Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-12
TEEEIroET o. Ur,H,

TERRITORY OF Ur,u.
County % salt Ilsr. ss.
I Personally appeared before me. th. ru.
| dcr-lEucd, 4 notary public su and fH= ne
I county q salt Lake, t-iah Territsrr. rsr-,-
! Jark, chief clerk for the FIRST Presidency ~
I the CEurch 90 Jesus Christ % Latter ii1r
| saints. and beng by me n-st duIv sa-Hrr.
I drpo-cs and >ays The furt-1inE sGHfr'
I meuf % disbursements % fund for the
J year $50 Q" The several acr0uuIs therein
I named BY the CEurrh % Jr-l- Dhrl-f Ia
Latter day saints D. true and rurrrrt. a,
shown 5y the books IN IlF possession.
JAwE- JACK.
tl.sf clerk
eighth day Of July, 4. T.. Iss1.
SEAL L. Morn IvEusEv.
Notary i'Esfl-.
Mr.. Rosers-Then under that state.
ment all things are declared Illegal
excep; disbursements for pgo- white,
and Indians?
Mr.. Broadhead-No.S iT.
Mr.. Rogers - WOuM not the
churches, temples, anu what are
the others
Mr. BrOadhsad-T will read the
act and show the basis uf tie ,ui,
brought 10y the Government Of the
United States; Il is found in sections
II, Il, and - Of the act u March =
lss7, which | have printed i'm tbt.
brief | had before the Surrrme
Court and which viii explain II.
Section IL Is as follows:
That Il shall be the duty Of the ATTORNEY
General % the UnItsd >:aics o. institute
and prosecute proceedings % faIfcft ana
escfeaf tpthe United states the mo. erfy of
corporations oGtaInci or held Ia ..BTsisnn
o. section three - the act - Congress ap.
proved the nrsi DAY o; July. eighteen hua.
dred ard siAiy two, entitled 'sAn zrt 10
punish and Prevent tho practice o. u1IyE
amy N the Territories 81 the Tnitr,f state
and other places, and disanpruvrre and an
nuliing certain ariS Of she Legislature a..
tcmulg OF the Territory % Utah. or tn
violation % ssrtiau eighteen Essnlirf.i s-,.i I
ninety 81 tnc EHTl-rd >tIsuf-- .f ~
tnited stAtes, ana ali such property 30 I
ioFielted and eschcatcd 20 the United
NaAtc@ shall be disposed OF i4r the -fF--.. ]
tsry OF tie lnterior-and the pro-er..- fHsr. ]
OF applied 10 the u-e and benefit ~ ffr I
common schools m the Territory ru -rrs-5 ]
slca property nay be Pr1riEsl. Thal no 1
building, or the Eruuud ap8-rT.rIr5l1 |
thereto. which u held and ocrrpiei ,.,.if
sively Tor purposes O. tie WJr.hip 0f COD /
or parsonage connected thcruurzrlr y1- f.r1rf5i i
sruuRd -hall be forfeited.
Now, that refers to real estate
alone and il provides FOR TIE forfeit
ture Of real estate for any violation Of
the provisions Of the act OF ISss
froceedings have already been in
siitu;ed before the Territorial courts
10 forfeit that real estate on the
ground they held more than authoI-
lied under that act Of lS62.
Now, | want TO call your atten-
ton 70 the distinction between per-
,ohal anu real property in this Jar
leulAr case. IL there j. forfeiture.
d course the property belongs 10 the
government; all forfeited property
goes TO the government; but II Their.
: charitable Use and part OF Il Is
Illegal and part legal, the property,
whether IL be legal or Illegal does
not 90 TO the government except rs
.rlstee- The government then holds
he property As trustee for the
use. which l. legal: IL l.
not forfeited. Its perfectly legitim-
ate for the Congress Of the United
states 10 decide that when this urUu- |
.rty was forfeited 10 the government
{ should lie used for common school
purposes, because II i then forfeited !
lroPerty; but this property had
never bt-en forfeited at all. They
declared simply in this decision part
y the uses are Illegal, but the other
charitable Uses are not touched be-
'aHse the facts were not before the
'ourt at that time.
The next section, section L., is as
oll0ws:
Ihaf the acts Of the legislative asseuhiv .
q the Territory 81 Utah inr0rporafinE
onunuin-, or providing for the CORPORA. !
lon kn-wn as the Church OF Jesus Christ
I LAtter day Saints. ami the ordnance of !
ne s0-caiie1 genefai assembly Of the state
I Dcseret Incorporating the Church OF I I
esus Christ OF Latier-czy saints, 90 fara a. 3
ae same may row have legAl force and
Alioity, are hereby disApproved and an
nlleo, aud the said corporation, IN 20 Tar :