Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-20

within the Republic; consequently
cur point is made.
One OF the worst features Of the
reasoning Of the decision is that part
which indicates the necessity for
/ cschearment as inevitably following
I the disinc1rp9ration Of the Church.
tits held that, the corporation being
Dissolved there were no parties 20
, whom the property could be awarded,
/ consequently it must escheat to the
government This is one Of the
most inexOusablc violations Of
I equity ever expressed. It's basis has
not the merit Of truthfulness. The
agencies appointed 10y the donors Of
the property are still in existence,
AND Il could have been confded to
them, IL not fer use, at least for
distribution.
/ It susceptible Of proof that it was
customary ouse much Of the proper
IS Of the Church to feed the hungry
and clothe the nakci, and FOR other
beneficent purposes. When a gov
eminent descenGs, on false hy-
! Vythosis, to rob the poor and indis-
cut it goes down into the smallest
ls-siglc business in which it can
engage.
IL is claimed 10y the court that the
Church has been guilty OF an abuse
gfchsrtersi rights. 1t is presum-
abIs mat this IS intended as an ex-
cuse Tor cscheaUDg the Church
property to the government. We
deny that any such abuse has ex-
listed, and further contend that,
aside from that proposition, the
court was not called upon to
pass upon matters Of fact.
The controversy was purely
question Of law, that being, rs VIC
understand it, the basis Of the APP
peal This dragging in Of irreIev-
amt assertions is neither Just nor
dig uiiiej, and CONSTITUTES G bolster
consisting O.. a FELLOWSHIP with no
feathers.
The Court declares that the dis
tig"aisLlug features Of Mormon.
ism" are Talygamy aud absolute
e1cigsiasticai control Uverits church
m-u CTS. OFthe first il is sufficient
here 10 observe that the question he
!gse the CouI. was oneUf property 1
rights, not Of criminal practices; Of |
hu, ia. u.f.cls. The guilt or limo |
eeuceol q defendant charged with |
crime, was not properly an issue 4
before The Cur; the question to lie
determined was the right 70 own. /
POSSESS and control property. To |
Say th@t the Court had a right
20 take judicial notice Of The
iayt that polygamy was
doctrine and criminal practice OF
the ''NOrmors,v and that their
Church property might, therefore.
pe c0Hi.scated, is 10 say that the
court might also take judicial notice
Of TIE fcI that not more than two I
per cent Of the membership Of that
body ever engaged in that practice.
ana that Tor the gEcnse OF two. a
hundred may be punished. But
the proposition that the property Of
law-breakeis may he coufiscatei
without the trial and conviction.
Igau criminal charge, Of it, own
sss, is 20 sly lint cOniiscatiUn may
.g.l1v suspicion or accusation.
Tie Practice Of this doctrine by
he monarch u France was cne Of
He chief causes that led 10 the
.torming OF tae Rastiie and the
.a.gn uf terror which cost a million
ives. I'is anarchy in one Of the
rorst forms it could assume.
or tag absolute control under
; high tire members Of the s.Nror-
lga' Church are alleged to be held.
+. can be Elid and supported by
heir Unanimous voice, that thew
.aiL themselves TO he the freest and ,
lrst independent community on
a-th- Tho rule Of common consent
rgva!Is In 81 their affairs. They [
re controlled by their coHrletioss;
ot by theiroficeTs, but by theirc9a- ,
,Glcea The voluntary union Of a
ne mass is mistaken for dcspotic '
way exercised by its leading men. =
% show the absurdity Of this error .
.ade by the Court would not lie d
e
ltisamltter Of current history. !
statistics OF which, did the con- {
ection warrant, a court might tase a
.iicial Notice, that niuety-eight per :
mt Of the "1I1rn0ng people are ! h
w-abiIiUg, and have never vio- v
tei any statute Of the land. Have 81
ey not a right, then, to act with .
iity? Is harmony Of belief n
ID conduct among Church mem ii
= an ofsnseo Can it be urged rs 81
reason Why their property should 8.
taken from Them Grant, for y
samenrz sake, that the leaders Of n
church exercise absolute control, g
er its members, If the LATER live o.
thin the law, and choose to sub in
/ 10 ami sustain tie former. has n
e civil power the right to inter al
e? When the government begins % %
regulate the internal economy of M
hurch.'where VIII the end be: W
The Court says that the govern "a
mt hes been patient in its deal n
= with the 'sNIormous.' The IN
4 is that f1ryears the government vi
! impatiently suryei against the p
trlints Of the Constitution, until -
eagth it has burst them asunder. &c
an eager desire to abolish an un- SIC
lular church. The Court also w
: that the history Of the '.AIor- =,
us" is ons Of resistance to law OF
/ the commission OF pitiless atroc- an
s on their part. Such Language. ma
N such a source, upon such an o on
aston, is an outrage, not upon th,
Ii alone, but upon the dignity Of tri
Court ITSELF aud the dlspassion- sec
and impartial method which az. an
uld have prevailed in the final sir
ision Of one Of the most important ma
suits known to history. Nothing W.
ne record before the court called lar
lHrn = 3