Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-05
THE TITHING OFFICE.
The Supreme Court Terminates the
Lease.
JUDGE ZANE OBJECTS TO ITS USE
Fer riTHiNe PURPOSES.
More Proceedings I'm the Ccpa-ea.
tion OF Church Property.

! Yesterday the Territorial Su
preme Court made an order terni
mating the leaseof the Gardo House
taken possession Of by the receive,
in the Church suits, for tho reason
that It was now possible to demape
and obtain = higher rental than tina.
which was being paid under the
lease for lis use by tls Church. To.
day there was another scene added
IN The great outrage Of confiscatsns
the property Of the 'Morniohs. ;, The
Supreme Court Reid brief session.
| at wh-ca 7. l.. Williams, who
I hSufes as the attorney Of Receiver
Dyer, asked the court to terminate
The lease Of the Tithing Office
grounds. for the reason that he
thought larger RENAL could be Oh
tanned.
The lease was understood, when
made, TO run till the suits were
finally adjudicated one way or the
other For this reason & w.ls made
to read for one year, or until other
wise ordered by the court. This
provision was TO meet the uncer-
/ alnty OF the time when the case
would be ended in the courts.
Today the court followed the de.
elsion Of yesterday, and terminated
the lease of the Tithing Office
grounds, and ordered that the re
ceiver advertise fnf bids for n new
lease fTort month TO month, for
the premises.
Judge Zane said he wanted a mo-
vision inserted in the order that THE
premises were not to lie used for
nthlng purposes.
This the other judges thought un-
necessary, and made the order with
out the provision. The order has
not yet been reduced to writing.
From this decision Of tire court
Judge Zane dissented, and flied tie
following opinions
In Tie S.tprenie Court Of Tie Terri
toryof Utah.
The United States Of America,
rialntiii, vs.. the Late Corporation.
me Church Of Jesus Chri.t Of Lat
ter-'iay Saints, ct al, defendants.
ZANE, G. i'll dissent from the |
order of the court allowing the rent |
ing .. ti:o Iithing Yard TO the high
est ciuuer, because the order does not !
forbid the leasing of the premises for
uthlDS purposes. The premises I
have been leased ever since Novcn.-
ner lS, lSs7, to Bishop W, i. Preston,
Bishop x. T. Burton and John r. |
Winter, These men are merely I
the agents, simply an artifice of the
Mormon Church, for obtaining the
use OF these premises for tithing pur-
poses. The Church is now and has
Jeen ever since Nov. 18th. 1857.
using these premises under the lease
made at that time by Mr.. Dyer, the
Receiver 10 these men nominally,
without the authority of this Court
50 far as am advised. The Church
has now been using this prop
erty for tithing purposes for many
years, and Will, | have no doubt,
obtain another lease under this
order. The Act of Congress depriv-
ing the Mormon Church of such Of
It's real estate rs was not used n
houses of worship, parsOnages and
burial grounds, was intended 10 de-
privU II Of the power TO that extent,
10 maintain, propagate and perpetu-
ate pOlySamy. The principal
source Of the pecuniary power
lf the Church has been and
now is the money and prop
srty obtained through tithing.
The Government of the Unite,i
States through the fundamentally :
# this Court or otherwise cannot :
Justify itself before the civilization
Il the age in taking property from
be Mormon Church because ii is l
Ising aud may use it 10 maintain 9
md perpetuate polygamy or any q
'theT unlawful anu immoral prac- {
ice. and then turn around and give
he same Church the use OF it for 7
he same purposes upon the pay {
nent Of 5000 per month or any other 2
am, however great. The Govern l
nent cannot becOme party 10 c
uch a transaction; it cannot
Il that way, or any other, a
the collection of tithing by I
he Mormon Church in return for ]
itiable revenue. The object Of the 4
government in taking any portion
I the Church's property from it a
vas not to obtain money for the 7
ieuetit Of the schools OF Utah, or to [
btain money for any other purpose. Z
40 such soriid and unworthy mo {
i've rs that actHated the lawmakers. e
The motive was to protect society 4
rom the evil effects OF polygamy, by o
tripping the Church Of the power Il
hat TO great extent main a
aimed and propOgated the immoral e
'ractice- There are some purposes a
Or which the Government of the n
United States, through a receiver or
tberwise, cannot rent property n
With any credit to itself, and among
hem are tithing purposes; especi- p
ily so when the purpose, as in this "
ase, is contrary to the sole reason Of "
he law under which the authority b
J obtained. And the court is h
authorized To assume from the fact
hat the Church has been using q
he tithing yards since November g
5th, 1857. under the lease to these I,
len as il had been for many years "
efore, aud from the statements OF Z
he receiver and his counsel, that il
mis- property will be leased again TO
Bishops Preston and Burton and Mr.. ,
Viader, and that through this sub Il
,rfuge it will continue TO be used
1r the purpose OF collecting tithing. II
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