Great Salt Lake City
Aug 2nd. 1859.
President Silas Smith and the High Council of Provo,
The case of John Wheeler and his son Thomas J. Wheeler against Thomas Ross, Lucius N. Scovil and Isaac Higbee, on an appeal from your decision to the First Presidency, has been duly considered and decided by them as follows:-- That Thomas J. Wheeler recover for himself, and father, John Wheeler, the sum of five hundred dollars, and that this amount be apportioned among the defendents as follows:-- That Thomas Ross pay two hundred dollars, Lucius N. Scovil two hundred dollars, and Isaac Higbee one hundred dollars.
In giving this counsel we feel free to express our opinion that no cause of action existed at the time the attachment was issued at the instance of Thomas Ross against Wheelers, he having received full pay for the wheat which Thomas J. Wheeler had received from him, and considering all the circumstances attending the prosecution in taking the property and so dispensing of it as neither to pay the claims of those who made them nor otherwise satisfactorily accounting for the property so taken or the proceeds thereof, we cannot look upon the transaction but as reflecting upon that high character of fair, honorable, and equal administration of justice which should be the pride of every officer who holds position in this kingdom t maintain.
There is one great truth, which those who have not learned will have yet to learn, that the kingdom of God guarantees and protects all men and their rights, religious, civil, and personal, irrespective of their opinions.
Praying that the Lord may bless and preserve Israel and help them to do His will,
We remain truly Yours in the covenant of peace
Heber C. Kimball
Daniel H Wells