The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-02-15

al, to recover parcel about twenty rods
square in block is, plat A, Ogden city,
known as the tithing yard
No. 1872, against R. ]. Taylor and Lewis
w. Shurt.iff, to recover lots s and g. in
block s, pla5 b, Ogden city, being two |
acres OF land, known as Tabernacle
grounds
No. 1871, against Robert M Quarts 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-
lift residence.
The city of Ogden has interviewed in cases ]
Nos. 1880 and 1911, claiming title in the first
as bona flde purchaser, and in the second !
by dedication to public use.
The property involved in the three cases
is estimated to be worth in the aggregate
over S25O,OOO. The opinion OF counsel 1or
the present receiver, John A. Marsnaii,
Esq, is that the city has no claim; that the
receive will probably recover in case NO
l0'2. No opinion expressed to NO. loI.
Ihese cases are at issue, and, L am IN
formed, will be pressed for trial by the
receiver.
should here state, perhaps, that the
counsel for the church claim land have 50
testified in a hearing upon a refernece OF
the former receivers accounts aud acts)
that there was an agreement between the
former district attorney and the former
solicitor general and themselves tnat
these actions in the First district
court should be dismissed and that
this was in part an lnducement TO
the church solicitors to sign the
statement of facts before referred to. Mr..
Williams, the attorney for the former re-
celver, emphatica,iy disclalms any
knowledge of such agreement, and 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 par
and this alleged oral agreement as bar
has been denied.
There is a suit pending in the Third
district court against the receiver, in which
Mary r. lift, as complainant, brought to
quiet title to part of lot 4, block 80. plat
b, Salt Lake City survey. This suit will
not be defended, as the receiver makes no
real claim.
On the 18th day of July. 1890, the court
directed the receiver to make full report
of his doings, and appointed }. b. KOS
borough, ESQ.,, as special examiner to ex-
anime and report thereon.
On July 9Th the receiver filed his report,
and objection having been made by the re-
ceiver TO MIR. Rosborough, on the 10Th OF
July, Marshal n. Stone, Esq, was ap-
Ipointed.
The examiner proceeded to take testi-
mony, and after full and prolonged ex
animation filed his findings and report.
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 / shall file exceptions to such part oil
the report and refuse to find as | deem
necessary. In the meantime, on the lott
of July, the receiver resigned, and his
resignation was accepted with the usua
reservation, and Henry W. Lawrence APP
pointed, who Immediately qualified by Civ
ing his bond IN the sum of 100000.
The receiver has sold the sheep in his
possession by order of the court, and tn,
, personal property in his possession Octobe
1st and the value thereof may be stated as
. follows:
4,7S2 shares of Deseret Telegraph
stock (nopre e 1t value) .-----
500 shares OF city gas stock, par value
| Sl00---------- ACKNOWLEDGEMENTS 5000
Cash on hand, in various banks. 29l,S2 s
) Credits due on Sheep-----------.------ 1000
Total. ....-.-.--.- 1851. sig S
The rents of the realty IN his possesslo
8 herei nbefore mentioned amount to Sl,00
: monthly. In the final report of the forme
/ receiver mention is made of certain parcel
= of realty in Nebraska, and the opinio
yentured that steps should be taken to re
: cover the same, its value being stated q
e S25, goo or $4,000. Ths present receive
e submitted the abstract of title to Mr.. j.
e Gardner, Of Omaha, recommended as
lawyer of repute and standing, who n
s turned his opinion adverse to the claim {
d the receiver and the United States. | hav
o examined his opinion and fully concur wit
), him in the conclusions reached.
e The abstracts and opinion will be fol-
t warded to you for your investigate
S should You deem it necessary The, for
y going will, think, sufficiently advise 70
s of tue condition of affairs. 1t only remain
: for me to specially direct your attention
some matters which seem to me to be
n pressing moment.
Y BY reference to paragraph 4 of the e:
/, aminer's report you will ascertain that L
s to July is, 1890, the expenses of the a
is ministration amounted to So, 924.S6, abo1
g Il per cent of the sum realized. Tnecou
al has heretofore approved every expenditu
lie and that is the end of it. But it wou
ar seem desirable to close this business, al
te as soon as possible, as it seems to me that
le receiver is too expensive a luxury for Il
2 fund.
of In this connection would it not be prU
dent to determine at once the effect of q
* decree, and whether the receiver Can pr
n coed to take possession of other proper
N should any be discovered! If the decree
he final in this regard there is no use in kee
es ing receiver and his counsel as an ann
of to the fund. The cases against the real
ne can be pressed and determined and t
E. fund can be paid into the registry of t
id court, there to remain until Congress pr
p vides for it.
ed Moreover, in my judgment no other pt
IS. sonalty will ever be discovered. Furth,
p can the attorney general proceed, und
Al section Is of the act of 1887, to institu
he proceedings to forfeit and escheat 9th
lie realty Of any subject to be escheated ar
Mt if so, would it be best to investigate t
of Temple properties and titles at Manti a
u St. Georgel
Findings numbers IA ard Is proposed
ad the United States tsee enclosed repo
or sufficiently explain my view in this CO
Err nection.
as There are several parcels of rea
which the present receiver is convinc
er- was the property of the church. I
,e. proof, of necessity, must be made by b
tile witnesses, who have real personal
IN terest in defeating the government.
he The determination of these matters W
of necessity, be expensive and the res
.ly uncertain.
to- Since the foregoing was written | hs
filed exceptions TO the examiners repC
b. and enclose copy herewith.
Very respectfully,
.e- CHAs. S. VARIAN,
Pc United States Attorn
he
as, RESOLUTIONS OF RESPECT AND COM