Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-28
FURTHER CONFISCATION COM
MENTS.

IT Is gratifying To see that such
public journals in the United States
a. take the pains to examine the
coniiscatiOn scheme, by which the
'AI9rmou'' Church is to he robbed
Of It's property, perceive not only
the wrong that is sought to be
perPetrated, but the dangerous de-
Parture from constitutional principles
Sni restrictions which it involves.
In the Present temper OF the pub
Tic mind ii would be almost useless
to attempt TO show that the excuse
Offered FOR the proposed iniamy Is
without foundation. And yet il is
= fact that the pretext al vanced for
this Intended -poiiatioa is false.
The Mormon Church exercises
no such power aad mas no such in
tentions rs those alleged. And
there is nothing in is doctrine o.
discipline in any way antagonistie
% the United States or to free re-
publican Institutions.
But be this as it may, the court Of
Inst resort should b. above that in
ilGvnce which makes public pol
icy" the excuse for departures from
constitutional lines, and whic.
justifies infrlCtiOns IF the supreme
law because they are In accord with
widespread prejudice.
II the Church were really tn,
''contumacious organization" spoken
OF by the court, and If it had "em-
ployed these resources'' in the III.
rection alleged, it is likely that
''these resOurces'' would not have
been on hand as an object Of escheat |
and 4 Prey for plumber. And IT Is I
mot Unreasonable 10 believe. that if I
they had been used in ways that
might have been suggested, the
legislation which seeks to give the
Government power TO seize some
thing that does not aud cannot be-
long to it, would possibly have never
been fully Matched into life.
We take pleasure in reproducing
some additional comments. from
influential papers, on the decision
OF the Supreme Court touching this
matter. The annexed is from the
st. Louis Republic Of May aIst:
The Supreme Court, Judge Brad
Icy delivering the opinion, Justices
Fuller aud Lamar dissenting. sus-
tains Senator EImunds in his view
that the STATE may take by 'escheat,
he property OF a dissolved corpor-
atom This doctrine was opposed ]
and in TIE RErUHLIc's judcmen, I
thoroughly refuted by Senator Vest I
IN the debate ON the Edmunds bin.
'ui Judge Bradley adopts and OK
1andi it in an opinion that resembles
STAKE wagon speech in a Salt Lake
'ampaign Tor district constable more q
han il does a Supreme Court op.n- 4
on i
AS property 'eschea.ing' is confs-
ated 1y the state when there ara no d,
leirs or when its owners have re. g
yelled, Nr. Bradley makes his case +
N both grounds, and upholds the !
Of the Mormon Church :
property, on the claim that the cor !.
.ora'ion was rebellious, and that IL a
- no heirs. Neither point Is made a
irectly. Tho opinion i full Of in II
ERECTION from beginning TO end ex- u
epi IN the trumpery bravery Of its 4,
lrec.ncss IL asserting that Mormon n
IN and Morm0us are very wicked. Il.
How polyEamy iusddes robbery Ii.
o"here appears in the opinion. Is
7 hen eschoat, so-called, is con6sca- -
on, alternating properly from those !.
no have earned It and vestinC II in to
lose vino have not, whether in pri- vi
.te individuals or in tie association TIC
the same individuals in a govern IT
ent, there Is no real distinction be- -
'een such e~cheai and the eminent an
main exercised by Mr.. Robert OF
God, Of Sherwood Forest. over the M
urch corporations whose property The
'eScheated' on the ground that they vid
ere luxurious and immoral. 1t is ~.
ser'ed that polygyny was Il COM -,
on practice in such religious coz OF,
y auons, and there is no such differ rel
zee between polygyny and poIvgamv pul
10 make Mr. Bradley's view of Por
cAeai better than Mr.. Hoods. Tba -n'
lly question in either case WAS ~ ~,
neither those holding the property Ivr
legged to be an 'escheap had go 81,
Certainly the NIornons e,rrat TIA
eirs by working il out Of the dasar, No
rough innumerable hardships ana I'M
IN such self-sacrifices as have 7
'ver been exceeded in the bis,or, exc
the country. And It is inst A. ma.
parent that the rest Of the people Sre
in their collective cana ter.
the government Of the United pub
A'es have not earned it and there all
re have no right 20 it. 1t was their liEi
iht to dissolve the Mormon corpor- en- en-,