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

/ oil the MORMON ChuACuf Vi OuhlSA
OF Latter-day Saints, one Of the dis
tinguishing features Of which Is the
| practice OF polygamy-a crime
against the laws, and abhofrent 10
the sentiments and feelings OF the
civilized world. Notwithstanding
the stringent laws which have
been passed by COngress,-nOtwith-
standing all the efforts made to
suppress this barbarOus practice
the sect or community composing
the Church Of Jesus Christ Of Lat
ter-day Saints peneveres, in def
ance law, in preaching, unfolding
| promoting and defending It. IL Is
matter Of public notoIiety that its
emisSaries are engaged in many
countries in propagating this mt
farious doctrine, and urging its
converts to join the community in
Utah. The existence Of such a
propaganda Is a blot on our ciyili-
zatiOn. The organization OF a COM
munity for the spread and practice
Of polygamy is, IN n measure, n re-
turn 70 barilarism. IL il contrary to
the spirit Of Christianity and Of the
civilization which Christianity has
produced in the Western world.
fhe question, therefore, is whether
the promotion of such n nefarious
system and practice, so repugnant
n our laws and to the principles OF
our civilization, j. 10 be allowed 10
continue by the sanction OF the
| government itself; and whether the
funds accumulated for that purpose
shall be restored to the same uniaw-
full uses rs heretofore, TO the dotri-
| ment OF the tue interests Of civil
| society.
1t Is unnecessary here TO refer to
the past history OF the sect, 10 their
defiance Of the government authOri-
ties, to their attempt 10 establish an
independent community, TO their ef-
forts TO drive from the Territory al!
who were not connected with them
in communion anu sympGthy. The
tale is one Of patience ON the part Of
the American government and
people, and of contempt Of authority
ami resistance 70 law on the part Of
tine MOFnOns. Whatever persecu-
tons they may have suffered in the
caEly part Of their history, in Mis-
souri, aud Illinois, they have no eX-
Gu for their persistent defiance OF
law under the government Of the
United State.
One prctencc for this obstinate
course Is, that their belief ia the
practice Of pOlygamy, or in the
right 10 indulge in il, is a religious
belief, AMI, therefore, under the
protection Of the constitutional
guaranty Of religious freedom. This
Is altogether a sOphistiCll plea. No
doubt the Thugs u India imagined
that their beliUf in the right OF
assassination WAS a religious be-
lief; but their thinking 30 did not
make IL 70. The practice OF
suffice by the Hindu widows may
have sprung from \ supposed relig-
iOus conviction. The Offering Of
human sacrifices hy our own an-
cestOrs in Britain was no doubt
sanctioned by an equally cOnscien-
tiOus impulse. But no one. on that
account, would hesitate 20 brand
these practices, now, as crimes
against society. and obnoxious 10
condemnation and punishment by
the civil authority.
The State has n perfect right to
prohibit pOlygamy, ami all other
open Ofleuscs against the cnlighten-
ed sentiment Of mankind. nOtwiih-
standing the Prelence Of religious
conviction 10y which they may be
advocated and practiCed. Davis W.
BeIsOn, l33 L. :. 533.l And since
pOlygamy has been forbidden by
the laws Of the United States. under
severe penalties, and since the
Church Of Jesus Christ Of Latter
day Saints has persisteutly used and
claimed the right TO use, and the
unincOTpOrated community still
claims the same right to use, the
funds with which the late corpora
ton was endowed for the purpose Of
promoting AID propagating the I'M
lawful practice as an integral part
VI their religious Usages, the ques-
ton arises whether tie govern
ment, finding these funds without
legal ownership, has or has not the
right, through its courts. and in due
course of administration, 10 cause
them 20 be seized and devoted D.
objects Of unuOIbtci charity and
uSefulness-such for example as the I
maintenance Of SchOOls-for the I
benefit Of the community whose
leaders are now misusing them in
the unlawful manner above de-
scribed; setting apart, however, for .
the exclusive possession and use Of I
the Church, sufficient and suitable 4
PORTIONS Of the property for the pur- /
poses OF public worship, parsonage |
buildings, and burying grounds, rs |
provided in the law.
The property IN question has been |
dedicated 10 public and charitable I
uses. 1t matters net whether it is /
the product Of private contributions, /!
made during the course If half a
century, or Of taxes imposed uu1u !
the people, or Of gains arising from
fortunate operations in business. or
in values, the charit-
able uses for which il was held are
stamped upon it by charter, 10y orii-
nance, by regulation and 10y usage.
In such an indelible manner that
there can be no mistake as to their
ch1Eal ter, purpose, or object.
The law respecting property held
Tor charitable uses OF course depends
upon the legislation and jurisprgd-
nee Of the country in which the
is situated and theuses are
'arTied out; and when the Positive
aw affords no pacific provision for I
lctual eases that arise, the subject /
must necessarily be governed by ,
hose principles OF reason and rub :
lie policy which prevail in all civil
zed and enlightened communities.
The principles Of the law OF chart
les are not confined to a particular {
'eople or nation, hut prevail in all
ivilizes countries pcrvaded by the
pirit Of Christianity. They ar. {
jund imbsd lei in the civil law Of '
rome, in the laws Of European ma {
ions, ami especially in the laws Of I
hat nation from which our institu- 9
ions are derived. 4 leading aud
rOminent principle prevailing in !
hem all is, that property devoted i
D . charitable and worthy object, a
rom0tive Of the public good, shall v
{ applied 10 the purposes Of ifs c
and protected from s
collation. and from diversion TO =
Their objects. Though devoted 10 a b
articular use, II IS considered as L
iven TO the public, and Is, there '
re, taken under the guardianship u
the laws. II il cannot be applied G
} the particular use for which it 4
as intended, either because the Oh n
cts % lie suhserved have failed, or II
,cause they have become unlawful q
nd repugnaut 10 the public policy
the State, ii will be applied to Y
me object Of kindred character so n
to fulfil in substance, If not in ol
amer and form, the purposes ofits al
Il
The manner in which the due ad- il
and application Of IA
laritable estates il secured deu.nfls "a