluntarily Appeared. Paul Cardon, of Lofian, surrendered himself into the hands of the officers on Jan. 19. Unlawful cohabitation is the charge. Mrs. Hendricksen. ceedings. The document is as fol lows: In the Supreme Court of the Territory of Utah. United States of America, plaintiff, vs. the late Corporation of the Church of Jesus Christ of Latter-day Saints and others, defendants. On the first day of December, 1888, T. C. Bailey, Rudolph Alff and J. F. Millspaugh, describing themselves to be trustees of the On Jan. 19 Mrs. Esther Hen-Seventh and Eighth School Disdricksen went from Ogden to Logan, her by the grand jury. having answered the questions asked Released From Prison. In the First District Court at Ogden, January the 26th, Peter J. Rasmussen, of Milton, Morgan tricts, and secretary of the board of County, was arraigned on the charge of unlawful cohabitation. trustees of the Twelfth School District, brought before this Court a peHe appeared without counsel tition in which they set out by desand pleaded guilty. He waived cription, divers and sundry pieces of time for sentence and said he real estate, alleging that the same was willing to obey the law, Brother Archibald T. Oldroyd, of was the property of said late corpohaving obeyed it from the time Glenwood, Sevier County, was re- ration. They likewise alleged that leased from the "pen." January on March 23d, 1888, April 4th, 24, having served a term of 1888, and May 14th, 1888, Receiver four months for unlawful cohabi- Dyer instituted actions in the Third tation, in addition to paying $50 fine and $77 costs. he understood the law, some two years ago. He stated that he was 69 years of age; had two wives; married the last some seven years ago; she was then 32 years old; she had one child about five years old; he had about 40 acres of land. F. A. Petersen, of Levan, Juab County, was released from the penitentiary Jan. 25. He has served an eighteen months' term on a conviction of adultery. This was a case where a charge of unlawful cohabitation was construed into adultery, as it was for living with his plural wife that he was prose The court informed him that it had been the policy of the government to suspend punishment where the people promised to obey the law, but It was customary to have defendants pay the costs. Yet the court, taking everything into consideration, did not feel to impose even costs, as defendant was aged and de-cuted. crepit. Sentence was therefore suspended during good behavior. Thomas Duce, of Hyde Park, Cache County, and N. Anderson, of Utah County, were released Jan. 26 from the penitentiary. The former has served three months, and the latter fourteen months, for living with more than one wife. Wm. C. Rounds, of Milton, Morgan County, was arraigned on the charge of unlawful cohabitation. He also appeared without counsel and pleaded guilty. He was 59 years of age; he had two wives alive; married the last twelve years ago; she had four children, the youngest be- N. L. Petersen, both of Ephraim, ing nearly five years of age. He Sanpete County, were liberated desired a week's time before sen- from the Penitentiary, having served tence. Court-You don't feel that you can take the same course as this other gentleman? Defendant-Well, I would like to consider it. Court-It would be a great deal more pleasant to me to dispose of cases in that way, if possible. Yet those matters are left entirely with you. You don't feel to let the case take that course today? On Jan. 28 Jens Andersen and their respective terms for the of Judicial District Court of this Territory against various defendants, and in the complaints in said suits, among other things, alleged that said last above described tracts of land were obtained and held by said late corporation in violation of section 3 of the act of July 1st, 1862, and not for the purposes of the worship of God, or parsonages, or burial grounds, and that the claims of the various defendants in said suits were invalid, and prayed that the deeds of said various defendants be held to be colorable, and that the cloud upon the title created by such deeds be removed, and that the possession of the said lands be adjudged to the said receiver for the uses and purposes mentioned in the sail section 3 of the act of March 3d, 1887. The petition then proceeds to state that afterwards, on or about the 9th day of July, 1888, the said receiver and the defendants to the suits above named, compromised said suits, and in lieu of said tracts of land described in said complaint (except a portion of lot 8, in block 76) that said receiver took the sum of $84,666.15, or a note therefor, to stand in the place thereof, and be treated and applied as the land should have been treated and applied; that the solicitors of said corporation were the Some men cannot stand prosper-attorneys of said defendants, except ity-for want of opportunity. one, in said compromises, and there by admitted that the land had been obtained by the late corporation and was then held by the defendants for the late corporation in violation of said acts of Congress, and that the plaintiff was entitled to recover if said acts were valid; and in effect admitted that the money received should be substituted for said lands, and should be applied for the benefit of said common schools; that the order of this court authorizing the said receiver to compromise said suits was made by the Court, as your petitioners are informed and believe, solely upon the recommendations and representations of the receiver and his solicitors, who stated to the Court that the estimates in the petition for authority to compromise were the actual and reasonable values of said tracts under the circumstances, and that said compromises were fair and reasonable; your petitioners charge, however, that said tracts of land were worth $225,000, and that $84,666.15 was a grossly inadequate valuation of said property; that no evidence was heard by the court in regard to said compromise, and your petitioners believe that the court was misled by the said representations and recommendations of the receiver and his solicitors; that the said order of the Court required the receiver to report said compromise to the Court for its approval, and that such report has not been made. The petition then proceeds to allege that the compromises should be set aside; but if they are allowed to stand, then the money or notes, or other evidences of indebtedness, or the proceeds thereof, taken for or in lieu of said land, must be applied as the land and the proceeds thereof was required to be. so fur could have taken and obtained liams as solicitor for said receiver ex The petition further alleges that the receiver, after he had entered upon his duties as such, retained one P. L. Williams, who was and is Territorial Commissioner of Schools, and one George S. Peters, who was and is the attorney for the United States in this Territory, as his attor The petition further states that neys and solicitors. That the said the difference between the amount receiver was, at the time of his ap- for which the 30,000 sheep above pointment, and is now, United States mentioned could have been rented Marshal for said Territory; that as and the amount for which they receiver he presented a claim for al- were rented, is about $5,000, and lowance to him for clerk hire, com- that this amount should be deducted pensation to solicitors, agents and from said receiver's compensation, employes, for office rent, stationery if, in view of his breach of duty, and other expenses, amounting to he is deemed entitled to any comthe sum of $7,865.53; that not hav-pensation; and if it be that he so ing yet been made parties to this rented said sheep in return for proceeding or granted leave to ap- any benefit to himself, or the pear therein, your petitioners have hope thereof, then he ought not not examined said report of ex- to receive any compensation, and penses of the receiver sufficiently to said contract of renting should point objections thereto; that such be disapproved and the receiver an examination would involve a held for all loss to the fund in consescrutiny of vouchers and probably quence of such wrongful renting. an examination of witnesses; but that if permitted by the court to do so, your petitioners, as they are informed and believe, can point out well-founded objections to said account. The petition further states that the receiver has presented a claim for allowance to himself, for his individual services as receiver, of $25,000; and in addition, each of his solicitors presented a claim for $10,000, said claims aggregating $52,865.23; that said claims for allowThe petition further alleges that ances were referred to the examiner the said receiver now has in his in this case to take testimony as to possession the sum of $75,000 re- the amount to be allowed; that the ceived in compromise for cattle and United States Attorney for Utah and other property; that said property, the Territorial Commissioner of as petitioners are informed and be- Schools both appeared for the relieve, was worth at the time $250,- ceiver in the taking of such testi000; that it was estimated by par- mony, and no one appeared for the ties to this suit, in a stipulation of United States or for the said comfacts made October 19th, 1887, to be mon schools; that on such examinaworth the sum of $268,982.39; and tion the defendant corporation at that this transaction between the first appeared by its solicitors, receiver and defendant corpora- Messrs. Sheeks & Rawlins, and by tion was made without authority them the first witnesses produced by from this Court. And further, that the receiver were cross-examined; since the appointment of said re- but afterwards, as petitioners are inceiver he has obtained possession of 30,000 sheep, the property of the defendant corporation; and after receiving the same he rented them, without any authority of the Court and without public notice, to one W. L. Pickard, a surety upon said receiver's bond, at the rate of 20 cents per head per annum, when the customary price was from 40 to 50 cents per head, and that in such The petition then proceeds to alrenting of said sheep the fund sus-lege that under the law George S. tained a loss of about $5,000. The petition further states that petitioners are informed and believe that the sum of $75,000 above mentioned, received from the said defendant, in compromise for certain property above mentioned, was a grosssly inadequate consideration, and the receiver should be held to account to the fund for the difference between $75,000 and a fair consideration for said property; and such difference your petitioners believe is not less than $175,000; or that said transaction should be disapproved by the Court, and the receiver held to a strict ac countability for all loss in consequence of his wrongful action; and further, that the receiver should be held accountable for the loss to the fund and to the common schools, caused by the compromise upon the real estate above mentioned; and this loss, your petitioners charge, on information and belief, is not less than $135,000; and that further, if said receiver be allowed any compensation at this time, it should not in any view exceed $5,000. The petition then proceeds to formed and believe, they were in-charge, that inasmuch as no one structed by the defendants not to has appeared on behalf of the comcross-examine and not to contest the mon schools, that the fund is likely claims of the receiver or of his so- to be greatly diminished by said licitors, and thereupon they ceased claims made against it; and that to make any further contest, and the appearance of some one for the the examination became and was common schools is rendered absowholly an ex parte examination by lutely necessary to the ends of justhe receiver and his solicitors before tice; and the fact that the Comsaid referee. missioner of Common Schools of this Territory is employed by said receiver against the interests of said schools, and that the United States Attorney for this Territory, is also employed against the common schools, and that the receiver himself is an officer of the United States, and that they are claiming that by a compromise the said schools have already been deprived of a large portion of the proceeds of said lands, and that those proceeds have become Peters, as United States District The petition further alleges, as Attorney, was bound to appear, petitioners are informed and believe, that there is property to a large amount, of which said receiver has not taken possession, that was owned by said defendant corporation and was in the possession of its agents or of others for said corporation, after said receiver qualified, and that he by virtue of his office, for the able." the property of the United States, stand referred to an examiner to examiner heretofore appointed, profurnish additional reasons for per- take such testimony as is offered, ceed and take such testimony as mitting the trustees of district both to sustain and disprove the may be produced by either party to schools to appear in this proceeding. charges contained in the petition, this proceeding respecting any and Wherefore, the petitioners pray and report the same to this court on all allegations of fraud, corruption, as follows: "That they may be made or before the next regular term and misconduct, or fraudulent and parties to such proceedings, or that of this court. If the charges of unconscionable claims, and charges they may be allowed to appear by corruption and improper conduct for compensation, and unprofestheir solicitor or otherwise in order to are sustained, and the fund in sional conduct on the part of Frank defend and protect the interests of the controversy in this case there- H. Dyer, as receiver in this case, common schools they represent and by preserved and protected, pro- and of George S. Peters and Parley preserve so much of the fund as may visions can hereafter be made for L. Williams, as his attorneys, conbelong to said schools, and that such the payment of the expenses in- tained in said petition of said school other trustees of district schools as curred, but in the meantime we trustees heretofore filed in this may wish to come in, may also be shall postpone the question of com- court." made parties or allowed to appear, pensation to the receiver and at- It will be observed that the petiand that your petitioners may be torneys until the bringing in of tion of the persons heretofore menallowed to produce evidence to prove the report. We have only had a tioned, expressly charged that the and substantiate the facts stated in few hours to consider this matter, receiver and his attorneys, Peters this petition, and that petitioners and therefore have not had time and Williams, misled and demay have such other and urther to state more in detail our reasons ceived the Court into the adoprelief as to equity belongs, and as for this action. An order should tion of a compromise of the to this court may appear to be equit- be entered conformable to this suits against the defendants, for opinion." Answers were filed by the recovery of the real estate the said Dyer and his solicitors, in mentioned, and that by this fraud due time, denying all said charges and deception there was a loss to the in full. fund of over $100,000. It was furWhen this opinion was rendered ther charged that the receiver by the court, it was distinctly rented 30,000 sheep for 20 cents a stated to the persons interested head per annum when he could have that the order should be drawn gotten 40 cents per head. And it in conformity with the opinion, was further charged that he comto be accepted and agreed upon promised a claim for cattle for by the parties and the attorneys $75,000 that was worth $268,998.39, on both sides, and when such was and that that transaction was made done, it should be handed to the without authority of the Court; and clerk of the court to be entered up- it is further charged that property on its minutes. Inasmuch as the to a large amount, which the re"This is an application of certain question of compensation to the ceiver could have taken possession school trustees to be allowed to inter- receiver had already been referred of, belonging to the late corporation, vene as parties to the case. We are to the clerk of this court, as spe- was by him neglected; and that his of the opinion that petitioners do cial ecommissioner, it failure to do so was for want of atnot show by their petition any thought proper or necessary to re- tention to his duties as receiver, or right to intervene as parties. There fer that question again to another from wilful negligence, or "through is nothing to show that the govern- commissioner, in- combination with agents of the late ment is not disposed to look after the tended, opinion above corporation." And it was charged interests of the fund, and the inter- set out clearly indicates, to refer that Peters abandoned his duty ests of petitioners as school trustees the charges of wrong action by as district attorney to the governare too remote to be recognized by the receiver and his attorneys to ment and took employment from an order allowing them to inter- a special commissioner; instead of the receiver, and that he was makvene. But the petition which has which, however, an order which ing a claim against the interests of been read contains charges of was not presented to the Court, his clients, to wit: the government, a grave and nature seems to have been drawn and against the receiver and his attor- entered, which, in so many words, neys, Messrs. George S. Peters and refers to Mr. Robert Harkness the Parley L. Williams. The charge case, to take and report to this Court has been directly made that the re- such evidence as may by the peticeiver has acted corruptly, and in tioners or the receiver and his councriminal collusion with the defend-sel be produced touching the matter ants, and that this court has been in said petition set out. Signed and sworn to by T. C. Bailey, Chairman Board of Trustees, Seventh School District; Rudolph Alff, Chairman Board of Trustees, Eighth School District; J. F. Millspaugh, Secretary Board of Trustees, Twelfth School District. Upon the application of the solicitors of said petitioners to be allowed to file said petition in said above entitled cause, to become parties thereto, this Court filed an opinion, written by Henderson, Judge, in substance, as follows: serious as the was but it was not and thereby impliedly charged with malfeasance and corruption in office. It was further charged that P. L. Williams, a commissioner of schools, accepted employment against the interest of the school fund, and that he was guilty of official misconduct; and that finally the claim upon the imposed upon by the representations This order, as will be clearly seen, part of the receiver for $25,000 as of the receiver and his said attor- was not in accordance with the compensation, to use the exact lanneys, and a fraud thereby accom- opinion of the Court; for it was not guage of the petition, "is grossly explished. If this be true, a crime has intended to refer the question of orbitant, excessive and unconscionbeen committed, and this court can-compensation to the receiver, it hav-able." not and will not pass it by without ing already, as above stated, been It is difficult to imagine how attention, as the action of these offi- referred to another person as special stronger charges than these could cers, charged with a delicate and commissioner, to take proof and re- have been made; and if even one of difficult duty, should be met by re- port thereon. Howbeit, when the them should be true, then the responsible accusers and have the op- parties met before Commissioner ceiver and his solicitors are not only portunity to confront them. Either Harkness, they differed materially not entitled to any compensation, the receiver and his attorneys have as to the matters that were referred; but the receiver should be dismissed been guilty of a crime, or some per- one side insisting upon taking proof from his office as such, and his atson or persons are interested in upon all the matters mentioned in torneys disbarred from the right to falsely accusing them. This petition the petition, and the other side in-practice in the courts of this Terriupon being verified and endorsed sisting upon confining the invesby some persons responsible for the tigation within the scope indicated costs which may be incurred, should by the opinion of the Court. Such be received and filed as charges proceedings were had as resulted in against the receiver and said attor- the application of this Court to neys, and they should each be re- amend or reform its order of referquired to file their respective an- ence, and upon that application the swers thereto, so far as the charges Court made the following order: of corruption, fraud and unprofessional conduct are charged against them respectively; and upon the filing of their answers, it should "It is hereby ordered that the motion to amend the journal entry be and the same is hereby allowed; and that the said Robert Harkness, the tory. Taking this view of the matter the court readily and without hesitation, sought by all the means in its power to give to these petitioners an opportunity to prove the charges, and hence, in its amended order, made the reference as broad as it could well be made, and even went so far as to include in the reference all allegations of fraud, corruption and misconduct, or fraudulent and un conscionable claims and charges for might enable the court to fix the exact words "fraudulent and unconcompensation and unprofessionable compensation for his services. But sionable" are use with reference to conduct on the part of the receiver. this matter being excluded by the the charges for compensation by the On the day after the last order amended order, only a small part of receiver. The paper has no place was made, said petitioners, together the receiver's doings can be investi- whatever in the proceedings; nothwith one other person, by the name gated. Under these circumstances ing is asked by it. It is wholly volof L. U. Colbath, who had not here- we believe it would be better that the untary and gratuitous, and was tofore appeared before the Court, court, if it so desire, should investi- evidently only for the purpose of came into Court and presented gate the conduct of its officers for putting in studied phrases and in through their counsel a paper writ- itself in a proceeding where the writing contemptuous and insolent ing, containing, in substance, the examination would not be cramped language. following: and narrowed as it is under this order. In that way the examination to as school It is impossible for this court to maintain its integrity and pass by without notice and without action such a contemptuous proceeding as Unto the Court your petitioners, the school trustees, respectfully state: The order of the Court as now modified by the Court, has we had some chance of benefiting these petitioners have been guilty totally changed the nature of the common schools of this Terri- of, and we are of opinion that this this proceeding. we A petition in tory, thought it our duty court should issue a written notice chancery has been transformed into to proceed, but we conceive it to each of the persons, Rudolph be a criminal complaint. We came here no part of our duties Alff, J. F. Millspaugh, L. U. Colto contest the compensation of the trustees to prosecute bath, and T. C. Bailey, requiring receiver and of his solicitors, and charges of fraud and corruption them to appear before this court, on our petition was for that purpose. against officers of this court, nor do tomorrow morning, January 30th, Under the former order of the Court, we conceive it a part of our duties at 10 o'clock a.m., to show cause we could have done so; under this either as school trustees or as private why they should not be punished order we cannot. The Court has citizens to incur the large expense for contempt; and in case they fail now ruled that we cannot do the of summoning witnesses from dif- to appear, the clerk shall issue writs only thing that, as chool trustees, ferent counties in this Territory, and of attachment for their arrest, and we were interested in doing, or had even from Idaho and Arizona, to bring them forthwith before this the right to do. We are completely merely to assist the court in scrutinexcluded by this amended order izing particular acts of its receiver. from performing the only duty in And in view of the facts above connection with the matter that our stated, and the complete change in office places upon us. But by this the character of the investigation amended order, the Court would im- made at this late day, we must depose upon us the duty of carrying cline to assume the functions of a on an investigation into the conduct grand jury, or to attempt to perform of officers of the Court for the sole the duty of the court in investigatbenefit of the Court, while confining, ing the conduct of its own officers; by their order, the inquiry within all of which we respectfully sub-proceeding of issuing a notice to mit." court. J. W. JUDD, SANDFORD. C.J., and At the close of the reading Judge Judd remarked, "I desire to add that I defer to the opinion of the majority of my brethren in the mild these gentlemen to appear before this court, but my own opinion is that a writ of attachment should be issued at once for these parties. The clerk will enter an order conformably with the opinion.” Judge Boreman, who dissented from the opinion of the majority of the court, stated that he had not had time to write his view of the matter, but would do so, and file it later. There was an unusually large attendance at the Supreme Court at the opening hour on January 30, both of members of the bar and spectators. The four judges were on the bench; Judge Zane was also present, but Messrs. Alff, Bailey, Millspaugh and Colbath were not. The latter was absent from the city, and had not been served. narrow limits. The Court has decided that our particular inquiries It is difficult to conceive of a of the receiver were proper, but at more deliberate and bare-faced the same time has ruled that all attempt to trifle with the court than other questions of the same nature has been attempted by the conare improper. The Court has so duct of these petitioners. They changed the order that it is doubtful assume the responsibility of making whether we could introduce testi- charges against officers and attormony upon most of the allegations neys of this court, which were of of the petition, because, legally, they such a character as no court could do not amount to charges of fraud, overlook. Every opportunity has corruption or professional miscon- been given to them to have a full duct. We are cut off from all in- and ample hearing to substantiate quiry into anything except those the charges; and after that, they particular statements in the petition come into this court with a paper which directly and in sufficient le whose statements are untrue and gal phrase charge fraud, corruption of a most scurrilous nature, and or professional misconduct. We can couched in the most disrespectful offer proof under this order only of a language, and by inuendo, and charge for compensation that is both almost by direct charge, attempt fraudulent and unconscionable. We to put the court in the position of have no allegation of such a charge undertaking by itself to shield its in our petition, and therefore we can officer and its attorneys against an offer no proof whatever on the sub- investigation of charges under ject of compensation. Had we un- which no man can stand up and derstood when this reference was face an honest community. The made, that the investigation would paper is full of false assumption be limited as it now is, we would from end to end, as can easily be then have declined to proceed. If it seen by reference to the facts heretobe the duty of the court to carefully fore recited. They undertake in the scrutinize the conduct of its own re- paper last quoted to say: "We can ceiver, and if it would place this offer proof under this order only to duty upon us, then it should not the charge for compensation that is limit the investigation as it now both fraudulent and unconscionable. does, to particular acts and to those We have no allegation of such a Judge Judd-We understand this alone, but in justice to us should ex-charge in our petition, therefore we matter to refer to the person, and tend the investigation to his entire can offer no proof whatever on the they will be required to answer in conduct as receiver. In assuming subject of compensation," when the person, not by representative. the duty of the Court, as we would fact is, their original petition, in so Judge Sandford-Let Mr. Col were we to proceed under this order, many words, charged, "That the bath be notified to appear the next we would be so confined and hamper- amount of compensation-$25,000-day after he is served. ed that we could not make our investi- claimed by said receiver, for his in- Judge Zane-The trustees who are gation complete. While proceeding dividual services is grossly exhorb- here are now preparing a statement under the original order we were itant, excessive and unconscion- to present to the court. authorized to offer evidence as to able." And it will be seen that in everything the receiver had done or the order made by the court and had failed to do, in order that we complained of by the petitioners the On the opening of the Court Judge Zane arose and said-If the court please, the trustees ordered to appear this morning in the contempt proceeding are in my room, except Mr. Colbath, who is out of town, and cannot get here until tomorrow. They all desire to wait till then if the court will permit it. They asked me to appear for them as counsel. These It will be ready in a few minutes. trustees will sign the statement. One of them, Capt. Bailey, is ill |