The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-09
THE CHURCH SUITS.
The Final Decree
Made Yesterday.
THE PROPERTY TAKEN
The Temple Block Alone Left
the Church.
FULL TEXT OF THE DECREE
The Matter VIII be Taken to the
Court of Last Resort-The
Bond Filed

The four judges were 70 nptlv on thu
bench ia the Supreme Court yesterda,
morning
Regarding the report of Refere,
Sprague, who was appointed on Sa,ur
day to take testimony and report OF
the compensation to be allowed Re
ceiver Dyer and his counsel, it was or
dered that the report be made a. the
next sitting of the court on November
18th next.
Mr.. Z. S. Richards of the Church
counsel, said he desired to file replica
tons TO the answers filed on Saturday
to the petitions of William B. Preston
Robert 7. Burton and John r. Winder
asking to have the Temple Block sci
apart for the use of the Church as q
place OF worship, the Gardo House and
Historians Office properties as par
sonage, and the Tithing Office property
as having been used by the Church
prior TO July 1st, 1862, and therefore
not subject to escheat because of the
vested right which The Church then had
in said property, The applications were
led aud Mr.. Richards then read th5
following p stition for IN 'ervsntiou, and
asked leave to file the same, which was
granted
IN INTERv ENTIoN
In the Saprems Court of the Terri org of
Utah.
The United States of America.
Plaintiff,
VS..
The late Corporation of the Church of
Jesus Christ OF Latter Day Saints
ct al. Defendants.
Now come George Romney, Henry
Diuwoodey. James Watson and John
CLARK, and by leave OF court first had
and obtained, tile this petition in inter
vention in the above entitled cause on
behalf of themselves aud all others who
are members of the Church hereinafter
mentioned, and for their grounds of In
Prevention ailege:
That the said members are more than
100, coo in number, and so numerous
That they cannot, without manifest in
convenience and oppressive delays in
the said suit, be brought before the
court; that all said members have an
interest ia comm n with said petition
err in the subject OF this petition and
the ques iols involvet in this suit.
W neIetore, said petitioners file this
petition for the benent of all said mem
beTs
That heretofore on the .... day of
........ 1887, this Court made an order
IN the above entitled action, appoint
ing Frank II. Dyer Receiver of the
Churcn of Jesus Christ of Latter-day
Saints, who thereupon duly qualified,
aud ever since has been, and still is,
acting as such Receiver.
That since his said appointment said
Receiver has seized, taken possession
OF, and now holds, subject to the order
OF this Court, the following described
real and personal property, to-wlt'
(The petition then describes the
Temple Block, Ti:hlng Office property,
Gardo House, Historians Office,
Church Farm and coal lands. Also
the PERSONAL property in the hands of
the Receiver, of the total value f about
$3.50, 900, exclusive of the Temple Block
That all the said described property
is, and at the time it was taken by said
Receiver was, and long prior thereto
of Jesus Christ of Latter day Saints,
and the possession thereof by said
Receiver is wrongful and without
authority or right
That the said Church Of Jesus Christ
of Lattrr-day Saints is, and for many
years last past has been, voluntary
religious society or association. organ
liz I'd a d eX sting in the Territory of
Utah for religious and charitable pur-
poses.
Thst said petitioners md the hers
for whose benefit they file this petition,
are members of said Church, residing
ii said Territory. That said Church
became possessed Of all the above de-
scribed property in accordance with its
established rules and customs, by the
voluntary contributions, donations and
dedications of its saiu mem bers, to be
held. managed and applied to the nse
and benefit Of said Church, auu for the
maintenance OK lis religion ana char: les
by trustees aopoin Ell bY SAID Members
semi-annuelly at the general conference
or meeting of said n 3m5ers
That Jonn Taylor, the last trustee SO
appointed, DIED On the 25th dsy OF July,
1887, anu slnce MS said death NJ trustee
has been appointed.
Ahot i'4OpCI'y III Tue AduuS OI
sal r, cei1er is CLAIMED adversely to
said Church, said petitioners and men,
bers thereof, but wholly without right,
by said plaintiff, and is being wrong
fully withheld and diverted by said
receiver from the purposes for which
it was donated, dedicated and granted
That said petitioners and said members
on whose behalf this petitirn is flied
are equitably the owners of said prop
erty and MEDICALLY interested therein
and to prevent the diversion of the
same from the said religious and char
liable purposes of said Church to which |
they donated and granted said prop
erty.
Wherefore your petitioners pray that
in case said corporation of the Church |
of Jesus Christ OF Latter-day Saints |
should, upon the final hearing of this
cause, be held and decreed to be dis
solved, an order and decree of this
court be made and entered, adjudging
and decreeing:
1.-That the said property belongs
TO the individual members of SAID
Church and that they are authorized