Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-12-16
THE BILL TO ROB THE CHURCH.

r THE BILL TO ROB THE CHURCa
r the House Of Representative
d on the l1th inst, Mr.. Ezra b. Tay
II lor called up the Senate bill l0i7
+ and yielded the floor to Mr.. Caswel
e Of Wisconsin. The bill was read a
: follows:
l. "Be II enacted. etc., That all funds o.
5 other properly iaielv belonging TO OF
an the pcs ession Of or claimed by tn.
l. corporation mentioned IN section IL o
o the act en- tiled An at 10 amend az
act entitled AN ACT 10 amend secsior
1852 OF the Revised Statutes of the
q United States, In reference TO oigamy
!: amt for other purposc-;' APPROVED
March y. ISL A.. before, or since The
taking ehec. CT said act, except 50 far
o as 1t shall appear in respect thereto
Y that there is a lawful private right to
the contrary, shall be devoted &c the
: use and benefit o. puplic common
E sehoo,- IN the Territory Of Utah; and
. the Secretary of the Inferior shall take
and receive the same and dispose
thereof TO the uses aforesaid in such
manner rs shall seem tn him, with the
. approval OF the President, % bs most
l eNpedient- And the supreme court vi
: said Territory is hereby invested with
( power aud au. horIty 10 make all nee
css4ry and proper orders and DEGREES
for the purpose hereinbeiore men
) toned
When MIR. Caswell took the floor,
Mr.. oI.esstated that an understand
Ing was had that this bill; should not
he discussed until Nh Caiberson
could present. minority report. Mr..
Casweli was very anxious to have the
matter disposed Of during the MORN
ing hourand dispute arose between
h:m ami Mr.. CnIberssn which re-
suits=i In atr. Casweli's taking the
tioor and making the following re-
MARKS which We take from the
Congressional Record OF December
laLh:
Mr.. Caswell. Mr. Speaker,
would like To Proceed with tile c. n
siueraiiOn VI this bill. Ii is
matter Of very great importance.
snd / desire the attention II the
House wh.ic i make statement.
shall be very b.ief, aud then will
yield sonic time 10 tae gentleman
irOm Texas AIR. Culbersonl If he
WISHES 10 be heard.
fhUse VINO are conversant with
the discussion in 1851 u tire Nor
niUn Uill known -s the ruck.r-tu-
nIdods al will Remember that by
,'ie act Of Congress Of 1852 ali
c9fpOrations within the Territory of
/ OLih were Restricted in the uw ner-
snip Of real property To the amount
Oi s0J,V0J. But notwithstanding
that restriction the Mormon Gnu cb
gathered into Its possession, ia lis
O"n name aud through the utter.
position OF trustees, large amouuts
oi property both Zeal aud personal.
by the act of lSST-the Tucker
Edn.unds bil!-the franchise was
abolished, and the property Of that
church, both real anu personal, was
placed IN the hands Of a receiver.
fnoeeedings were instituted in the
Territorial courts of Utah BY which
litigation has been had CONCERNING
this property. IL was all placed In
The HANDS OF a Receiver. The
church building itself has been set
apart Tor the occupation and enjoy-
inent OF the members of the Nor
mon Church. The litigation that
was Instituted found its way to the
supreme Court Of the United States,
and that court mas hell that the Law
Was constitutional, aud that the pro-
ceedlugs which have taken place
were proper anu legitimate.
The parties supposed To be inter.
e>tei a. trustees, AMI referred To a
lew minutes ago | suppose by the
gentleman from Pennsylvania mir.
Ndu&i were inierpleaded, setting up
tiieir rights To the property 10th real
and personal, and th-y were heard.
The court held that this property In
the hands OF trustees was really tn.
OF the church organization,
that It belonged TO the church and
came within the range of the con-
hscaiion and was properly in the !
hands oftne receiver. So that the
rights Of those parties hay. been
liugated ami npened into judy-
meuts.
But the bill provided that the '
proceeds of the real estate in excess }
II $4,000 should be placed i'm the
,ehooi fund Of the Territory of Utah,
or the purpose of educating &
children Of the Territory. both >
Mormon and Others. But the bill
applied only TO sales of real estate. U
lot 10 personal property. The law
'lacing the proceeds Of the real \
state IN the school fund ofthe Terri II
Dry has been sustained; hut in the
Meantime the receiver hplds nearly y
So5, 900 worth of Personal property;
ud the question now II, what
hOuid be done with this PERSONAL y
rOperty? Ii rests in the hands of III
he receiver; and everyone can see
he importance Of lis early dis.
usition. This money WAS gathered u
Alto the hands Of the Mormons in
III Of the Mormon Church and its
1rpose. which the court holds 10
ave been an Illegal purpose. OF
purse IL should be the otiec; of In. IL
Jurts and Of Congress, S, far a.
'Ssinie' 10 carry out the wishes Of
)nors when they are legitimate.
Mr.. Oates. l would like to ask
le gentleman a question at this ID.
'int. Is not the disposition of this lis
ind involved in n litigation now "a
,IdIng an appeal? That Is tn.
q. II am correctly informed. n
Mr.. Caswell. do not so under.
and it. / understand that ALI
I-sions as TO the ownership or 81.
le to this money have been al he
Heated and that the decision Of Su
{ court substantially is that IL i Or
art OF the funds that were confis- Fl
tel. r..
sr. Oates. Under the Edmunds. ev,
cker law. Tn
Mr.. Casweli. Under tn. Ed. be-,
inds- Tucker law the personal sta
'Periy has been placed in the lar
us Of a receiver without d.term- OH
ng what its future disposition cor
mid be. d..
1r. Oates. How can that be when cuu
{ law applied only to real estate. bar
this money Is the proceeds of tina
sonaltys wri
IL. Caswell. Well, such is the o
ision OF the court. 1 undenstsnd and
the a adjudication extends 10 He
'onai property rs well rs to the den
ny. an,
Ir. Oates. Has the gentleman Ed
decision at hand? nun
II. Caswell. l have not. Ii NAV Pre-
ound in the last volume VI the self
'rts; volume 1856. h,rs
r. Oates. Is not my friend assi.
re OF the fact that the Ed hall
IDS fucker bill did not apply to deco
fund, but applied only 10 real ever
com
r: Caswe!l. The court holds, as w-r,
d-rstaud, that the donation was che
N Illegal purPose, being for the cour
u-ion of the Norman Cbun,.b u...r,