Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-10
rltoriaI eovernment Of Utah undef

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conflict with the organic act Of said
I Territory, be aud the same are
hereby declared to be legal aud IN
full fOreeand virtue, and shall 50 re-
maiu until superseded by the action
Of the Legislative Assembly OF the
Territory Of Utah. This resolution
WAS approved October (. 1851. The
confirmation was repeated on the
18th OF January, 1855, 10y the act OF
the Legislative Assembly entitled
AN act in relation to the compila-
ton and revision Of the laws and res.
OlatiOns in force ia Utah Territory,
their publication and distribution
From the time Of these cOnhrmatsry
acts, therefore, the said corporation
had legal existence under its char
Ter. But it Is too plain for argument
that this charter, or enactment, wns
| subject 10 revocation and repeal by
| CorgIess whenever il should see III
10 exercise its power for that pur-
pose. Like any other act Of the ter
ritorial legislature, il WAS subject %
! this condition. Not only so, but the
| power OF Congress could he eXer-
cisel in modifying or limiting the
| powers and privileges granted 10y
such charter; for if II could repeal, il
could modify; the.greater includes
the less. Hence there can bc no
question that the act Of July /, 1862,
already reCited was a valid exercise
Of congressional power. Whatever
may be the effect or true cOnstTuc-
ton OF this act, We have 10 doubt
Of its validity. As far as il went il
was effective. II it did not absolute
~ repeal the charter OF the corpora
ton, it certainly took away all right
or power which may have been
claimed under IL to establish. protect,
or foster the practice Of pOlygamy,
under whatever disguise ii might lie
carried on: and il also limited the
amount Of property which might be-
acquired by the Church OF Jesus
Christ Of L3tter-day Saints; not III
terfering, however, with vested
rights in real estate existing at that
time. II the act Of July !, 1852, had
but partial effect, Congress had
still the power 10 make tire abrOga-
AANAA va ~ AaaAA IL aAA'NAAAAs aaAaaA ANNAAA=
plete. This was done 10y the Gct Of
1887. By the 18th section 81 that
act il l. expressly declared that
1.-THE acts Oi the Legislative As
sembly Of the Territory OF Utah. in
cooperating, continuing, or pFovii-
ing for the corporation known rs the
Church Of jesus Christ Of I.atter-day
Saints, aui the ordinance Of the 80
called General Assembly Of the
state Of Dyseret, incorporating the
said church, 81 far rs the same
may now have legal force aud
validity, are hereby disapprOved
and aunulIcd. and the said cOrpO-
ration, 50 lar rs it may now have
or pretend 90 have any legal exist
enCe, IL hereby dissOlvcd.' This
absolute annuImeut OF the laws
which gave t!lr said corporation n
legal existence has diSsiTated all
doubt Ola the subject, and the said
corporation has ceased 10 have aud
existence as a civil body, whether
FOR the purpose Of holding property
or Of doing any other corporate act.
IL was net necessary TO resort 10 the
condition imposed by the act Of
lo52. limiting the amount Of real
estate which any corporation or As
ISOLATION for religious or charitable
purposes vas authorized 10 acquire
Or hOliS although il j. apparent
from the findings Of the court that
this condition was violated by the
corporation before the passage Of the
act Of 1857. Congress, for good and
sufficient reasons Of its own, indie
pendent OF that Limitation. and Of
any violation Of il, had a full ami
perfect right 10 repeal its charter
and ahrogate its corporate existence.
which Ui COURSE depended upon it,
charter.
The next question is, whether
Congress or the court had the power
20 cause the property Of the said
corporation 10 Ice seized and taken
possession, a. was done in this case.
When business corporation, in
stitutgd FOR the purposes Of gain. or
private interest, Is dissolved. the
modern doctrine Is, that its proper
~, after payment OF its debts. eGuit-
ably belongs 20 its stockholders.
But this doctrine has never been
extended % public or charitable
corporations. As 10 these, tine an /
cient ami established rule prevails.
namely, that when 2 corporation is |
its personal property, like /
that Of man dying without heirs.
ceases 10 I've the subject OF private |
ownership, AMI becomes subject 10 |
the disposal Of the sovereign author |
ity; while lis real estate reverts or |
eschcJts 20 the grautOr or donor. I'M
less some other course Of devoiution /
has been directed by positive law. \
though sail sulJcCt,as we shall here |
after see, To- the charitable use. To |
this rule, the corporation in uues-
lion was undoubtedly subject. Hut
The grantpr Of all, or the PRINCIPAL
part, Of the real estate of the Church
II Jesus Christ Of Latter-day Saint,
was really the United States. from
whom the property was derived by
he church, or it, trustees. through
he operation Of the town site act.
Besides, as we have seen, the act Of
SCI expressly declared that al real
state acquired or held by any OF the
corporations or associations therein
mentioned (of which the Church OF
Iesus Christ Of Latter-day Saints
vas oncls contrary 10 the provisions
4 that act, should be forfeited and
sche3t to the United States, with a |
aving OF existing vested rights.
he act Prohibited the acquiring or
olding Of real estate of greater
alue than $4,000 in Territory.
nd no legal title had vested in any ,
I the lands in salt Lake City at
IA; time, as the town site act was
OF passed until March >, 1867.
here tan be no doubt, therefore,
nat the real estate Of the corporation 4
I question could not, on its dis,olu- !
on, revert or PASS into any other :
ersou or persons than the United | ,
t1tes.
IL il be urged that the real estate :
ID not stand IN the name Of the !
but in the name Of a
ustee or trustees, and therefore i
as not subject 10 the rules relating :
corporate property, the subject Of =
le difficulty still remains. IL can =
Dt Ice coutended that the prohibit !.
on Of The act OF 1862 could have :
ECU 50 easily evade,l n by putting q
.e property Of The corporation into :,
e hands Of trustees. Theequitable !,
trust estate was vested in the q
The trustee held il for =
other purpose; and the CORPORA a
IN being dissolved, that isIrpOse .,
rs at an end. The trust estate :,
.volved the United States in the a,
me manner as the legal estate :,
1uli have done hal il been in the =.
.nGs OF the corporation. The
istee became trustee for the d,
intel States instead Of trustee for 81
e corporation. We do not now :,
eak Of the religious and charitable -
Is for which the corporation, .,
rough its trustee, held and man /,
ed the property. That aspect Of Is
e subject is ore which places the ~
IytaF If the frugsaRraV,,as.f ..,,E =. Q a.. :