Show THE STRUGGLE FOR SPOILS evere arraignment of receiver dyers daeris course in the church cases V U S ATTORNEY PETERS ALSO SCORED judge zane says the claims for tion alon are grossly exorbitant ex and unconscionable 11 the following is the f ull full text of the petition of zane zane for the school interests to be allowed to take a part in the contest now going on for the mormon church property la iii the supreme court ol of utah tern tory tor june term tenn 1888 the united states of america plaintiff vs the late corporation the church of jesus christ of latter day saints and others defendants 21 ay 0 the he honorable supreme court of c r the territory of utah respectfully represent unto your honors the trustees of schools of the seventh eighth ninth and twelfth school districts af salt lake city in utah territory that under the laws of said caid territory trustees of schools of school districts receive and hold bold all property of such districts and receive hold expend and apply all moneys and proceeds to be applied and expended to the use and benefit of the common schools in ic providing suitable schoolhouses and grounds in the employment of teachers and for all other common school purposes and that the district schools of said I territory are its common schools that there is ia HOW iakow in the possession and cust custody ocly of frank H 11 dyer the receiver appointed by this court in the above cause real estate obtained and held beld by the said late corporation in violation of section 3 of an act of congress approved july alst 1st 1862 I 1 and also in violation of section 1890 of ue lie statutes statuses of the united states described as follows all the past east half of lot six 6 block seventy five to 75 plat A salt sait lake city survey salt ball lane lage Co county colunto lunty utah territory and bounded as follows commencing at the northeast corner of said lot running thence south ten 10 rods chente west ten W 3 rods tawnee thence north norta ten 10 rods east ten 10 rods to the place of beginning also part ot of the west half of said lot 6 6 block seventy five 75 plat A salt sait lake city survey bounded as toi foi lows commencing at a point ten rods west of the northeast corner of said lot and running thence south ten tell 10 rods thence west seven 7 rods thence north nonh ten 10 rods thence east seven brods 7 rods to the place of be beginning in also part of lots three 3 and four 4 in block eighty ei aigul ut 88 plat A salt balt lake city survey county and territory aforesaid and bounded as follows at a point four 4 rods north of toe me sout southeast corner of said lot four 4 thence north sixteen IJ iuds thence east twenty 20 roas thence south twelve and ofie one half 12 11 rods thence west fourteen 14 rods thence south three and oue one half 3 1 a rods thence west six 6 rods to tue toe place of be gin ginning Ding also all the boatti naif 3 1 s 1 of lots ave A 5 and six ain block eighty eight 88 as tile the same are platted in plat A salt lake city survey county and territory aforesaid also all those certain tracts of land situate in said eaid county and territory known as the cauch uch farm described and bounded as follows all that portion of lots ten tea 10 eleven 11 twelve 12 thirteen 13 and fourteen tour teen 14 block thirty eight 38 big field ten sere acre plat territorial survey containing sixteen and seventy two one 16 72 acres which is included within the limits ot of the northeast nonh quarter of section 24 also so the east cast half of tue the northeast quarter also parts of lots 1 and 5 co commencing n 1 at a point south 14 rods i from roin the northeast corner of lot 1 section 23 thedice west 48 4 10 rods thence south 90 96 rods thence south 19 deg east 11 2 10 rods to the west bank of apter water ditch south 25 deg 44 rods more or less to the south line of the northeast corner of seeton section on 23 thence east 47 rods more 0 or riess les to ta the southeast corner of lot 5 theace north rods to the place of beginning containing 73 3 35 acres more or less also one half of the street on the north side of alithe all the above described land containing acres more or less les also part of the southwest quarter U ot section 24 commencing at a point 28 rods rode west from the southeast corner of said quarter section thence running north 30 deg east 56 rods tu to the east line of at said quarter section thence north illja 14 1 rods to lo tile the centre of said section thence west rods rodg thence south rods thence east rods to the place of be beginning inning containing 38 acres acres more or less also lots 6 and 9 in section 23 and lots I 1 and 4 in section 26 containing acres more or less lees also part of the southeast quarter ol of section 23 commencing at the northeast corner of said quarter section thence running south rods t thence west rods thence north rods more or less les to the river jordan ohp thence nce down bald baid river 9 rods more or less thence east 2 rods thence along the east cast bank of water ditch north 25 deg east 56 2 10 roda thence ta ast rods catbe place of beginning containing acrea more or less also part of the nor northeast thet quarter of section 26 containing acres more or less leas also part of the northwest quarter quarte of section 24 commes commencing cing 34 rods south from the northeast corner of 91 said cuarte acarter section running thence west rods thence south reds thence east rods thence north rods to the place of beginning con acres more or less also one halt of the street on the north side aide of said quarter section contain tog sag 2 acres also part ot of the northwest nort quarter barter of section 25 commencing at al le the sout southwest corner of said quarter section thence running north rods thence east rods thence south west 92 rods thence south 69 6 10 rods thi thence price west 50 rods tarence south 12 3 10 rods thence west 36 86 rods rode to the place of beginning begian tu go containing 93 98 38 acres more of jess le so also the northeast quarter of sec section ti on 20 containing acres all of the t he above described lands are a situated t te d in town obia 1 south of range T w west eat united states survey of utah e excepting ac epting how ever the f following oll owing described tract of land conveyed to the denver and rio grande western railway hallway company by teed deed dated february ath 1882 beginning in the centre of the D R G W R R track 12 rods south and 30 rods east from the northwest corner of the northwest quarter of section 24 township I 1 south of range 1 west salt lake meridian thence east 50 feet thence south parallel with and 50 feet distant from the centre of said R BR R R track 6 10 feet to a 2 degree decree curve thence southerly on the eist east tilde side along said 2 degree curve and 50 f feet from the centre of said B R R track crack feet thence south 14 X deg east 2535 feet thence west feet thence north U def dag west 2535 feet thence norther northerly long along said 2 degree curve on west side thereof and 50 feet distant from the centre of said railroad track feet thence north U 10 feet thence east 50 feet to the place of beginning containing 17 56 acres of land lying within the limits of the west halt of section 24 and west halt of northwest quarter of section 25 township and a ad range aforesaid af ore said also the undivided halt of the following described tracts of land the south halt half ot 0 the southeast quarter quart erthe the southeast quarter of the southwest quarter Ju arter and lot 4 section 18 and the north half of the northeast quarter in section 19 all of said land is in township 3 north of range 6 east in summit county utah territory and section 13 of an act of congress in force march 3 1887 provides that the attorney general of the united states shall institute and prosecute proceedings to forfeit and escheat to the united states 4 property acquired and held in violation of said section 3 said section 43 13 also declares that all such property as forfeited and escheat eti ed shall abali be disposed of by the secretary of the interior and the proceeds thereof applied to the use and benefit of the common schools of utah territory your petitioners petition ers further allege that a portion of said real estate soon after tile said receiver came into possession thereof was and is now rente daby doby said receiver to the agents of toe Church of jesus christ of latter day saints that rents to a large sum are now in his bis hands bands as receiver and other rents will be collected by bigall of which in equity and good conscience should be applied to cheuse the use and benefit of said common schools that a portion of this land without authority from this eburt has haa been and is now rented tp to a agents ento of L aid said church to be used as a aft tithing hing yard and the renting for such purpose ip your petitioners petition ers protest contrary to the true intent fid and spirit of the laws of congress and in it so doing the said receiver violated his bis duty as such receiver but the 1 rents rent p that have been and shall be collected it if retained your petitioners petition ers claim should be regarded as proceeds of the landane lan dand daud should bp b appropriated to the same P purpose the use and benedit of the common schools of this territory your petitioners petition ers represent urther further f unto your honors that the late corporation the church of jesus christ of latter day dav saints after the lot day of july J uly 1862 obtained and held in violation 00 n of said section 3 and not net for purposes of the worship worship of god or for parsonages personages nages or burial grounds other real estate to wit parts of lots 2 and 7 block 88 plat A salt bait lake city survey and bounded as follows begin begia ong at the southwest corner of said lot 2 and running thence north 25 rods thence east 9 rods a south MV rods thence west 4 rods thence south 12 1 rods thence west 5 rods to the place of beginning also all of lot 8 block 76 6 plat A salt lake city survey also all that portion of lot 5 in block 75 plat A salt lake city survey commencing at the northwest corner of bald baid lot 5 and running thence south teet feet and ia V inches thence tarence east feet thence hence north 10 feet vi la inches thence west feet to td the place of beginning an all 1 of I said lands being situated in salt lake county comity utah territory that on march 1888 april ath 1888 and may 1888 the said R receiver cei ver instituted actions in the third judicial district court of utah territory against various defendants and in the complaints in iii said suits among other thins things thin s alleged alle ed that said last lass above described tracts of land were obtained and held by said late corporation in violation ol of said section 3 of the act of J july uy wt ast 1st 1802 1862 avid and not for purposes of the worship of god or parsonages personages nages or burial grounds and that the claims of the various defendants in said suits were invalided invalid ed prayed that the deeds of said mid various defendants be held to oe be colorable and the cloud upon the title created by said deeds be removed and that the possession of the said geld lands be adjudged dj budged to the said receiver tor for the used and purposes mentioned in the said isaid section 18 13 of the act of march ai 1887 that afterwards on or about the oth day of july 1888 the said receiver Be celver and nd the defendants to the suits above pained named compromised said suits and in lieu of said tracts ot land said complaint except a portion of lot ain in block 76 that said receiver took the sum of 15 0 or a note to stand in the place cherof and to be treated and applied as the land should have bare been treated and applied that the solicitors of said corporation po ration were the attorney of said defendants except one in said compromises and thereby admitted that the land biad 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 wa was L entitled to recover it said acts were valad valid I 1 and in effect admitted that the money mon eke received should be substituted tor said lands and should be applied for tile 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 pe titio ners 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 petit petition ioa 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 petition ers charge however ao no wever that said tracts of land were worth and that 15 was a grossly inadequate valuation of said property that no evidence was heard by toe the court in regard to said compromises and your petitioners petition ers believe that the court was misled by the said representations and recommendations of the receiver and his bis solicitors that the said order of the court required the receiver to report said compromises to the court for its approval and that such report has not been made your petitioners petition ers further rep resent that said compromises should be set aside but it they are allowed to stand then the money or notes or other evidences ot of indebtedness oi or the proceeds thereof taken tor for and in lieu lien of said land may be applied as the land and the proceeds thereof were required to be applied by said section 13 to the use and benefit of the common cools of thise this territory that the right or 01 the common schools to the land attached to and followed the money or other property into which the land haq was converted until it is applied to the use and benefit ot of the common schools that it was not in the power of the rece receiver ver and the late corporation by c compromise m or otherwise to deprive the common schools of the use and benefit of the proceeds of lands obtained or held in violation of the said act of july 1862 that the united states under the law have no interest in thaid land or in its proceeds and the officers ot of the government TO v eminent must keep their hands off except to aid iia ia its application applications as provided by law to the use and bene tit fit of the said common schools schou ls your petitioners petition onera ers f further arther represent that the said receiver now BOW has in his possession session the sum of received possession ros in n compromise comproni lse for cattle and other IVo perty that said property as your petitioners petition ers are informed and believe was worth at the time that it was estimated by the parties to this suit in a stipulation of facts made october 1887 to be worth the sum of and that this t transaction rans between the receiver and the defendant corporation was made without authority from this court that since bince the appointment of said receiver he has obtained possession of sheep the property of the defendant corporation and after receiving the same he rented them without any authority from this court and without public notice to one W L pickard a surety upon said receivers bond at the rate of twenty cents per head per annum when the customary price was from forty to fifty cents per head and that in such renting of said sheep the f fund and sustained a loss of about yur petitioners petition ers further represent that they are informed and believe that there is property to a large amount of whick 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 could have taken or obtained possession pon pom session of said property by the |