Los Angeles herald., 1890-05-20
Editor CannOn's Mission to
Washington.
Time to Call a Halt on Anti
Mormon Legislation.
Real Estate of the Mormon Church
Escheated.
The Supreme Court Sustains the Lower
Courts Decision, Justices Fuller,
Field and Lamar Dissenting.
Associated Press Dispatches.

Associated Press Dispatches.
WASHINGTON, May 19.-The senate
committee on territories today heard
Frank Cannon, editor of the Ogden
Standard, in opposition to Cullom's bill
to amend the Tucker-Edmunds act, so
as to disfranchise the Mormons and
render them ineligible as jurors. Can
non opposed the bill on the ground that
anti-Mormon legislation had now gone
far enough; that the situation OF affairs
with respect to the Mormon question
was improving and would continue to
improve upon the present basis. Moth
ing but time was needed now to work
out satisfactory settlement of all the
troubles.
Mormon Property Escheated.
The supreme court of the United
States today rendered an opinion ofvital
interest to the Mormon church, in the
suit of the church of the Latter-Day
Saints against the United States, which
comes here on appeal from the decision
of the supreme court of Utah in favor
of the United States. This court affirms
that judgment.
The case grows out of the Edmunds
anti-polygamy law, which dissolved
the Mormon church corporation and
escheated to the United States the real
estate owned by the church. The Nor
mons entered suit to have the law de-
clared unconstitutional on the ground
that congress-, by its dissolution,
assumed judicial powers; that the act OF
the legislative assembly of Utah, in
incorporating the church, constituted a
contract which could not be impaired by
congress under it's authority to repeal
territorial enactments; that the doc
trine of escheat was alien to the spirit
of free institutions.
On the part of the United States it
was contended that congress had au-
thority to repeal all territorial enact
ments that the act incorporating the
church was invalid, as an attempt to
establish a religion was contrary to the
provisions of the constitutions that the
charter should be annulled for the abuse
of granted rights, and that as, when the
church corporation was dissolved there
was no one to whom to turn over the
property, it was properly escheated to
the United States.
The Courts Opinion.
In its opinion the court says: ''The
distinguishing feature of Mormonism is
we'll known to be polygamy and the alb
solute ecclesiastical control of its church
| members. Notwithstanding all tht
efforts to suppress this barbarous prac
tice of polygamy, the sect perseveres, in
defiance of the law, in propagating and
promoting this nefarious doctrine. The
question, therefore, is whether the pro-
motion of such an unlawful system, re-
pugnant to our law, is to be allowed to
continue, and whether the enormous
funds which have been accumu-
lated shall be welded for the propa-
CATION of an obnoxious practice and for
the promotion of organized rebellion
against the laws of the United States.
The history of the governments deal
ings with the Mormons is one OF patience
on the part of the American govern
ment, and resistance to the law and pit
iless atrocities on the part OF the Nor
mons. The contention that polygamy is
part of the Mormons' religious belief is
a sophistical plea. No doubt some OF
them imagined that belief in assassina-
ton was religious belief, but that did
make not it so. Society has perfect right
to prohibit offenses against the enlight-
ened sentiment of mankind"
After an elaborate historical review OF
the common law, the court says: Con
gress had before it a contumacious or
ganization, welding, by its resources,
immense power in the terri
tory of Utah and employing those
resources in constantly attempting
to oppose, subvert and thwart the legis-
lation of congress and the will of the
government of the United States. Under
such circumstances, we have no doubt
of the right of congress to do as it did.
''The decree of the lower court is
affirmed"
Justice Bradley delivered the opinion.
Fuller, Field and Lamar Dissent.
Chief Justice Fuller said he and JUS
tices Field and Lamar were constrained
to dissent. Congress unquestionably
has the power to suppress polygamy
and it is immaterial whether the crime
was committed in the name of religion ;
but congress has not the power to seize
and confiscate the property Of corpora
tions because they may have been guilty
OF crime.