The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-20

the members of the association, as
prayed for in the petition of interven-
rlon by Romney, DlnWOodey, Watson
and CLARK.
The language of this court. in the
case of Greenwood VS.. Freight Com
pany, los U. s., 10, clearly recognizes
the right of the members OF dissolved
corporation to its property. and al
though it was used with reference to a
business corporation, the same primer
pie applies to religious and charitable
organizations, and 1t would be repug-
nant to the whole theory OF our govern
ment and the genius of Republican in
situations to permit the United States
to copfiscste and escheat the property
Of such dissolved corporations.
S!Gth-All the personal property was
legally acquired by the Church, and
Congress ne YER attempted to limit or
restrict it as to the kind or amount of
personal property it might acquire and
mold. Such property is not subject to
ssoheat to the United States on account
of the failure or illegality of the trusts
to which it was dedicated at its acquisi-
lion, and for which 1t had been used by
the corporation. because the act of Con-
gress of March g. 1887, recognizes the
power and right of the Church to hold
property, by directing that so much OF
its real estate as is used for the pur-
poses of the worship of God, or par
sonage connected Herewith, or burial
ground, shall be transferred to and
held by trustees for the Church. And
because, if it be conceded that the pro-
mitigation of polygamy, to small ex-
tent, as appears from the findings of
the court below, is one of the uses to
which it has been devoted, still there
are numerous other uses, which are
both legal and moral, to which it vas
dedicated and for which 1t should be
used.
There is nothing in the act of March
8, 1887, nor IN any other act of Con-
gress, which provides that property Of
this kind shall escheat to the United
States on account of the failure or llle-
gslity of the trusts to which it had been
dedicated.
There is no rule of equity jurispru-
dence which authorizes q chancellor
to d clare as forfeited or escheated to
the government, property which has
been used for an illegal or immoral pur-
pose. Courts of equity will refuse to
carry into effect illegal or immoral con-
tracts. Of this, there are numerous
instances, but We know of no case ID
NAAOA q SOOAS "a ~ OAbJ Ia SAO oUoOhSO
of any statutory provision on the sub
lect, has been authorized to escheat or
forfeit to the government, property
which has been illegally acquired, or
which is held for illegal or immoral
purposes.
The court finds as one of the facts in
this case that the corporation of the
Church of Jesus Christ of Latter-dsy
Saints was, in its nature and by its
statute Of incorporation, a religious
and charitable corporation for the pur-
pose Of promulgating, spreading and
Gpholding the principles, practices,
teachings and tenets of said Church,
and for the purpose of dispensing
charity, according to said principles,
practices, teachings and tenets.
The court further finds as fact that
the personal property, set out and de
Dcribed IN the findings of the court, had
been accumulated by the corporation
prior to the passage of the act of Feb.
yuary 10 1887; that such accumulation
extended over a period of twenty years
Or more; that this personal property
had been used for and devoted to the |
PRONUNCIATION, spread, and mainten- |
8nce OF the doctrines, teachings, tenets |
and practices of the Church of Jesus |
Christ of Latter day Saints, and that |
she doctrine of polygamy or plurality |
OF wives was one of said doctrines, |
senets and practices, but that only q |
portion of the members of the congre-
cation, not exceeding 20 per cent. of |
the marriagable members, male and |
female, were engaged in the actual
practice OF polygamy; that since the
passage Of the act of Congress of 1857, |
the voluntary religious sect known as
the Church of Jesus Christ of Latter
day Saints has comprised that body of |
individuals who formerly composed the
membership of the corporation, and |
that the doctrines and tenets of the
voluntary religious sect have been and |
now are substantially the same as those
Of the late corporation of the Church
Of Jesus Christ of Latter-day Saints.
IN other words, that the personal
property had been used for spreading
and prepagatirg the doctrine of the
Church, including the doctrine of
polygamy.
Now, it cannot be denied that this
doctrine OF polygamy and its practice,
rs carried on by portion of the mem
hers of the voluntary religious associa-
biOn, who were the same as the mem
be-s of the corporation before its al.
lsged dissolution, was, in the mind of
IAe court, the Illegal purpose to which
this property was dedicated at the time
of its acquisition, and that therefore it
became escheated to, and was the prop
erty of the United States; and the find.
Ings OF the court is 10 the effect that
this doctrine was always preached and
always practiced, by some of the mem
bers Of the corporation, as well as by
some of the members of the voluntary
organization known by the same name,
after the alleged dissolution of the cor
pGration, and yet it is perfectly clear
that by the provisions of the act of
Congress of July L, 1862, property
which had been acquired by this same
corporation before that date, and " hich
had been used for these illegal pur- 4,
poses, was left in the possession and
under the control of the corporation,
and that Ve.ted rights in real estate
acquired before the passage of that act
by said corporation we're not impaired
by its provisions, but were permitted !
still to remain the property of the cor
pOration; and it further appears that.
by the provisions of the 18th and 18th
sections of the act of 1887. as we'll as by
The provisions OF the 18th section of
that act, all religious societies, scots
and congregations - including, of {