Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-10

I ktING Vi bt EAANgs Nv ll-
legislature or itsjudiciary, interposes
70 preserve them from dissipation
y and destruction, and TO set them up
ON a new basis Of usefulness, directed
to lawful ends, eoincident, as far as
may he, with the objects originally
proposed.
The interpOsition Of the legislature
in such cases is exemplified by the
case Of The Town Of Pawlet Y.
Clark 4 al, % Cranch, 292), which
arOse in Vermont. In the town
charter, granted in the name Of the
king in lT6l, one entire share Of the
town lands was granted "as a giebe
for the Church Of England as by
law established. There was no
Episcopal church in the town until
1902. In that year one was organ
lied, and its parsOn laid claim TO the
glebs lands, aud leased them 10
/ Clark and others. OF cOurse, this
/ church had never been connected
with the 'sChurch Of England as by
Law established;" and the iRstitu-
ton Of such church in 1902 was
| impossible, and would have been
contrary to the public policy Of the
state. Meantime, in 1874, the legis-
lature had granted the glebe lands
/ TO the several towns 10 be rented by
/ the selectmen for the sole use and
support Of public worship, without
/ restriction as TO sect or denOmina-
/ ton. This law was subsequently, re-
/ pealed, and in 1895 the legislature
/ passed another act, granting the
/ glebe lands 10 the respective towns,
10 apply the rents to the use Of
schools therein. This was held to
be valid disposition. Mr.. Justice
/ Story, in the course OF an elaborate
opinion, amongst other things
showed that a mere voluntary so
ciety Of EpiscOpalians within a
town could no more entitle them
selves, on account Of their religious
tenets, TO the glebe, than any
other society wOrshiping therein.
''Fhe glebe,'' he said. remained as
an hIredtds jGssHS, and the state,
which succeeded to the rights OF the
crown, might, with the assent Of
the town, alien or encounter Il, or
might erect an Episcopal church
therein, = etc. ''By the revolution
the state Of Vermont succeeded TO
all the rights Of the crown as 20 the
unapprOpFiated as well as the ap-
propriated globes" (pp. 334, 335.)
Again: without the authority Of
the. state, however, they 1.-THE tOWns)
could not apply the lands TO other
uses than public worship: and in
this respect the statute % ls15 con
ferred a new right which the towns
might or might not exercise at their
own pleasure" Up. $50.
Coming to the case before us,
we have no doubt that the gem
eral law Of charities which we
have Described is applicable there
T.. 10 Is true, no formal deClara-
ton has been made by Congress
or the territorial legislature a
to what SYSTEM OF laws shall
prevail there. But it is apparent
from the language Of the organic
act, which was passed September
., 1850, % stat. i5j, that it was
the intention Of Congress that the
system Of common law and equity
which generally prevails in tins
country should toe operative in the
Territory Of Utah, except rs il
might Ice altered by legislation.
In the 9th section Of the act il
IS declared that the Supreme and
District Courts Of the Territory
''shall possess ch0HceTy as well as
common idiC jurisdiction, - and the /
whole phraseOlOgy Of the act i'm. I
HuGfsss HNUsH sNnHVaa-
tOrial legislature, in like manner.
in the first sectiOu Of the act reg
ubtins procedure, approved De- 1
cember 81, 1852, declared that all 7.
the courts Of the Territory should 7.
have ''lCr aud equity Jurisdiction in I
civil cases. In view Of these .
significant provisions we infer that ,
the general system OF common law .
and equity, Is ii prevails in this
country, i the basis Of the laws
OF the Territory Of Utah. We
may. therefore. GsSume that the
doctrine Of charities r. applicable
To the Territory, and that Con
gress, III the exercise Of its pleu-
AIRY legislative power over it, was
entitled TO carry out that law and .
put it in force, in its application
10 the ChUrch Of Jesus Christ OF
Saints. /,
Indeed, IL is implicitly admitted
by the corporation itself. in its an
swer to the bill in this case, that
the law Of charities exists in
Utah, for it expressly SAYS: That
it was, at the time Of it, crua- /
ton, ever since has been, and
still is, a corporation or a>SOcia-
lion for religious or charitable
uses And again it says:
THAT PRIOR 10 February -. Iss5. It had. as
such corporation. rs % lawfully might iry
ne powers granted 70 % ay rs acts % in
corporation. acquired and held from time
- time 70 certain personal property, goods. [
and chattel-, all u which u had .cqus-cd,
le!d and used solely and only for charitable
Ind religious purposes that on the 18th !
Fay 81 February, 4. %. ISIS it still held and
'wued certain personal property, goods. ,
mo chaJtvls donated 20 10 by tAt member, I
u -sii church and friends thereof SOLELY {
md only for use and distribution ior char !
table and religious purposes, :" and ''that
N February >. Isl. John Taylor. who then
ield al the personal property. MONEYS,
tocks, and bonds belonging 10 said defend
.nt corporation as uustee in trust for sali
defendant. Ly and with the consent and
md conveyed all OF said personal property
moneys, stocks. and bonds held by hIm he 4
ouSing 70 said defendant corporation. after
citing apart and rcserytng certain MONEYS
nd stocks then held by him. sufficient in
mount and necessary for the then existing c
Of said defendant corporation.
. certain ecclesIasticat corporations ere I
ted and eNisilng under and BY virtue OF :
he laws Of the Territory OF Utah. TO be de- I
cted by said ecclesiastical Corporations ,
oleiy and only 10 charitable and religious !
scs and purposes"
And the interveners, Romney. )
nd Others, who claim 10 represent :
he hundred thousand and more I
OF the Mormon Church, {
n their petition say: q
THAT the said Church Of Jesus CHRIS: Of :,
after day SAINTS Is and for many ycars :
- past has been voluntary religious {
1ciety or association. organized and exist a
~ 10 the Territory OF Utah for religious
nj charitable purposes.
hat said petitioners and others for
hose benefit ihey hie this petition, are
iem5ers % slid church, residing IN said
eETIiory: that said church became pos
,-scd Of AL the above described property, I
! accordance with It's established rules a
nj customs, by the voluntary contribu. r.
ous, donations, and declarations Of it, said
.embcrs, To- lie held. managed, and applied
J the use and benefit OF sand church and
y the maintenance % lis religion and I 1
lariucs 10y trustees appointed BY SAID
crnbcrs semi annually AZ the general con | =
renee or meeting Of sand mcmbers."
The foregoing considerations place
beyond doubt that the general law |
charities, as understood and ad-
in our AuglO-American
stem Of laws, was and is applica- S
L. to the case now under cOnsidera-
on. 6
Then looking at the case as the n
nding Of facts presents il, We have Sc
sfore us-Congress had before it-a Al
organization, wielding
! its resources an immense POWER
the Territory Of Utah, and en-
.oying those resources and that g,