Show 1RIYARIA S REPORT To AttorneyGeneral Miller on the Church Litigation HE DOESNT WANT A RECEIVER That Recent Liamlnaiion of ErEcceircr Dyers Accounts Some Recommendations I submit herewith exhibit Q a report of the United States attorney for Utah giving somewhat in detail the history and present condition of the litigation commenced com-menced under the act of March 3 lSi with reference to tim property of the Mormon church and the Perpetual Emigration Fund company I is of course well known that the decree de-cree of the supreme court of Utah in favor I of the government was affirmed at tho last session of the supreme court but the opinion opin-ion is withheld for the consideration of some motions on behalf of the appellants for a modification of the decree In explanation of the statements in tho report of the district attorney I beg to state that the suits referred to in his report as necessary to be commenced before the 10th day of December next have bom m Bti luted Steps will be promptly taken to carry out tho other suggestions made in the report and to bring said litigation t a conclusion as soon as practicable KElOKT or DISTRICT ATTORNEY EXIUHIT Q Report of the attorney of the United States lor the district of Utah upon the status of the Mormon church litigation OITICE OF UNITED STATES ATTORNEY rou UTAH SALT LAKE CITY Oct 271500 Smin response to your request contained con-tained in your dispatch of the 2id inst I hereby submit the following statement of the socalled Mormon litigation On July SO A D ISiT the United States by its attorneygeneral filed its bill in the supreme court of the territory against the I Church of Jesus Christ of Latterday Saints and certain alleged trustees and others under the provisions of section 17 of the act of Congress of March 3 1SSi At the same time another bill was filed against the Perpetual Emigration Fund company and trustees under the provisions provi-sions of section 15 of the act supra On November 7 1SS7 the United States msrshal Frank H Dyer was appointed as receiver and qualified in both cases In the case against the Emigration Fund company no moneys and very little property prop-erty are reported as coming into tho hands of the receiver On January 9 1SSS he made a report showing the property coming com-ing into his bands consist of an office safe desk books of account and a number of promissory notes Of these last those I not barred by the statute of limitations aggregate ag-gregate in face value as reported the sum of 317140 No real or estimated value is given On February 15 188S the only other re port made by the receiver was filed and shows the receipt by him of 131 shares of Parowan Cooperative Stock raising Company par value H per share The real or estimated value not given The expenses ex-penses of the receiver are stated at 72 and vouchers exhibited As no further attention atten-tion has been paid by the receiver or the court to this case I assume that there were no assetts and its consideration may be dismissed For your information I may add that as I und rstand it the Emigration Fund > company was accustomed to advance to emigrants money for passage and expenses taking notes etc for the payment The notes mentioned in the receivers report are doubtless of this class and tha debtors being probably poor persons and widely scattered throughout the territory it was conceived tion impracticable to attempt collec tionBut But to resume the history of the main case On October S 1SSS the receiver having hav-ing gathered and reduced t possession 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 possession of the receiver and stating the time and manner of its acquisition by the defendant the late corporation and also setting out fully the alleged titles and claims of the other defendants de-fendants to certain portions and parcels of said property This statement also sets forth that block S7 platA Salt Lake City survey known as the Temple block since 1S4S had been used exclusively for the purpose of tho worship of God according to the doctrines and tenets of the Church of Jesus Christ of Lattcrday Saints Afterwards on the bin day of October 1SSS findings and decree de-cree wero entered in pursuance of the said agreed statement and subsequently an appeal ap-peal was taken and the cause determined in the supreme court of the United States This decree have in the record you on appeal ap-peal and it is unnecessary to further allude al-lude to it except to direct attention to the fact that it sets apart the entire Temple block ten acres in all to the defendant church as property excepted in the act of ityIn Congress and to the question of its final In the meantime tho United States had filed information in the district court for the Third district to escheat or forfeit certain cer-tain of the realty specified in the decree as follows t wit October S 1SSS against property generally gener-ally known as the Tithing yard and office J File No 7503 No 7504 against 1060 acres and one undivided un-divided half of lOG acres all known as the Church farm No 7505 against property generally known as the Gardo house and historians histo-rians office Monition to claimants was issued published pub-lished recorded and filed On December 6 1SSS and before the return re-turn day certain claimants appeared specially spe-cially and noticed motions to dismiss the several proceedings on various grounds including the alleged want of jurisdiction These motions were not brought on until September 10 1SDO when they wero overruled over-ruled Subsequently in two of the cases certain cer-tain 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 infor mations against the and tho property respective re-spective claimants until December 6 1S90 The defenses in these cases as evidenced by the claims already filed are In No 7505 Gardo House and Historians Office that the real estate was occupied as a parsonage or house for the president of the church and was so connected with tho church property which was used exclusively exclu-sively for the worship of God as to bo exempt ex-empt etc In No 7503 Tithing Yard etc that tho church as a voluntary association owned the property prior to the enactment of July I Ibt52 In both cases it is averred that tho church is an association for religious and charitable uses and purposes and has the right t hold such property through tru = tees t-ees to be used for such purposes and in both the limitations urescribed bv section 1W7 of the Revised Statutes ate relied o lam informed the same matters substantially substan-tially will be relied on in case No 7504 Church Farm and Coal Lands 750 The manner and time of the acquisition of this property by the church is set out in tie findings and decree a record of which you have and you are referred thereto for further information as to the sufficiency of these defenses You will observe that the next step to betaken be-taken in these proceedings wiilbe the filing of complaints or informations against the property and the claimants by the attorney general and that the same should be done before December The values of these parcels of realty are stated in the decree but property has ereatly appreciated since V The receiver brought actions in the First district court at Ogden to recover the pos jssion of certain realty as follows No 1030 against David M Stewart et V u al to recover a parcel about twenty rods square in block 18 plat A Ogden city known as the tithing yard No 1672 against R J Taylor and Lewis W Shurtiff to recover lots 8 and 9 in block S pin B Ogden city being two ctj acres of land known as Tabernacle grounds No 1071 against Robert M Quarris and the Church Association of Weber Stake of Zion to recover the greater part of block 46 plat A Ogden city known as the Shurt liff residence The city of Ogden has intervened in cases I sos 1630 and 1071 claiming title in the first I as a bona fide purchaser and in the second by dedication to public use I The property involved in the three cases is estimated to be worth in the aggregate over 5250000 The opiniou of counsel for I the present receiver John A Marshall Esq is that the city has no claim that the receu er will probably caIm case No 1G72 No opinion expressed to Nol il These cases are at issue and I am informed in-formed will be pressed for trial by the receiver I should here state perhaps that the counsel for the church claim and have so testified in a hearing upon a refernece of the former receivers accounts and acts thatthere was an agreement between the former district attorney and the former solicitorgeneral and themselves that these actions in the First district actons court should be dismissed and that this was in part an inducement to the church solicitors to sign the I statement of facts before referred to Mr I Williams the attorney fob the receiver re-ceiver emphaticay disclaims any knowledge of such agreement and I am informed by Mr Marshall that the former district attorney has written to him 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 oral agreement as a bar has been denied There is a suit pending in tho Third district court against the receiver in which Mary R Iliff as complainant brought to quiet title to a part of lot 4 block 8J plat B Salt Lake City survey This suit will not be defended as the receiver makes no real claim On the 13th day of July 1890 the court directed the receiver to make a full report of his doings and appointed J B Ros borough esq as special examiner to examine ex-amine and report thereon On July 5th the receiver filed hia report and objection having been made by the receiver re-ceiver t Mr Rosborough on the 15th of July Marshal N Stone Esq was appointed I ap-pointed I The examiner proceeded t take testimony testi-mony and after a full and prolonged examination ex-amination filed his findings and report T 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 duo time I shall file exceptions to such part of the report and refuse to find as I deem necessary In the meantime on the 10th of July the receiver resigned and his resignation was accepted with tho usual reservation and Henry W Lawrence appointed ap-pointed who immediately qualified by giving giv-ing his bond in the sum of 300000 The receiver has sold the sheep in his possession by order of the court and the personal property in his possession October 1st and the value thereof may be stated as follows 4 3 shares of Deseret Telegraph stock nopreelt valueS value-S shares of city gas stock par value 10 580000 0 Cash on hand in various banks 2JS12 S3 Credits due on sheep h 10000 O Tot S3S1S12 83 The rents of the realty in his possession hereinbefore mentioned amount to 1000 monthly In the final report of the former receiver mention is made of certain parcels of realty in Nebraska and the opinion ventured that steps should be taken to recover re-cover the same its value being stated at 25000 or 35000 The present receiver submitted the abstract of title to ll J G Gardner of Omaha recommended as a lawyer of repute and standing who returned re-turned his opinion adverse to the claim of tho receiver and tho United States I have examined his opinion and fully concur with him in the conclusions reached The abstracts and opinion will be forwarded for-warded to you for your investigation should you deem it necessary TbG foregoing I fore-going will I i think sufficiently advise you of tho condition of affairs It only remains for me t specially direct your attention to some matters which seem to mo to be of pressing moment By reference to paragraph 4 of the examiners ex-aminers report you will ascertain that up to July 15 1890 tho expenses of the administration ad-ministration amounted to S5i02iSG about 17 per cent of the sum realized The court has heretofore approved every expenditure and that is the end of it But it would seem desirable to close this business and I as soon as possible as it seems to nfb that a receiver is too expensive a luxury for the fund In this connection would it not be prudent pru-dent to determine at once the effect of the decree and whether the receiver can proceed pro-ceed to take possession of other property should any be discovered i I the decree is final in this regard there is no use in keeping keep-ing a receiver and his counsel a an annex to the fund Tho 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 pro-vides for it Moreover in my judgment no other per sonalty will over be discovered Further can the attorneygeneral proceed under section 13 of the act of 1SS7 to institute proceedings to forfeit and escheat other othr realty if any f subject t be escheated and i so would it be best to investigate the Temple properties and titles at Manti and St George Findings numbers 1 and 15 proposed by the United States see enclosed report sufficiently explain my view in this connection con-nection necton There are several parcels of realty which the present receiver is convinced was the property of the church The proof of necessity must be made by hostile hos-tile witnesses who have a real personal interest in-terest in defeating the government The determination of these matters will of necessity be expansive and the result uncertain Since the foregoing was written I have filed exceptions to the examinees report and enclose a copy herewith Very respectfully CHAS S YAiiiATf United States Attorney |