Show THE P E FUND COMPA COMPANY ny proceedings by the Govern government meat to wind up its ita affairs THE COMPLAINT ALLEGES THE PROPERTY TO BE in addition to the suit for the of the church filed in the territorial supreme court today to day assistant Asals Assis taHt attorney zane presented pres entea the papers la in a suit for an order dissolving the P F E fund company and the placing of its funds in the hands of a receiver until the business busl nesa ol of the com pany should be wound up the allegations in the complaints are as follows in the su supreme reme court of the territory of btag utah no of f term in equity the united states of america plaintiff vs the perpetual emigrating fund company and albert carrington late the president and F D richards F M lyman blyman ML HS H S eldredge joseph F smith angus M cannon moses thatcher john E R winder henry dinwoodey robert T burton A 0 smoot and h H B clawson late assistants defendants COMPLAINT to the judges of t the p supreme court of utah T the plaintiff the united states of america by george georae S peters the united states attorney for I 1 the territory aforesaid who brings this suit by direction of augustus 11 garland attorney general of the united states brings this its bill of complaint against the c corporation known and claiming to exist as the perpetual emigrating fund company and albert carrington late president and F D richards F M lyman H S eldredge joseph F smith angus M cannon moses mose thatcher john R W winder inder henry dinwoodey Robt T B burton u arton A 0 smoot H B clawson late assistants being the late officers of the perpetual emigrating fund company which was or claimed to be and exercised the powers of a co corporation I 1 created organized and edisto existing under and by virtue of an ordinance of the provisional state of acted and ratified by the legislature of utah and therefore the plaintiff complains and says the first to the fourth allegations in the complaint set forth the incorporating by act of the territorial legislature of the P E R fund company an association for charitable purposes and the objects and officers of the organization afif fifth th that the said it corporation known as the perpetual emigrating fund company acting and assuming to act under and in pursuance of the powers contained in its charter iby gift donation purchase or otherwise acquired and obtained since the first day of july 1862 and on the day of february 1887 held and owned large amounts of property real and personal goods chattels effects accounts obligations bonds mortgages and assets the precise value and des er crip lution tion of which the plaintiff is unable to state but asks leave to prove which on information and belief are of the value of about one million dollars sixth that on the day of february 1887 the congress of the united sta states te ys passed an act by which the ordinance of the provisional state of deseret as re enacted and amended by the act of the legislature of the territory of utah was disapproved annulled and repealed and the corporation of the perpetual emigrating fund company was dissolved and all its property and assets in excess of the abts debts and the amount of any lawf lawful ua claims established by the courts against the same were es cheated to the united states seventh that notwithstanding the tee rep repeal eal of the charter and the dissolution of the corporation of the perpetual emigrating fund company as stated and referred to in the sixth paragraph of this complaint complot ut the said corporation and the officers aforesaid still claim to hold and exercise the powers contained in its alleged allege d charter and to hold bold and dispose of the proper property and assets thichon wb ichon the day of february 1887 were held and owned by said alleged corporation wrongfully and unlawfully eighth that since the day of february 1887 there has been and is no 20 pe person ro lawfully authorized to take cha charge r ge of manage preserve or control the property and assets which were of the corporation of the perpetual emigrating fund company and by reason thereof all the property and assets which had been beld held or possessed by the said alleged corporation on the day of february 1887 is subject to irreparable and irremediable loss and destruction PRAYERS these are the same as in the suit against the church with the exception of the change of name where necessary the document is signed b by geo sarat S peters era U S attorney tor for utah and A H garland attorney general of bottne the UW united states ORDER OF COURT the order of the court to Is also substantially ly the same as in the proceedings against the church incorporation and fixes the date on which the defendants fend ants named in the complaint are to answer at september 1887 it is signed by chief justice zane and associate justice boreman the sections of the edmunds tuck er law under which these proceedings are had are as follows SEC sac 15 that all laws of the legis dative assembly of the territory of utah or the so called government of the state of deseret creating organizing amending or continuing the corporation po ration ioa or association called the perpetual emigrating fund company are hereby disapproved and annulled and the said corporation in so far as it may now have or pretend to have any legal existence is hereby dissolved and it shall not be lawful for the legislative isla tive assembly of the territory of utah to create organ izeor in any manner recognize any auck sw corporation or association or to pass any law for the purpose of or operating to accomplish the bringing or of persons in the said territory for an any y purpose w whatsoever hat SEC 16 that it shall be the du duty ty of the attorney general of the united states to cause such proceedings to be taken in the supreme court ot of the territory of utah as shall be proper to carry into effect the provisions of the preceding section and pay the debts and to dispose of the property and assets of said corporation according to law said property and aad assets in excess of the debts and the amount of any lawful claims established by the court against the same shall escheat to the united states and shall be taken invested and disposed of f by the secretary of the interior under the direction of the president of the united states for the benefit of common schools in said territory |