The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-09

ton of the Church OF Jesus C5rist Of
! Latter day Saints, having become By
law dissolved, there did not exist at its
dissolution, and do not now exist auy
trusts or purposes within tue objects
md purposes for which said pers JnaI
property was originally acquired. as
heretofore set out, whether sad acquis--
ition was by purchase or donation, TO
or for which said personally or anv part
thereof could be used or to which if ccuId
| be GediCa e,I that were. anu are not. in
whole or il part, opposed to public
policy. good m-rals. and contrary TO
the laws OF the United States. And
furthermore, that there d. notexI
any IA oral persons or anybody. asSo-
cation. or corpora ion who are legally
entitled to anv portion Of said Ierson
| atty as successors IN interest 10 So id
| Church Of Jesus Christ of Latter-day
Saints, nor have there been. nor are
there now, any trusts OF a detnite or
| legal character upon which this court.
sitting as court OF chaucery, can ad
minister the pers onal propertr hereto
| fore set out, and it is furthermore ad-
| judged that all and entire the personal
property set out in this decree s having
belonging to said corporation has, By
reason of the dissolution of said corpo-
| ration as aforesaid, on account of the
failure or illegality, of the trusts 10
| which it was dedicated at its acquisi-
ton, aud for which it has been used by
said late corporation and Dy operation
| of law, became escheated to AMI the
property OF the United States of Amer
lea, subject to the costs and expenses
OF this proceeding. and of the receiver
N
dered.
Sit is furthermore ordered and ad-
judged that there is not now. and has
not Oren, since the Sd day of Msrch,
1887, any person legally authorized to
take charge OF, manage, preserve and
'ntrol the personal and real property
hereinbefore set out, except the Re-
ceiver appointed by this coGrt; and it
ig therefore ordered that the receiver
ship herein before established by this
court, is continued in full force and
effect, and that the said Receiver shall
continue to exercise all and entire the
powers and authority conferred upon
him by the decree appointing him. And
1t is further ordered. that he continue
in his possession all of the property,
real and personal, hereinbefore set out,
except such realty as has been set
apart by The provisions OF this de cree
for the benefit of the unincorporat, d
religious sect known as the Church or
Jesus Christ of Latter-day Saints, and
that he safely keep, manage and control
the same in accordance with the pro-
visions of the order of this court ap.
pointing him Receiver, pending the
determination of the proceeding upon
information hereinb 9fore referred to,
and until the further order of this
G )urt and final action upon and deter
mination concerning the accounts, pro-
csedings, and transactions of said
Receiver, and all matters connected
with or incidental thereto are ordered
to be reserved for the future considera-
ion and decision of this court.
oPPos1EG THE DECREE.
Colonel Broadhead, Of the Church
counsel, called the courts attention to
the following points insisted uron by
the defendants, and which are in op-
position to the terms of the decree:
1st-On behalf of the Corporation of
the Church OF Jesus Christ of Latter
day Saints, we claim that the Act of
Congress OF February 49,. 1887, is I'M
constitutional and void, so far as it I'M
0CIb6AOS " OLSoOlfS S1Iu COEDOrdClOQ,
and that the said corporation is not
dissolved. nor is there any power in
this court to decree a dissolution of the
said corporation.
2nd-rnat the act OF July 1st, 1862, so
far as it undertakes to limit the powers
OF said corporation as to the amount of
property it may hold or otherwise, or
to amend its charter, is unconstitu-
tional and void.
3rd-That at the time OF the passage
of the act of July 1st, 1862, the right TO
the properly referred to in the agreed
statement of facts as the Ilthing Utfi.e
was vested IN the said Cor
poration of the Church of Jesus Christ
of Latter day Saints, and is therefore
not subject to escheat and forfeiture.
4th-That the Temple Block. which is
used exclusively for the worship of God,
and religious purposes, ought to be set
aside for the use of the Church.
5th-That the property known as tie
Gardo House, ought to be set aside to
the Church as parsonage.
6th-ThaL the property known IS
the historians Office ought to be set
aside to the church as a part of the
and because the said oorpo-
ration had vested right in the same
before the 1st of July, 1862.
7th-That if the court should find that
the corporation is dissolved, then the
personal property described in the
agreed statement CT facts ought to be
tuned over to the present members OF
the Church or to trustees for their use
and benefit.
Notice of en- appeal to the Supreme
Court Of the United Sta 9 was given,
and the bond on appeal was fixed &c
800.
Court adjourned until November II,
1888.
NOTICE
All i