Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-12

$780,
la. not our province % pass Judgment
upon The necessity or cNpciicnrv % the
. act q February o., Isl
That i n mistake in the date: il
ought 10 bee the .sth. There was a
conflict about tine time il went into
ELECT; the government claimed il
was the &ytn 0f FEBRUARY and the
other side stated il was 81 OF March.
ltis no; our 20, vince 10 pass Judgment
upon tie necessity OF cNug1Ieurv Of the
act % February h.. l-s.. under which m.
proCcr iinE was tlkeu- The only question
We have o. Cnusiderifn this regard D. a. fn
the constitutional power II Congress o.
pass g. Nor are We UUE called ut,nu % De.
clare What disposition oGEhf % Dc made of
the property 81 the Church Of Jcsu, Christ
OF lafter-day saints Iui~ su.t j., fu some
respects. Al auriIlIrT one, Instituted for
tn- purpose Of taxing possession Of and
holding tor lnEl deposition the property o.
the deiunrt corporation Iu the haud, % q
receiver. aE1 winding Ep u AFFAIR To
that cNfcug. and 90 that ou'y, the decree 0f
the cirrllIt court Las gone In the proceed.
lu-s which have been m atitufrfi IN the d.
.rirt court % the Territory. % wall he De
tcrmfuct whether the real rsTHfe 81 the cor.
puTati0n " hiru has been seized excepting
the portion exempted bv the art7 has. ~
has not. c-rhcafed or become forfeited tD
the tuited states. n o. should re decided
IN The Affirmative. then, pursuant % the
terms - the act, the property 20 forfeited
and c-rhcatci Will be disposed Of bv The
SECRETARY q tn Interior. ant the proceeds
applied o. the Use ami bcUClE % common
schools IN the Territory.
Il o obvious that any property q the
corporation which nay be- auiufEp5l 10 Lee
forfeited sud cschyatei will De subject 20 \
more absolute control and di-pp-Ifirn ~
the government than that which Is not -
forfeited.
or course II IL Is forfeited and es-
cheated il becomes the property Of
the government, and the govern
ment may DO what it Plvases with it.
The os-foricitsd property uiIi bc sub.
icrf o. sErh disposition only a. nav Iuc re-
Igtrrd ~ the laW 90 charitable uscs whilst
the forfeited and c-rhrIt-t property. be-
irE subject % . moTc absolute s1ntr1I ~
the government. wll admit ofa -relfer
latitude OF discretion ia regard % o., dIs.
p9siig1n-
Then in the winding up Of his
opinion he says this, in regard To
The Intervening petition, 10 which /
have made reference:
The application OF I.omEev and other..-l
and It j. for them I speak now IN
this Csise,-
rePresenting the unincoTr1raic,i members
Of the Church - ICzu. Carl.. ~ Latter. siav /
saint-, IA fully disposed 90 by tile consider. 4
aflpus already addurrd. The rrfurfpal /
property % the Church was On such ! con. Il
dIiiuu a- o. authorize the government and i
the court "a take possession Of % AMI 1
bod 70 Eniu % -hnll b. seen what
= e.
We think u vas 10 such a cpulitiop. and
lhaf Ifts properly held IN the custody OF
~. receiver. The riEhts % the Church /
lncfnhcr= ull necessarily be taken into
m the iuai disposition q the
raS.- There j. M ground tor ErantinE
ihrlr pre- sent application The property d
In the custody % the law, aWaifin. the
Judgment % the court ~ % II hnal dispo-
s sullect N the h1Eds OF the Churca
% Jesus Ihrisg % Latter dav |
-alnis. whether incorporated or uniu- !
The conditions for claim |
.ert or community under the act g, not a.
irescnt exist
We do not set cut any Of these OBJ
ects Of charity in that application.
We ask that the property might be
urngd over 10 them for charitable
Uses without specifying them. and
'eriaps they should have specified
hem in this petition, and we Gid
lot claim in the argument before the
,ourt, a Judge Bradley says, that
he members OF the Church were
untitled individually or collectively
o the Church property in .heir own
light; not at all. We claim that
hey were entitled To hold il in trust
or the purpose for which IL was
'iven, aud one assignment Of errua
vas in tbess woul>:
rBecauss n Il finally shall be held that said
g = galll IN 20 far a. u rcpea the char
= OF sAid corporation. and u said corp1r- !
non shall Sadly 30 sdiu1=cd dissolved. !
iiii uTuu such dissolution the real estate
M pruperty BE .o1-in< TO sad corporation
lshi - law and equity % be aeiud-ed 20 I
and become the property q the indiyid- Z
Al members q sad corpbTzfioa AZ the ,
ate Of IL 4 solution, charged VI IN tne !
lme trust. uses. and purposes under ! {
hieh it Uzs acquired and held by said cor G
grafton
And thai j. where We say it ought I
, 20, and that j. where Judge 4
'radley says il fought 10 20; but these &
lets were not before him. And II
here has been no other charity Y
'inted out, IL they were unable 10 4