The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-02-15
MIR. VARIAN'S REPORT
To Attorney-General Miller on
the Church Litigation.
HE DOESN'T WANT A RECEIVER
That Recent Examination of Ex-Receiver
Dyer's Accounts - Some
Recommendations.

submit herewith exhibit o. report
of the United States attorney for Utah,
giving somewhat in detail the history ana
present condition of the litigation com
menced under the act of March 3, 1857, with
reference to the property of the Mormon
church and the Perpetual Emigration Fund
company.
1t is, Of course, well known that the de-
cree of the supreme court Of Utah, In favor
of the government, was affirmed at the last
session of the supreme court, but the opin-
ion is withheld for the consideration of
some motions, on behalf of the appellants,
for modification of the decree.
In explanation of the statements in the
report of the district attorney, L beg to
state that the suits referred TO in his report
as necessary TO be commenced before the
10th day of December next have be5n in
stituted.
Steps viii be promptly taken to carry out
tho other suggestions made in the report,
and to bring said litigation to a conclusion
as soon as practicable.
REPORT OF DISTRICT ATTORNEY.
EXHIBIT Q.-Report of the attorney of the
United States Tor the district of Utah upon
the status OF the Mormon church litigation
OFFICE OF UNITED STATES ATTORNEY
FOR UTAH,
SALT LAKE CITY, Oct. p, 1890.
SR-In response to your request con-
tanned in your dispatch OF the 22d inst, l
hereby submit the following statement OF
the so-called Mormon litigation.
On July 30, A. d. 1887, the United States
H.. lad itc in nc
supreme court of the territory against the
Church of Jesus Christ of Latter day
Saints, and certain alleged trustees anC
Others, under the provisions OF section Il
of the act of Congress Of March 3, 1887.
AT the same time another bill was filed
against the Perpetual Emigration FunC
company and trustees, under the provi
sions OF section ID of the act, supra.
On November Z, 1887, the United States
msrshal, Frank H. Dyer, was appointed a:
receiver and qualified in both cases.
In the case against the Emigration f'unt
company, no moneys and very little prop
erty are reported as coming into the hands
of the receiver. On January 9, 1855, ht
made report showing the property com
ing into his hands to consist OF an offic'
safe, desk, books of account and a nUmbe
of promissory notes. Of these last, thos
not barred by the statute of limitations ag
gregate in face value, as reported, the sun
of S3, l1l.46. No real or estimated value i
given.
On February 10, 1883, the only other re
port made by the receiver was filed an
shows the receipt by him of 1879 share
of Parowan Cooperative Stock raisin;
Company, par value 81 per share. The req
or estimated value not given. The ex
penses of the receiver are stated at So anC
vouchers exhibited. AS 70 further after
ton has been paid by the receiver or th
court to this case, l assume that there wer
no assets, and its consideration may
dismissed
For your information | may add that, q
/ understand it, the Emigration Fun
company was accustomed to advance |
emigrants money for passage and expense
taking notes, etc, for the payment. TIL
notes mentioned in the receivers repol
are doubtless OF this class, and the debtor
being probably poor persons and widel
scattered throughout the territory, it Wa
conceived impracticabe to attempt colleC
ton.
But to resume the history of the maj
case On October 5, 1883, the receiver ha
ing gathered and reduced to possesSo
personal ana real property, the solicitor
for the United States and the defendan
agreed in writing to certain facts, amor
other things specifying certain person
and real property then in possession of t!
of its acquisition by the defendant, the la
corporation, and also setting out fully Il
alleged titles and claims OF the other d
PENDANTS TO certain portions and parcels
said property.
This statement also sets forth that bloc
81, plat q, Salt Lake City survey, know
as the Temple block since 1S4S had BET
used Exclusively for the purpose of I
worship of God according to the doctrin
and tenets of the Church of Jesus Christ
Latterday Saints.n Afterwards, on t
Sth DAY Of October, 1888, findings and d
cree We're entered in pursuance of the sa
agreed statement, and subsequently an g
peal was taken and the cause determin
in the supreme court of the United Stat:
This decree you have in the record on q
peal, and it is unnecessary to further
lude to it except to direct attention to I
fact that 1t sets apart the entire 'TemJ
block ten acres in all, to the defenda
church as property excepted in the act
Congress, and to the question of its fin;
ity.
In the meantime the United States b
filed information in the district court
the Third district to escheat or forfeit c
tain er the realty specified in the decree,
follows TO wit:
October 5. ISIS, against property gen
ally known as the Tithing yard and Off
File No. 1903.
No. 1904, against 900 acres and one
divided half of 100 acres, all known as |
Church farm
No. 1905 against property genera
known as the "Gardo house, and ''his
rian's Office
Mention to claimants was issued, oil
lished, recorded and filed.
On December 6, 1SSS, and before the
turn day, certain claimants appeared s
cially and noticed motions to dismiss
including the alleged want of iurisdicti
These motions were not brought on Ut
September 10, 1880, when they were ov
ruled.
Subsequently, in two of the cases, c
tain claimants to the property appea
and set up their claims. 1t is expec
that claimants in the third case will shor
appear Time has been given the Uni
States in which TO file complaints or inf
nations against the property and the
spective claimants until December g. /:
The defenses in these cases, as eviden
by the claims already filed, are:
In No. 1905 (Gardo House and Historic
Office, that the real estate was occur
as parsonage or house for the presiden
the church, and was so connected with
church property, which was used exc
sively for the worship of God, as to be
empt, etc.
In No. 1903 (Tithing Yard, etc., that
church as voluntary association ow
the property prior to the enactment of j
i, 1862.
In both cases it is averred that
church is an association for religious
charitable uses and purposes, and has
right to hold such property through tr
ees. to be used for such purposes, anc
both the limitations prescribed oy sec
1857 of TIE Revised Statutes ale relied
lam informed the same matters subs,
TALLY will be relied on in case No.
Church FarW and Coal Lands)
The manner and time of the acquisit