Show THE confiscation SUITS the report of the attorney general of the U states contains a statement made by bv united states district Att attorney varian in regard to the litigation tion over the church chuich property it r Is s introduced in this way MORMON CHURCH litigation I 1 submit herewith exhibit Q a report A of the united states attorney for ucb utah giving somewhat jn in detail the history and present condition of the litigation commenced under the act of march 8 1887 with reference to the property of the mormon church and the perpetual emigration fund company it lis ir of course well known that the decree of ohp th supreme court of utah in favor of the government was affirmed at the last session of the supreme reme court but the opinion to is withheld geld for the cou consideration of some motions on behalf of the appellants for a modification of the decree in explanation of the statements in jhb report of the district attorney I 1 beg to state tb that at the su suits its referred to in his report as necessary to be commenced before the day of december next have been instituted stel 9 will be promptly talento carry out the other suggestions made in the report and to bring wd said litigation to a conclusion as soon as practicable RETORT REPORT OF DISTRICT ATTORNEY EXHIBIT Q report of the atto attorney of the united states at for the district of utah upon the status us of the mormon church litigation afton OFFICE OP OF UNITED STATES ATTORNEY ioor FOR UTAH SALT LAKE CITY october 1890 sir in response to your request contained in your dispatch of the instant I 1 hereby submit the following statement of the so called mormon litigation ou on july A D 1887 the united states by its attorney general filed its bill in the supreme court of the territory against the church of jesus christ of latter day saints and certain alleged trub trustees tees and others under the provisions of section 17 of the act of congress of march 3rd ard 1887 at the same time another billias bill was filed against the perpetual emigration fund company and trustees under the provisions of section 15 of the act supra on november fth 1887 the united states marshal frank H dyer was appointed as receiver and qualified in both cases in the cue case against the emigration fund company no moneys and very little property arg are reported as coming into the hands of the receiver on january eth 1888 he be made a report showing the property coming into his hands to consist of an office safe desk books of account and a number of promissory notes of these last those not barred by the statute of limitations aggregate in face value as reported the sum of no real or estimated value to is given on february 15 1888 the only other report made by the receiver was filed and shows the receipt receipt by him of asli shares of parowan carowan co 0 operative stock raising company par value 1 per share the real or estimated value not given the expenses of the receiver are stated at 72 and vouchers exhibited As no further attention has been paid by the receiver or the court to this case I 1 assume that there were practically no assets and its consideration may be dismissed for your information I 1 may add that as I 1 understand it the emigration fund company was accustomed to advance to emigrants money for passage and expenses taking etc for the repayment the notes mentioned in the receivers report are doubtless of this class and the debtors being probably poor persons person and sand widely scattered throughout the territory it was conceived impracticable to attempt collection but to resume the history of the main case on october 8 1888 the receiver having gathered and reduced to posse possession eelon personal and real property the solicitors for the united states and the defendants agreed in writing to certain facts among other things specifying certain personal and real property then in the possession of the receiver and stating the time and manner of its acquisition by the defendant fen dant the late corporation and also setting out fully the alleged titles tend and clain claims 8 of the other defendants to certain portions and parcels of said property this statement also sets forth that block 87 plat A bait lake city survey knan tan wn as the temple block ell since 1848 had been used exclusively exclusively y for the purpose of the worship of god according to the doctrines and tenets of the church of jesus christ of latter day salute fia luts Afterward son the ath day of october Oc Oct tooer 1888 findings and decree were entered in pursuance of the said agreed statement and subsequently an appeal was taken and the cause deter mined in the supreme court of the united unite states this decree you have in the record on appeal and it is no u a necessary nece seary to further allude to it except to direct attention to the fact that it sets apart the entire temple block 10 arres aeres in all to the defendant church as property excepted in the act of congress and to the question of its finality in the meantime the united states had bad filed in the district court for the third district to escheat or forfeit certain of the realty specified I 1 in D the decree as follows to wit october 8 1888 against property generally known as the tithing yard aldand and office file no no against 1060 acres and one undivided half of acres all known as the church farm P no against property generally known as I gardo house and historian tor lans office 21 monition to claimants was issued published recorded and filed on december 6 1888 and before the return day certain claimants appeared specia specially by and noticed motions to die dismiss the several proceedings on various grounds including the alleged want of jurisdiction these motions were not brought on until september 10 1890 when they were overruled subsequently in two of the cases certain claimants to the property appeared and set up their claims it is expected that claimants in the third case will shortly appear time has been given the united states in which to file complaints or against the property and the respective claimants until I 1 december 6 1890 the defenses in these cameo as an evidenced by the claims already filed are in no gardo house and historians historian to office that the real estate was occupied as a parsonage or house for the pret ident of the ch church dreb and was so connected with church property which was used exclusively for the worship of god as to be exempt etc in no tithing yard etc that the church as a voluntary association cia tion owned the property property prior to the enactment of july 1 in both cases it is averred that the church is an association for religious and charitable uses and purposes and has the right to hold such property through trustees to be used tor lor such purposes and in both the limitations prescribed by section 1047 of the P revised 4 statutes are relied on I 1 am informed the sarae same matters substantially will be relied on in case no church farm and coal lands the manner and time of the acquisition of this property by the church is set out in the findings and decree a record of which you have and you are referred thereto for further information as to the sufficiency of th these defenses defend nm you will observe that the next ate step to be taken in these proceedings lings win will be the filing of complaints or against the property and the claimants by the attorney general and that the same should be done before december 16 the values of these parcels of realty are stated in the decree but property has very greatly appreciated since the receiver brought actions in the first district court at ogden to er the possession of certain realty as follows no 1630 against david M stewart et al to recover a parcel about 20 rods square quare in block 18 plat A ogden city known as the tithing yard no 1672 against R J taylor and lewlew lewie W to recover lots lota 8 and 9 in block 8 plat B ogden city being 2 acres of land known as tabernacle tj Ur rounds 12 no 1671 against robert M and the church association of weber stake of zion to recover the greater part martof of block 46 plat A ogden city known as the shurtliff residence the city of ogden has intervened in cases nos and 1671 claiming title in the tint first as a bona fide in the second by dedication to public use the property involved in the three cases is estimated to be worth in the aggregate over the opinion of counsel for the present receiver john A marshall esq is that the city has no claim that the receiver will pro probably bly recover in case came no 1672 no opinion expressed to no 1671 these cases are at al issue and I 1 am informed will be pressed for trial by the receiver I 1 should here state perhaps that the cou counsel noel for the church claim and have so testified in a hearing upon a reference of the former receivers accounts and acts acta that there was an agreement between the former district attorney and the former solicitor general and themselves that these actions in the first district court should be dismissed and that this was in part an in induce duce ment to the church solicitors to sign the statement of facts before referred to mr williams the attorney for the former receiver emphatically disclaims any knowledge of such agreement a and nd r I 1 am informed by mr marshall that the former district attorney has boa written to him bim to the same effect however an application to file amended answers setting up the decree of the supreme court as final and a bar and this alleged ora oral agreement as a bar has been denied there is a suit pending in the third district court against the receiver in which mary B R iliff as complainant brought to quiet title to a part bf lot 4 block 89 39 plat B salt bait lake city survey this suit will not be defended as the receiver makes no real claim on the day of july 1890 the court directed the receiver to make a full report of his doings and appointed J B rosborough esq as special examiner to examine and report thereon on july ath the receiver filed his hid re port po and objection 0 action having been made by the receiver r iver to mr rosborough Bos borough on the of july marshall N stone esq was appointed the examiner proceeded to take testimony and after a full and prolonged examination filed his findings and report I 1 enclose copy of the orders of reference and copy of the report of the examiner which you will observe present also the findings proposed by the united states in due time I 1 shall file exceptions to such part of the report and refuse to find as I 1 deem necessary in the mean time on the of july the receiver resigned and his resignation was accepted with the usual reservation and henry W lawrence wrence appointed who immediately qualified by giving bond in the sum ul of the receiver has sold the sheep in his possession by order of the cour courtaud tand the personal property in his bis possession october let and the value thereof may be stated as follows scares of deseret telegraph hoock no present value shares or of city gas stock par talus cash on hand in various banks 83 8 credits due on sheep 00 total 88 the rents ot the realty in his possession hereinbefore mentioned amount to 1000 monthly in the final report oi of the former receiver meltion to is made of certain parcels of realty in nebraska and the opinion ventured that steps should be taken to recover the same its value being stated at or the present receiver submitted the abstracts of title to mr J F gardner of omaha recommended as a 9 lawyer of repute and standing who returned his opinion adverse to the claim of the receiver and the united states I 1 I 1 have examined his bis opinion and fully concur with him in the conclusions reached the abstracts and opinion will be forwarded to you for your investigation should you deem it necessary the foregoing will I 1 think sufficiently advise you of the condition of affairs it only remains for me to specially direct your attention to some matters which seem to me to be of pressing moment by reference to paragraph 4 of the examiners report you will ascertain that up to july 15 1890 the expenses of the administration amounted to about 17 per cent of the sum re realized alfted the court has heretofore approved every expenditure and that is the end of it but it would seem desirable to close this business and as soon as possible as it seems to me that a ree receiver eiver is too expensive a luxury for the fund in this connection would it not be prudent to determine at once the effect of the decree and whether the receiver can proceed to take possession of other property should any be discovered if the decree is final in this regard there to is no uce in keeping a receiver ane his counsel as an annex to the fund the cases against the realty can be pressed and determined and the fund can be paid into the registry of the court there to remain until congress provides for it moreover in my judgment no other roo nalty will ever be discovered Further urther can the attorney general proceed under section 13 of the actor act of 1887 to institute proceedings to forfeit and escheat other realty if any subject to be es cheated and if so would it be best to investigate the temple properties and titles at manti and st george findings numbers 14 and 15 proposed by the united states see enclosed report sufficiently explain my view in this connection there are several parcels of realty which the present receiver is 18 convinced was the property of the church the proof of necessity nece mity must he be made by hostile witnesses who have a real personal interest in defeating the government ern ment the determination of these matters will of necessity be expensive and the result uncertain since the foregoing was written I 1 have filed exceptions to the examiners examine es report and enclose a copy herewith very respectfully CHAS B R VARIAN united states attorney the ATTORNEY GENERAL washington Washing tuu D C |