Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-12
FURTHER PLUMBER CONTEH-
PLATED.

EdnIunds bill, framed for the pur-
pose Of helping the Supreme Court
c. the United States out Of I judicial
aaG,le. 1t is fitting that the bill
ious and biJul0us Senator whose
-"AIormon'' fanaticisn has put
the court Ia a hole. should try
TO do something vigorous towards
helping it out. After the enactipg
clause the bill reads:
chat any and al funds or other
property lately belonging b. or in
tile possession %, or claimed by the
corporation mentioned in section Il
n the act entitled AN act IL amend
an act entitled an act 10 amend
section 800 Uf the revised statutes
OF Che United States in reference to
'iEany anu for other purp0ses,
approved March -, 1852. at. before
or since, the taking effect Of said
act III respect Of which funds ant
property u shall appear that there Is
40 lawful possession E8r lawful
private right, shall be devoted 20 the
usr and benefit OF the public COM
mon schools ia the Territory OF
Ita3; ami The Secretary OF the In
terror shall LEe anu receive the
same aud dispose thereof Tor the use
Aforesaid il such manner Il shall
seem q him, with the approval OF
the President, ~ Ice most eNnedieut.
ami tine supreme court % said Ter
f-,1.y is hereby invested with POW
- ana authority 70 make all neces-
s.'Tg and proper orders and DEGREES
i-f tIe purpose hereiuHgf3re men
toned. :
ltmuzt o. evident to every cr!ti-
cll reader Of toe At Of 1857 for the
plumber Of the ''aI1rmoa'' Church.
that it provided for the confscation
Of It's real estate only, ami that
merely for such really as it had
acquired since July 1862 in excess
Of the value Of S5t,05J, aud not used /
exclusively for tie worship OF God 1
Or for parsonaggs Or burial grounds. /
Ehese.zIFc Of the personal property !
was an airerth0ught, originating 1
with the lawyers and the Utah SUI
preae Court. The superior courI. |
in affirming thc decree, found it !
hal gone teyoni the law, and so
announced that action would be
deferred Ui the October term. i'm
oslgT, il possible, 10 find some way
out Of The difficulty. /
Now Senator Egmlnds comes to /
the rescue with what we think NAV
D., fairly termed juIicill legislation.
For it is not only designed to solve
aju'ioial problem, hut is judicial in
It's nature aHd operation.
The only pret-xt that is or can be
offered to legally justify this pillsge
9t Parsoaal property is the juiicial
Assertion,
Thai .i7-a DO upa exist any natural
persons, or any body. aszo .iation or
corporation who are legally entitled
to any portion Of said personally Is
Successors in iu-sEay. Of said Church
of jesus Christ %, If.,5r-dly saints.
u1rare the.s any trusts Of a definite
aaI lea. c-arl--1r upon which the !
c'ur,. sis-!ns as a court u caancerv A.,
c'n administer the personal property s
hereiab. fore set out
This j. the excuse given by the p
UtsE SIFTems Court. Now marx I
'ho fact tlat the SINE court in the
same decision Ia which this pretext
appears, iIiicillly auuguuses the I
fast, .
''F1as since ths passage Of the Act
81 Congress Of February 10. Iss7. tho s
Church of Jesus Chris. Of Ls,ter-tiav p
Saints has existed rs a voluntary re Z
l.gi1us s=s. Of which Lhs said MILFORD :,
is the acting President, and :
has had duly designated and appoint
Cd by the Probate Court Of said salt Il
lake County in said Territory, in Il
pursuance OF the Ac; OF Congress d.
aforesaid, the following named trus- q
tees: W. Preston Robert 7. Barton i
aud John r Winder 20 take the title "
10 and hold such real estate IS shall n
Do allowed such religious sect by law 5,
Tor the erection and use Of houses OF IA
worship. QsrsolaEss and burial
grounds"
Here there are both natural per-
.2ns2 aul '.tg4s.ees'' to whom the
personal property might have been i
administered, If the court had the +
deposition 90 So order. The aunin- Ia
acct'' was the natural le
uccess9r 10 the Incorporated sect IS
fteT the dissolution orthe cornora- ii
ion by legislative act. The mem "
'ers Of both were the same. The pr
3p7ra,ion itself was uug the AGENT 81
{ the church, or association or nat p'
.ral persons who owned the per Il
onal property. Ii could not be n,
lGimsd that they had either ac- Al,
uiret or hell it Illegally, for there M
; no limit Ia law to the amount of -
ersoaal property which n religious IN IN
ssccistion may possess; the re.tr!c- . ",
on rs cn!y IN regard to the m'
salty. M
Bat the court also held that there n, N
'cre moral grounds for ,eizinr this on
srso1al property, namely, that On his
lie dissoivins Of the corporation, ~
"There dill NJ. exist any trusts or no
lrPoSsS within the objects and PUP Ian
'>e7 FOR which said personal ur5par- hya
was originally acquired. As herein ms
fore set oal, whether said acquisition ia ia
as by purchase or donation, 10 or for i
hieh said personally or any part peo
ereof could be used or t, which IL Til
MD be deiic8rei tbs; were not m har
hole or N Psrt opposed to public
'.IcT. good morals and contrary 10
g laws q ;he United S.ates.'' r
Let Us $50 about this. The act of PHI.
corporation, which j. cited in full mi.
the decree, SETS Gorth 'sihe objects SIT
I'd purposes for which said prop S D.
iy,' 10th real aud personal, was sist
isiua!ly aoqaircI.'' They were arm
ne used, managed or disposed Of sue
the benefit, Improvement, cree Iicl
~ Of houses for public worship OF
70 instruction, and the well being me me.
sail Church, = that is the Church ~,
Jesus Christ Of Latter-day Saints. pau
is further set forth in the act Of pas
corporation that leach and every a a 81
or practice so established or ad- IL.
ted for law. or custom, shall re- fol-
e To s0lemnities, sacraments, cere- bee
laies. cansncraiinns nr,.l.,--..,...... Uel