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

10 appoint trustee or trustees to hold
money to tho purpose for which it was
originally given.
2.-That the said receiver deliver the
possession of said proper geiher wi /
| its proceeds and income in his hands
to such trustee or trustees as may be
named and appointed at general con-
| ference of the members of said Church
in accordance with its rules and GUS
| toms.
3-For such and further relief as may
be suitable and just.
JAMES o. BRoADHEAD,
F. 5. RICHARDS,
LIE GRAND YCUNG.
SHEEKs 81 RAWLINs,
Solicitors for Intervenors
In response, the plaintiffs filed ar
answer to the petition, in which they
of the Church, but deny that they
or any part of it, and asserted that it
had been acquired by purchase. 1t re-
cites the history of the suit, and alleges
that the Church used the property to
promulgate it's doctrines, among which
was plural marriage or polygamy; that
the Church still maintained all of its
doctrines, none of them having been
repudiated. The ISSUE was principally
as to the forfeiture OF personal prop
erty.
Mr.. Hobson, of government counsel,
''for the benefit of your honors who
were not on the bench when the suit
was first begun" then reviewed the
case from its inception in remarkably
clear manner, and submitted state
ment of the facts agreed upon. He
also suggested the findings of the court
in the
FINAL DECREE,
which was delivered as follows:
This cause coming on this day for
final hearing and determination by the
court, upon the bill of com plant herein,
the answers of the several defendants,
ard the replication thereto, the pet j.
tions of William B. Preston, Robert T.
Burton and John R. Winder. trustees
for the unincOrporated sect of the
Church of Jesus Christ of Latter-day
Saints, the petition Of Intervention by
George Romney, Henry DInwoodey,
James Watson and John Clark. on be-
half of themselves and others, and
upon the answer to said petitions, and
upon the evidence on file in this cause,
including the agrc,d statement of facts
entered into and accepted as evidence
by the consenG OF all parties to this
cause and each and all of the parties to
this cause being represented by counsel.
and the court having duly considered
the same, AMI being fully adviser in the
premises, it doth find and declare the
following facts to have been established
in this cause:
THAT the Church Of Je US Christ OF
Latter day Saints was, from the 10Th
day Of January, 1855, to the Sd day of
March, 1897, a corporation for reli gious
and charitable purposes, duly organ
zed and existing under and in pur-
suance of en- ordinance enacted by the
Legislature OF Utah.
2-That on The 10Th day of Febru ry,
1887, Congress passed law which pur-
ported to disapproTe repeal and annul
said charter.
3-That Immediately before the pas
sage of the act. John Taylor was, and |
or long time had been, acting trustee |
Of said church, and that after the pas
sage of said act he still continued to
hold and exercise powers as such, until
he 25th day of July, 1887.
4-That at the date of the passage of |
laid act of Congress, and for long time
orior thereto, there were no assistant |
rustees OF said corporation. none hav-
ng baen elected since 1877; that Will
ord Woodruff. Lorenzo Snow, Erastus |
snow, F. D. Richards, Brigham Young, |
Moses Thatcher, +. NJ. lyman, John |
Henry Smith, George Teasdale, Heber |
!. Grant and John w. Taylor were. at |
he commence meut of this suit, coun-
ellors and advisers of said John Tay-
or, and so continued until his death.
5.-That since the passage Of said act |
# Congress the Church of Jesus Christ |
If Lstter-day Saints has existed as
religious sect, and it has |
lad duly appointed, in pursuance of |
The act of Congr SIS aforesaid, the fol- |
owing named Trustees: w. B. Preston, |
Tohn r. Winder a I'D Robert T. Burton,
10 take the title t. and hold such real
estate as shall be allowed said religious |
eot Oy law for the erection and Use of
louses of worship, psrsonages and |
burial grounds.
6.-That at the time of the pa sage of
aid act Of Congress (Fepruary 10Th,
00I there were no outstanding debts |
,r any claims against said corporation,
70 far as appears to the Court from the |
violence herein.
THAT at the time of the passage of |
he act of Congress of February 10Th,
SS7, the church owned and possessed |
he following real estate, VIZ:
Then follows a detailed description
# the Temple Block, the Gardo House,
he Tithing Office, Historians Office
nd grounds, etc.
The legal title to the real estate known
IS the temple Block at the time said |
aw went into effect, was held by John
'aylor as trustee -in-trust for the said
orporation, and he, on the Both day Of
une, 1887, attempted TO convey the
anne to Trustees Burton, Winder and
Preston.
The said Temple Block was taken
possession of by the agents of the
'hurch of Jesus Christ of Latter-1ay
ANTS, then existing as voluntary IN
Incorporated religious sect when Salt
AXE City was nrst laid out and sur
eyed in 1913. and since that date has
'een in possession of said church as a
religious sect, until 1t became
1corporated at aforesaid, and then as
!; that at the time the same
7as taken possession of as aforesaid, 1t
7as a p.rt of the public domain, and
j Il. IL