National Republican. (Washington City (D.C.)) 1872-1888, 1886-05-29

agcmont of that charity and its property.
The Chairman Now conccding that view,
Mr. Chandler, do you hold that tho Congress OF
the United States have established in Utah tho
corporation of the Church of Jesus Christ of the
Lelter.Day Saints with an irreyocable charter
Mr.. Chandler. Yes, sir.
The Chairman. Then, what do you hold TO
be the effect OF the act Of 1867, limiting the
amount Of property that they may hold to
| s5O,OOO2
Mr. Chandler. hold that that has no refer
ence whatever to this church.
The Chairman. Is that qualification upon
their franchise2
=, Mr.. Chandler. No, sir. Now, let me read
that, Mr. Chairman
The Chairman You hold that they are linn
tied to the $4,000, do your
Mr.. Chandler No, sir; do not.
THE Legislature assemblies OF the several
special privileges, but they may, by general
incorporation nets permit persons to associate
themselves together as bodies corporate for
mining, manuiacturing and other industrial
pursuits, or the construction or operation Of
railroads, wagon roads, irrigating bitches, col
onizaiion, and Improvement of lands in con-
nection Herewith, or for colleges, seminarles,
churches, Libraries, or any benevolent, chari-
table, or scientific association"
Now, the law is addressed TO the future.
The Chairman. What law Is THAR
Mr.. Chandler. That is the law as II now
stands, that was passed June, 1862, aud there
Is a law Of March ,, 1867. This is the law as 1t
| is retained in the Revised Statutes.
Tho Chairman. Please give the section Of the
Revised Statutes.
Mr.. Chandler. Section 1880.
The next section Is the one you ellude to,
| the following relating to the government OF
| territories:
mo corporation or association for religious
or charitable purposes shall acquire or hold
| real estate in any territory during the exist.
| ence Of the territorial government, OF
| greater value THAI $4,000 and all real estate
acquired or held by such corporation or as,
| and escheal 10 the United States; but existing
| vested rights in real csGie shall not be linz
/ paired by the provisions Of this section"
| Mr., Cnswell. At The time Of the passage OF
The Chnirman. What section is that
MIR. Chandler. Section 1870, and that is the
| section that Is alluded to, IL recolleGt In the
| bill. Now, what does that mean? Why all
| laws are prWd Jdf prospective as dis
| tinEulshcd from retrospective That is the
| first rule q construction, that laws arc made
| for The future. Ihis law says on It's face. mo
association for ruliS ious or charitable purposes
| shall acquire the future. The law, taxi
| Ing II together WIS providing for the cstnb-
| lishmCnt Of corporations, and not for tie gov.
| efnmeIt OF corporations already established.
| 1t was providing for two things: the incorp0ra-
| ton ofchariHblc Institutions, aud for tho gov.
eminent OF those corporations when cstab'
| lishCd.
| The Chairman. Mr. Chandler d. not want
| TO disturb you, but eau you refer to tho exact
langunge OF tho 0ct OF 1855! upon the subject OF
| this Utah cAsCP
MIR. Chandler, can get 1t in q moment.
| The Chairman. The net of 1882 was n scpa-
| rate statute applying tOthis case or Utah.
| Mr.. Chandler. Yes, sir.
The Chairman. In which they made this
| provision, which lSeC huJbeCn modified in tho
| Revised Statutes.
| Mr. Chandler Yes, sir. Isthcre less sanctlty
In ore provision with corporation than in
| another? Would IL be cDneaded Mr.. Chair.
man, that If the property of the original Church
| OF Jesus Christ of the LatlcrD Day saints was
exempted from taxation, that in 1867 Congress
| could have Passed n law repeating that eN
| emption? III re Is a church already on its
feet: charity already established with certain
defined rights in its charter. In that charter
is not disputed. If In the charter there
was provision that its property should
Would We SNV come under S the Principle in
the sth of Wallace and the law of 1862, II 1t
undertook to subject 1t TO taxation, when, BY
It's It's, charter made ten Years previous y could
held? The decision in Wallace is that 1t
would not; that the entire family of privileges,
no matter what they are, granted to corpora.
ton, arc preserved to the corporation as
If this be legal incorporation of the
Church Of Jesus Christ, then the terms OF Its
charter of incorporation are in its charter pro.
visions, and II Congress saw tit to endow 1t with
unlimited capacity TO take and hold property,
1t being Il private institution, the law OF 1862
cannot cut down that capacity to mold Drrp'
other respect. There Is 10 difference in the
character of the change made. One part is
necttcut, itAs not principle that grant may
/ be inifinged upon, If the variation be not
great, as every variation, the Supreme Court
say, violates Small injuries are as much In
hibitcd as larger ones, and the least right Is ns
anxiously projected as the greatest.
lfyou are going 10 eSe5lino the charity ere
Stt by the lay OF 1872 or Whenever 1t was Gre
| M. West. 1852.
Mr.. Chandier lfyou are going TO survey OF
The PRIVILEGES Of that corporation created In
| Nfn N ghprn he
"A legal sanctty attached 10 that charter when
created; II there be no power Ia tue charter
reserved TO the, government to repeal H. can
YOU repeal 1t in detail because You think that
| the features Of II which You propose to ellmi-
nate are tr!fins? This authority says not. II
ut is not principle that grant may be in
| frinGcd upon IL the variation be not great ~
every variation violates; small injuries are as
mnCh inhiD tied N' huger ones, ID the least
dgi is as @nAouS'y prot 'c''a as the great
Tho Chairman. Did you give reference t
Mr.. Chandler. Ycs, sir: Bumps notes on Con
stitu,lOrRl Decisions, page Lei. This was the
Gaze OF the Enfield Bridge Company w. the
Connecticut River Company, Z Conn, P;2%
The Chairman, Is that tho authority you
bDve been reading nom
Mr.. Chandler. SO, sir; this Ia the only onC
| thiuV ] have ICHd nom this book this lAstnu
thOliiy. Have been reading nom the decisions
OF he sulnCmc Court oi the United States.
The ChailnGn. You rcsd an authority iron
| New York
Mr. Chandler. Neg sir.
The Chairman, | wish Won would Just give
the case you read from from New York, for
may not have that book
Mr.. Chandler. 1t Is the case OF Benson VS.
Moore in Now York. reported in 10 barb
read ilom pages n and 25. Now, my propo
sItion is this, that the charter OF this churcl
was created under the terms Of m act, which
act describes, in explicit language, the priv
| leges which the corporation received.
The Chairman. Have you that original net
Mr.. Chandler. No, sir: ! have not. II Is Sc
out at large in one of the briefs before the com
| mittee.
Mr. Gibson. 1t is in tho compiled statutes o
Utah.
The Chairman. Very we'll, If you have /
here, that is all that is necessary.
Mr.; Chandler. Cam Congress hang alouj
wbensV newer Sess III Cam It tut take uG ava
from 1t what Congress chooses " esteem
tritling privileges, or does the sacred pro
lection which tine constitution extends TO l
preserves all its privileges under the charter
Does 1t preserve its Identity absolutely us It wa
created, or is II LEFT open 70 the assault OF Con
b feels Eo in bSd
: could not, at o subsequent day, FIX the limit :
, rs capacity % hold property that Il iiad no
| Mr.. Chandler. hold this! will answer tn
| question as bcst I can, II the charter whe
made cdtnoriled this corporation to take $50, OF
l worth or 100000 worth Of property, aud te
years aherward It had acquired only 5000
7 worth of that sl00 900, and Congress undertook
r to interpose and say that II should not aGquir
the other $50 600. the repeal of half of Its rlgh
| would be unconstitutional
Mr.. Caswell. Is that precisely the question
} Mr.. Chandler II may not be. lido not Sa
that 1t Is. l say however, If you gentlemen cor
J | strue this charter to give 10 this corporation
l the unlimited power 10 possess property, tina
. il the fundamental consideration II thi
I charter, though not In terms, but by Il fai
l construction, give this corporation an unllmite
} | cs{Scity to Fold properly, there Is no pOWe
: In Congress now 10 curtail that capacity.
t The Chairman. Now Mr. Chandler does no
| your propOsition-Gnd | want you 10 meet
: In Its full force-nmount to this Ifthis Charte
I | that Was created in 1850 10 1882 gives 10 tina
/, coronation the power TO unlimited acquistio
I | Of real estate, then as there Is no power Il
[ | CpngTpgs IN renenl II and Utah ghnnil nOm