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a dissertation on Free-Masonry, as to engage a preacher of any orthodox sect to write up "Mormonism". In the first place there is not one of them that understands the subject. In the second place, most of them are so charged with hostility to it that they are incapable of dealing with it fairly.

be, how to obtain the beets which contain the largest per centage of sugar. The distance between the rows, and between the several plants must be determined by the fertility, the humidity and aridity of the soil. Land must be kept perfectly clean of weeds. Fall ploughing is recommended, and Ja sysIt has been established beyond tem of harrowing and second ploughreasonable doubt and successful dis- ing deep into the soil, will help to propute, that Sidney Rigdon knew nothing duce both quantity and quality of the about the Book of Mormon until many best. Of course, farmers must be gov months after it was printed and erned by local peculiarities of soil and published. And no one who has care-climate, as no general rule would apply fully examined the Book could to the whole country. rationally come to the conclusion that a preacher and writer with the scholarly attainments of Mr. Rigdon, had anything to do with its compilation. It is certain, too, that even if the book is of human origin, it was not produced under the influence of any socalled "Disciple" or Campbeliite, for the doctrines it contains are opposed to notions entertained by that body, and are far in advance of its theology as well as that of every other religious

sect in Chri-tendom.

With regard to the profits arising
from beet growing Mr. Lunn says:
"Farmers are desirous of knowing in
advance the number of tons per acre that
would be considered an average crop in
an ordinary season. I have reason to
believe that fifteen tons should safely be
relied upon, and will give the following
basis of ealculation: If the beets are
planted in rows a distance of eighteen
inches apart and thinned out to six inches
apart in the row there will be 58,080 in one
acre; and allowing a discount of 8,080
plants for various causes preventing ma-
turity, we will still have remaining 50,00
plants. Should these average but one

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And now on the 12th day of February, in the year of our Lord one thousand eight hundred and ninety-one, comes W. H. H. Miller, Attorney General of the United States, and with him Charles S. Varian, Attorney of the United States for the Territory of Utah, who appear for and on behalf of the United States, and give this Honorable Court to understand and be informed as follows, to-wit:

A. D. 1855, by an act of the Territorial First-That on the 19th day of January, Assembly of the Territory of Utah, the Church of Jesus Christ of Latter-day Saints became an incorporated body for religious and charitable purposes, and from said date continued to be a corporation of the nature and kind above set out up to and until the 3rd day of March,

A. D. 1887.

If publishers of encyclopedias and pound each at harvesttime, this would give A. D. 1862, the Congress of the United

dictionaries and works of religious ref

Second-That on the 1st day of July, States passed an act entitled, "An Act to Punish and Prevent the Practice of Poly

erence desire to make their books reli- California scale of prices, which Mr. gamy in the Territories of the United

able, they will treat the "Mormon" question in the same way they would treat other questions. That is go to the recognized and authorized expositors for explanations of "Mormon principles and a relation of "Mormon" history, and give both as thus obtained unless it can be proven that anything so stated is contradicted by known facts. There has never been a book written, or sermon or lecture delivered, by a pronounced anti-"Mormon" but was a mis statement either of incidents or doctrines and was imbued with a spirit of "conspicuous inexactitude."

THE BEET SUGAR INDUSTRY.

50,000 pounds, or 25 tons. This estimate
now could be reduced forty per cent and
still have fifteen tons per acre. At the
Oxhard will follow next year, the beet and annulling certain acts of the Legis-
States and other places, and disapproving
grower will receive $4 per ton for beets lative Assembly of the Territory of
that analyze fourteen per cent of sugar, Utah," which said act, among other
and fifty cents per ton additional for each things, provided in substance and effect,
one per cent of sugar above fourteen per that it should not be lawful for any cor-
cent, requiring a co-efficient purity of poration or association, for religious or
about 80. The average percentage of sugar charitable purposes, to acquire or hold
in the beets for the past two years in real estate in any Territory of the United
Nebraska has been above 16 per cent, States during the existence of the Terri-
Iowa I think it is equally as good. Thus than $50,000, and that all real estate ac-
and from my knowledge of the soil of torial government, of a greater value
it can be seen there is great profit inquired or held by any such corporation
growing beets at these prices, providing or association contrary to the provisions
only 15 tons per acre are grown, and that of said act should be forfeited and es-
the expense in growing them, including cheated to the United States.
the delivery to the factory, should even
Third. That on the third day of March,
has been the cost by several farmers who States passed an act entitled, "An act to
amount to the sum of $30 per acre, which A. D 1887, the Congress of the United
kept an exact account of the various ex-amend an act entitled 'An act to amend
penses connected with growing beets
here the past season."

ner.

section 5352 of the Revised Statutes of the United States, in reference to bigamy Mr. Lunn advises farmers to go into and for other purposes, and approved March 22, 1882;"" and in and by which beet raising in an experimental man- said act it was provided, amongst other He would have them cultivate things, that it should be the duty of the small patches in various soils, and note Attorney-General of the United States to institute and prosecute proceedings to all the particulars of growth and treat-forfeit and escheat to the United States ment. In this way no great expense nor heavy loss would result, and the amount of knowledge gained would be invaluable when collated and classiAt Grand Island there is a journal fied, as it certainly would where a entitled the Beet Sugar Enterprise en-factory in the hands of progressive men tirely devoted to the beet sugar issue. is established.

Now that the production of sugar from beets is about to become an established industry in Utah Territory, any literature pertaining to the subject should be acceptable. In Iowa and in Nebraska the question of sugar rais. ing is becoming one of prime import.

M. A. Lunn, its editor, has a very in

structive letter in the Davenport Jay Gould's new railroad scheme Democrat relating to his special will embrace $800,000,000 worth of study, the beet. He says that the railroad property. In a word it comfirst requirement for the success of a prises railroad property from the lakes beet sugar factory is a sufficiency of to Mexico City. The railroad mileage beets. To get this sufficiency the farmers of the United States is 151,000 miles. must have full and complete know-fifth of the total. The Santa Fe is inGould will control and own fully oneledge as to the best method of planting, cluded in his new deal, and possibly husbanding and harvesting the beet. the Rio Grande Western. Look out The main object of the farmer must for cyclones now.

the property of all corporations obtained
or held in violation of the act of July 1,
1862, above mentioned; and it was more-
over provided by said act of Congress,
that the act of the Legislative Assembly
of the Territory of Utah, hereinbefore
referred to, incorporating the Church of
Jesus Christ of Latter-day Saints, should,
and it thereby was disapproved and an-
nulled, and that such corporation should
be, and it thereby was dissolved, and for
other purposes set out in said act: where-
fore, the said corporation of the said
Church of Jesus Christ of Latter-day
Saints became, and from henceforth was,
a defunct corporation.

Fourth-And the said Attorney-General of the United States and the attorney of Utah Territory aforesaid inform this day of March, A. D. 1887, when said corhonorable Court further that on the 3rd owned and held by and through one John poration became dissolved as aforesaid, it Taylor, its trustee-in-trust, and by and through certain other persons upon secret

trusts, large tracts and parcels of real estate exceeding in value $50,000, to wit: First-All of block eighty-seven (87) in plat A, Salt Lake City survey, Salt Lake County, Utah Territory, known as the "Temple Block," of the value of $500,000 and upwards.

Second-All of lot one (1), block eightyfive (85) plat A, Salt Lake City survey, Salt Lake County, Utah Territory, of the value of $50,000. Third-Part of lot five (5), in' block eighty-eight (88), plat A, Salt Lake City survey, Salt Lake County, Utah Territory,commencing at the northwest corner of said lot five (5) and running thence south ten (10) rods; thence east ten (10) rods; thence north twelve (12) rods; thence west ten (10) rods, and thence south two (2) rods, to the place of beginning, of the value of $25.000.

Fourth-Part in block eighty-eight (88), plat A, Salt Lake City survey, Salt Lake County, Utah Territory, commencing at a point ten (10) rods south of the northwest corner of said lot seven (7); thence running east five and one half (5%) rods; thence south five (5) rods; thence west five and one half (5%) rods, and thence north five (5) rods, to the place of beginning, of the value of $5000.

The real estate situate in said Salt Lake City above described and known as the Temple Block and all buildings and improvements upon the same, and which said block and buildings were at the date of the dissolution of said corporation as aforesaid of the value of $500,000 and upwards, and had been acquired by said corporation subsequently to the passage of the act of July 1, A.D. 1862, above mentioned, and which it acquired and held in violation of said act of July 1, 1862, being in excess of $50,000 in value, and the west half thereof only was and is exempt from the forfeiture prescribed in said act by virtue of the provisions of said act of Congress of March 3, 1887.

Fifth-This court is furthermore informed and given to understand further that in addition to the real estate known as the "Temple block," held and used as aforesaid, the said corporation of the Church of Jesus Christ of Latter-day Saints on the third day of March, A. D. 1887, when it became and was dissolved as aforesaid, had theretofore and subsequently to the passage of the act of Congress of July 1, 1862, acquired and was, at the date of its dissolution, holding in the name of certain persons, unknown to plaintiff, the following described pieces and parcels of real estate,

to-wit:

First-All of lot one (1), block eightyfive (85), plat A. Salt Lake City survey, Salt Lake County, Utah Territory.

Second-Part of lot five (5), in block eighty-eight (88), plat A, Salt Lake City survey, Salt Lake County, Utah Territory, commencing at the northwest corner of said lot five, and running thence south ten (10) rods; thence east ten (10) rods; thence north twelve (12) rods; thence west ten (10) rods and thence south two (2) rods to the place of beginning.

This information is filed by the said City; John Sharp, Salt Lake; James United States against said real estate by Sharp, Salt Lake; T. C. Wright, Wm. leave of the Supreme Court of this Ter-J. Paine, C. E. Wantland and George ritory. E. Wallace. Wherefore, and by reason of the illegal Assistant District Attorney Critchaction of said corporation of said Church low, in the absence of Mr. Varian, put of Jesus Christ of Latter-day Saints in acquiring and holding real estate in ex- the usual statutory questions to these cess of the value of $50,000, and by virtue gentlemen with a view to ascertaining of the provisions of the acts of Congress their fitness and qualifications to disaforesaid, all of the real estate hereinbe-charge the duty required of them. fore described, except the first above Mr. Moore, in reply to Mr. Critchmentioned tract known as the "Temple low, said he was raised in the "Morblock," became and were subject to be mon" Church but had never believed forfeited and escheated to the United in polygamy. Mr. Moore was acStates, and since the date of the dissolucepted. tion of said corporation as aforesaid there has been no legal claimant or owner of said real estate except the United States. Wherefore, it is prayed that due process issue in that behalf as of monition, or in such other form as to this bonorable Court may seem proper, to all parties claiming an interest in said real estate, or any portion thereof to appear on the Mr. Critchlow-We challenge this return of said process and duly intervene herein by claim and plea to the premises gentleman (to Mr Sharp): and due proceedings being had thereon, mean to say it would be part of the that for the causes aforesaid the said realuuties of your office, as an Elder of the estate and all of the same, except such Church to teach the people upon the portion as is exempt from forfeiture, as question of plural marriage? above set out, be deemed as escheated and Mr. Sharp-No. forfeited and declared the property of the United States, to be used and disposed of according to law, and as shall be directed by this honorable Court.

W. H. H. MILLER,
Attorney-General United States.
CHAS. S. VARIAN,

Mr. John Sharp, Jr., said that, as a member of the Church of Jesus Christ of Latter-day Saints, he formerly believHis ed in polygamy, but did not now. opinion had changed, more particularly since the passage of the law prohibiting it, in 1882.

Do you

Q-Does not that come within the doctrines which the Elders teach? A. It is not compulsory.

To Judge Zane-My understanding is that it would be wrong for a man to live in unlawful cohabitation under

United States Attorney for Utah Terri-existing circumstances.
tory.

THE ATTACHMENT.

Deputy United States Marshal Swan yesterday received the following monition:

Mr. Critchlow-Referring to statutory enactments?

A. Yes.

Judge Zane-You do not know what the effect of the recent manifesto has been among the people, whether it would be considered a violation of the creed of the Church for a man to enter

"In the matter of the proceedings for
the forfeiture of certain real estate,
formerly owned and held by the cor-iuto polygamy now?.
poration of the Church of Jesus Christ
of Latter-day Saints.

The President of the United States
of America to the marshal of the dis-
trict of Utah Territory, greeting:

Whereas, information has been filed
in the Third District Court for the
Territory of Utah, on the 12th day of
February, 1891, by the Hon. Attorney-
General of the United States and
Charles S. Varian, United States At-
torney for the Territory of Utah, on
behalf of the United States of Ameri-
ca, against the real estate
property described in the above in-
formation."

to attach the property in question.
Mr. Swan immediately proceeded
The seizure consisted of serving no-
tices on the occupants of the property,
where such could be found, and after-
wards having such notices filed and
recorded in the County Recorder's
office.

Third-Part of lot seven (7), in block eighty-eight (88), plat A, Salt Lake City survey, Salt Lake County, Utah Territory, commencing at a point ten (10) rods south of the northwest corner of said lot seven (7) and running thence east five and one-half (5%) rods; thence south five rods; thence west five and onehalf (52) rods and thence north five (5) rods to the place of beginning, all of which tracts or parcels of land are of the value of $80,000, which was all and entire in excess of the amount of real estate which said corporation was by law enThis was the first business proceeded titled to hold, no part of said real estate with. Clerk McMillan read out the was held or occupied by said corporation as a building or ground appurtenant on the list previously drawn, thereto for the purposes of the worship of but only seven of the gentlemen anGod or parsonage connected therewith swered at this time. They were as or as burial ground, follows: Messrs. George Moore, Park

REJECTING MORMON JURORS.

The February session of the Third District Court of the Territory of Utah was opened February 16, at 10 o'clock, Chief Justice Zane presiding. There was a full attendance of members of the bar, and a large number of spectators were present.

CALLING THE GRAND JURY.

names

A.-I think it would be, certainly. Mr. James Sharp was then taken in hand. To Mr. Critchlow he said: I am a member of the Church of Jesus Christ of Latter-day Saints and have been for many years, but I hold no active office. I am a Seventy.

Q.-Is it not your duty as a Seventy to teach the doctrines of the Church? A. Yes.

Q. Also to teach the doctrine of polygamy and the having of more wives than one?

A.-No, sir, and never was.

Q. Did you believe in polygamy? A.-Not under present conditions and existing circumstances.

Q.-When did you form this opinion?

A.-I have not believed it was right to practice polygamy, more particularly since the passage of the Edmunds law in 1882.

Q. Did you not consider it right under the doctrines of the Church?

A. I think it was permissive for the members of the Church to practice polygamy under certain conditions up

to last October.

declaration of last October, do you not Q. With regard to the manifesto or tion of the principle of the Church? understand that to be merely a declara

A.-I understand it to be a cessation of the practice of polygamy by the voice of the Church.

Q-That manifesto does not go to the actual belief, but as to the practice of polygamy?

A. My understanding of it is that it goes to the practice of polygamy and unlawful cohabitation.

Studies.
Theology

Q-Have you ever practiced poly-manifesto was issued was not immoral, gamy, or ever cohabited with more in other words in violation of the rules than one woman? of ethics, of morality, I should think you would be somewhat lenient toward Grammar him and not impartial. You are excused, Mr. Sharp.

A.-No, I have not.

Mr. Critchlow I challenge Mr. Sharp on this ground-that he does not state his unqualified belief that it is wrong to practice polygamy and unlawful cohabitation up to the time prior to the issuance of the manifesto. Judge Zane-Did you believe it to be wrong before October in last year to practice polygamy and unlawful cohabitation.

A.-Yes?

Judge Zane-Suppose a man was brought before the grand jury who had been living in polygamy or practising unlawful cohabitation before the issuance of that manifesto, would you say as to that man that he was right or wrong?

A.-That he was wrong, as I understand the question. The manifesto would have no bearing on the question at all.

Judge Zane-You believe polygamy and unlawful cohabitation to be contrary to the creed of the Church? A. Yes.

Judge Zane-Mr. Sharp seems to answer fairly. Do you believe it was morally wrong before the manifesto was issued?

A.-Well, legally.

Judge Zane-In your opinion, it is only wrong then by virtue of the law of the land?

A. Yes, and in some countries it is lawful.

Judge Zane-Well, it is not lawful here in Utah. Independent of all law, do you believe it to be morally wrong? Mr. Sharp-Well, if you ask me as to my belief, irrespective of all law, morally I do not believe it to be wrong. Judge Zane-Then the point is, as a juror, you would act upon the question of polygamy and unlawful cohabitation as you would upon any other?

A-I would endeavor to do so. Q.-Would you be influenced by your own moral belief on the subject? A.-I confess if I had any sympathy at all it would be with the accused in any case, but not to the warping of my judgment on the evidence adduced.

Q. What I want to know is whether you believed before the adoption of the manifesto, that polygamy was wrong?

A.-In and of itself I did not.

Q. Do you believe it wrong now, in the face of that manifesto and the resolution of the Church?

A.-I certainly do, but in my own conscience I do not believe it to be essentially wrong.

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Mr. John Sharp, Jr., re-examined by
Mr. Critchlow—Î suppose the answers
given by you are much the same, in
effect, as those given by your brother?
A.-I do not think my opinion differs
much from his.
Judge Zane-Then you may be ex-

cused.

Messrs. T. C. Wright, Wm. J. Paine and C. E. Wantland next responded to the clerk's call and were accepted as grand jurors.

W. H. Dodge, Park City, then came
forward upon the calling of his name,
and satisfactorily answered the ques
tionsput to him.

At this juncture Mr. Critchlow, with
a smile, intimated to the court that Mr.
Wantland was very anxious to be ex-
cused from serving on the grand jury.
Judge Zane inquired on what
grounds, and it was explained that the
gentleman wanted to leave the city a
short time on "private business."
Judge Zane-Is it important busi-

ness?

Mr. Wantland (blushing and smiling)
-Ra-a-ther. (Laughter.)

Clerk McMillan turned round and
quietly whispered something to his
Honor, who uttered a feeble "Oh!"
and said: "Is it business you don't
care to mention, Mr. Wantland?"

Mr. Wantland (hesitatingly)—Yes. Judge Zane-Well, under the circumstances, you are excused.

Mr. Critchlow-He should, perhaps, be warned not to allow this to occur again.

Judge Zane-Well. I don't suppose it is likely to occur again very soon.

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5

Catherine Jones.
16
77

Total daily recitations
Total weekly recitations

The preparatory department has been under the special charge of the princi pal. The schedule of class work done in this department is as follows:

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By this time the joke was out. The whisper had run around that Mr. Wantland was about to be married Daily sessions of the classes in theoand he left the jury box amid theological exercises have been held. "chaff" and laughter of his friends.

Mr. George L. Wallace, a member of the Church of Jesus Christ of Latterday Saints was challenged by the assistant district attorney, after which the Court took a recess until two o'clock, when it was understood the further selection of grand jurors would be taken up and also the choosing of the petit jury.

PRINCIPAL'S REPORT.

The exercises of these comprised lectures and stories by the instructors, the study of assigned lessons from the standard works of the Church, and the answering of incidental questions upon subjects of general interest by the students.

Testimony meetings have been held in each department at intervals of two weeks, and the students have given in nearly every instance ample proof of their earnest interest in the exercises.

The monthly fast meeting has been regularly observed by appropriate exercises which, on that day, have taken the place of the recitations in theology.

The report of the principal of the Malad Stake Academy for the first Judge Zane-I think I understand term of the second academic year, you now. Inasmuch as there may be which began September 8, 1890, and cases coming before this grand jury ended February 6th, 1891, shows that where men will be charged with during the year eleven were registered polygamy entered into before the is- in the preparatory department, and in suance of that manifesto, and also cases the primary department thirty-eight, of unlawful cohabitation, I am disposed being a total of forty-nine. This numto hold that you are not a competent juror. I do not think a man can be a and twenty-four females; total forty-bers 37, non-members 1; total 49.

competent juror except in a case where he honestly believes that the accused, at the time, he did a certain act, was immoral. 1 should be inclined to think that that man would not be apt to act impartially. If he believed honestly that the defendant, at the time he committed the act did right, he would not feel like finding an indictment against him; and assuming you believe that the act of polygamy before the

ber

comprised twenty-five males

nine. The students hail from the fol-
lowing places: Malad, 38; St. John,
4; Samaria, 2; Cherry Creek, 1; Por-
tage, 2; Cassia Co., 1; Bear Lake Co.,
1; total, 49.

The primary department has been
conducted in two divisions-for the
first seventeen weeks under the charge
of the principal, and in the last three
weeks under the direction of Miss
Catherine Jones. The work of this
department is as follows:

The weekly general theological class has been held every Wednesday, and great interest taken in the same.

According to their standing in the Church, the students have been recorded as follows: Deacons 11, lay mem

The lady students have done some class work under the careful direction of Miss Catherine Jones. They met twice a week, with 23 members; and seven sessions were held.

The class work of the academy has been carried on after a certain plan, and the records showing the standing of each student are on file. Written reviews have been held at regular intervals, and final examinations in all

classes shortly before the close of the

term.

The records kept, the apparatus used and owned, and the library need no special report.

contained in your dispatch of the 22nd
instant I hereby submit the following
statement of the so-called Mormon liti-
gation.

mined in the Supreme Court of the United States. This decree you have in the record on appeal, and it is unnecessary to further allude to it except On July 30th, A. D. 1887, the United to direct attention to the fact that it The report continues: The work of States by its Attorney-General filed its sets apart the entire "Temple Block," the first term of the second academic bill in the Supreme Court of the Terri- 10 acres in all, to the defendant church year of the Malad Stake Academy is tory against the Church of Jesus Christ as property excepted in the act of Conhow a thing of the past. The records of Latter-day Saints and certain alleged gress, and to the question of its finare open for criticism. It is the trustees and others, under the pro-ality. pinion of the teachers that the past visions of section 17 of the act of Conerm has been a highly successful one.gress of March 3rd, 1887. There have been no signs of interest lagging, either among the students or teachers, respecting the work of the school. Our attendance, as shown in <tatistics, does not come up to the numper enroled last year at this time; but On November 7th, 1887, the United our borders are extending, and the in- States Marshal, Frank H. Dyer, was terest taken by those attending far ex-appointed as receiver and qualified in ceeds that of any previous term. both cases.

The hearty and active support of the Bishops, Elders and Saints of the Stake, in behalf of the Academy, is expected, and we trust that our united efforts will be blessed with the spiritual, moral and intellectual advancement of our youth. We appeal to every Latterday Saint who has the welfare of the youth of Zion at heart to use their influence with the rising generation, that the class rooms of the academy may be filled to their utmost capacity. This will, of course, call for more room, and our brethren of the Board will be encouraged to build a more convenient house than we now occupy." Brother George Cole is the Principal.

At the same time another bill was filed against the Perpetual Emigration Fund Company and trustees, under the provisions of section 15 of the act, supra.

In the case against the Emigration Fund Company, no moneys and very little property are reported as coming into the hands of the receiver. On January 9th, 1888, he 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 $3171.46. No real or estimated value is given.

In the meantime the United States had filed informations in the District Court for the Third District to escheat or forfeit certain of the realty specified in the decree, as follows, to wit: October 8 1888, against property generally known as the Tithing Yard and office. File No. 7503.

No. 7504, against 1060 acres and one undivided half of 100 acres, all known as the "Church Farm.”

No. 7505, against property generally known as "Gardo House" and "Historian's Office."

Monition to claimants was issued, published, recorded and filed.

On December 6, 1888, and before the return day, certain claimants appeared specially 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, 1890, when they were overruled.

On February 15, 1888, the only other Subsequently, in two of the cases, report made by the receiver was filed, certain claimants to the property apand shows the receipt by him of 131 peared and set up their claims. It is exshares of Parowan Co operative Stock pected that claimants in the third case Raising Company, par value $1 per will shortly appear. Time has been share. The real or estimated value not given the United States in which to file THE CONFISCATION SUITS. given. The expenses of the receiver complaints or informations against the are stated at $72 and vouchers exhibit-property and the respective claimants The report of the Attorney General ed. As no further attention has been until December 6, 1890. The defenses of the United States contains a state-paid by the receiver or the court to in these cases, as evidenced by the ment made by United States District this case I assume that there were claims already filed, are: Attorney Varian in regard to the liti-practically no assets, and its consideragation over the Church property. It tion may be dismissed. is introduced in this way:

MORMON CHURCH LITIGATION.

In No. 7505 (Gardo House and Historian's Office), that the real estate was occupied as a parsonage or house for the president of the Church, and was so connected with Church property, which was used exclusively for the worship of God, as to be exempt, The notes etc.

For your information I may add that, as I understand it, the EmigraI submit herewith (Exhibit Q) a re- tion Fund Company was accustomed fort of the United States Attorney for to advance to emigrants money for Utah, giving somewhat in detail the passage and expenses, taking notes, history and present condition' of the etc., for the repayment. litigation commenced under the act of mentioned in the receiver's report are March 3, 1887, with reference to the doubtless of this class, and the debtor's property of the Mormon Church and being probably poor persons and widely the Perpetual Emigration Fund Com-scattered throughout the Territory, it was conceived impracticable to attempt collection.

pany.

It is, of course, well known that the decree of the Supreme Court of Utah, in

favor of the government, was affirmed at the list session of the Su preme Court, but the opinion 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 the report of the District Attorney, I beg to state that the suits referred to in his report as necessary to be commenced before the 16th day of December next have been instituted.

Steps will be promptly taken to carry out the 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 for the District
of Utah upon the status of the Mor-
mon Church Litigation.

OFFICE OF
UNITED STATES ATTORNEY FOR
UTAH, SALT LAKE CITY,
October 27th, 1890.
Sir: In response to your request

In No. 7503 (Tithing Yard, etc.,) that the Church as a "voluntary association" owned the property prior to the enactment of July 1, 1862.

In both cases it is averred that the Church is an association for religious But to resume the history of the and charitable uses and purposes, and main case. On October 8, 1888, the has the right to hold such property, receiver having gathered and reduced through trustees, to be used for such to possession personal and real prop-purposes, and in both the limitations erty, the solicitors for the United States prescribed by section 1047 of the Reand the defendants agreed in writing vised Statutes are relied on. I am into certain facts, among other things formed the same matters substantially specifying certain personal and real will be relied on in case No. 7504 property then in the possession of the (Church Farm and coal lands.) 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 to certain portions and parcels of said property.

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 these

defenses.

This statement also sets forth that You will observe that the next step block 87, plat A, Salt Lake City sur-to be taken in these proceelings will vey, known as the "Temple Block," be the filing of complaints or informasince 1848 had been used "exclusively tions against the property and the for the purpose of the worship of God claimants by the Attorney-General, according to the doctrines and tenets and that the same should be done of the Church of Jesus Christ of Latter- before December 16. day Saints." Afterwards, on the 8th day of October, 1888, findings and decree were entered in pursuance of the said agreed statement, and subsequently an appeal was taken and the cause deter

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 recov

er the possession of certain realty, as qualified by giving bond in the sum of follows:

No. 1630, against David M. Stewart et al., to recover a parcel about 20 rods square in block 18, plat A, Og den City, known as the Tithing Yard.

No. 1672, against R. J. Taylor and Lewis W. Shurtliff, to recover lots 8 and 9 in block 8, plat B, Ogden City, being 2 acres of land, known as "Tabernacle Grounds."

No. 1671, 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 Shurtliff residence.

The city of Ogden has intervened in cases Nos. 1630 and 1671, claiming title in the first as a bona fide 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 $250,000. The opinion of counsel for the present receiver, John A. Marshall, Esq., is that the city has no claim; that the receiver will probably recover in case No. 1672. No opinion expressed to No. 1671 These cases are at issue, and, I am informed, 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 reference of the former receiver's accounts and acts) that there was an agreement between the former district attorney and the former Solicitor-General and themselves that these actions in the

$300,000.

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sion hereinbefore mentioned amount to The rents of the realty in his posses$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 the same, its value being stated at $25,000 or 35,000. The present receiver submitted the abstracts of title to Mr. J. F. Gardner of Omaha, recommended as a lawyer of repute and standing, who returned his opinion adverse to the claim of the receiver and the United States. I have examined his 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 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 First District Court should be dismissed examiner's report you will ascertain and that this was in part an induce- that up to July 15, 1890, the expenses ment to the Church solicitors to sign of the administration amounted to the statement of facts before referred $54,924.86, about 17 per cent of the sum to. Mr. Williams, the attorney for the realized. The court has heretofore apformer receiver, emphatically disclaims proved every expenditure and that is any knowledge of such agreement, the end of it. But it would seem deand I am informed by Mr. Marshall sirable to close this business, and as that the former district attorney has soon as possible, as it seems to me that written to him to the same effect. a receiver is too expensive a luxury for However, an application to file amend- the fund. ed 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 the Third District Court against the receiver in which Mary R. Iliff, as complainant, brought to quiet title to a part of lot 4, block 39, plat B, Salt Lake City survey. This suit will not be defended, as the receiver makes no real claim.

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 is no use 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.

On the 13th day of July, 1890, the Court directed the receiver to make a full report of his doings, and appointed Moreover, in my judgment no other J. B. Rosborough, Esq., as special ex-personalty will ever be discovered. aminer to examine and report thereon. Further, can the Attorney-General proOn July 5th the receiver filed his re ceed, under section 13 of the act of port, and objection having been made 1887, to institute proceedings to forfeit by the receiver to Mr. Rosborough, on ard escheat other realty (if any) subthe 15th of July, Marshall N. Stone, ject to be escheated, and, if so, would Esq., was appointed. it be best to investigate the Tempie 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.

The examiner proceeded to take testimony, and after a full and prolonged examination filed his findings and report. I 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 shall file exceptions to such part of the report and refuse to find as I deem necessary. In the mean time, on the 16th of July, the receiver resigned, and his resignation was accepted with the usual reservation, and Henry W. ernment. Lawrence appointed, who immediately | The determination of these matters

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 witnesses who have a real personal interest in defeating the gov

will of necessity be expensive and the result uncertain.

Since the foregoing was written I have filed exceptions to the examiner's report, and enclose a copy herewith. Very respectfully,

CHAS S. VARIAN, United States Attorney. The ATTORNEY GENERAL, Washington, D. C.

HINTS TO WRITERS.

words in the English language, says an There are now, we think, 120,000 exchage; the possibilities in the use of synonyms are remarkable, and we should say that to the study of synenyms the young writer should apply himself diligently. To the newspaper writers we are looking with solicitude and hope, for the reason that, outside of the columns of the press, our literature does not appear to be making any progress at all. Our literature of the press is, on the other hand, constantly improving, and in the last ten years that improvement has been marked.

Still there is a chance for improvement, and it occurs to us that the besetting sin of our newspaper writers at this time is a devotion to absurdismis -for example, the too common usage of that negroism "like" for "as if "— it looks like it was going to rain." This absurdity runs riot in prints south of Mason and Dixon's line, and has crept across the line here in the West to shock us with a sporadic appearance in our diurnal publications.

There is no such word as "wended;" the past of "wend" is went." A man cannot be said to have wended his way. He either went his way or he has gone his way.

"Likewise" is often erroneously used for "also;" likewise couples actions or states of being; also classes together things or qualities.

Commence should not be used when begin can be instead. Transpire is never happen.

a synonym of Weary is a transitive verb only; it is, therefore,, highly improper to say "One wearies of life."

Do not use "in our midst" when you mean "in the midst of us."

Do not use "anyhow" when you mean "anyway."

Be exceedingly careful in placing that small but potent word only." Nine times out of ten it is misplaced. "Do not confound 'evidence' with

'testimony.""

Never use "above" as an adjective. "The above extract" is a barbarism. Nor should you ever use "then" as an adjective-e. g. "the then king"awful!

Do not confound"try" with "make.” You make-not try an experiment. A common error is the use of "extended. cessively" when "exceedingly" is in

Do not confound "never" and "ever;" "never is an adverb of time, "ever" may be an adverb of degree.

The sun sets" and a hen "sits." A proposal and a proposition are different things.

Be careful not to confound "alude" with "refer" or "advert."

"So" is an adverb of degree and "such” is and adjective of kind.

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