The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-05-20
THE CHURCH SUITS.
The Supreme Court Affirms the
COnfiscatiOn.
FULLER, LAMAR AND FIELD DIssE
Holding that Congress has Power TO Suppress
Polygamy but not to Confscate the
Corporate Property.

WASHINGTON, May 19.-The supreme
court OF the United States to-day rendered
an opinion of vital interest to the Mormon
church in the suit of the Church of Jesus
Christ Of Latter-day Saints against the
United States, which comes here on appeal
from the decision of the supreme court OF
Utah In favor of the United States.
The case grows out of the Edmunds anti
polygamy law, which dissolved the Nor
mon church corporation and escheated to
tne United States the real estate owned by
the church. The Mormons entered suit IN
have the law declared unconstitutional on
the ground that Congress, by the dissoIu-
tlon, assumed judicial power; that the act
OF the legislative assembly of Utah in
cooperating the church constituted a con-
tract which could not be impaired by Com
gress under the authority to repeal terri
torlal enactments; that the doctrine of
eseheat was alien to the spirit of free in
sututonS. On the part of the United
States 1t was contended that Congress had
authority TO repeal all territorial enact
ments; that the act incorporating the
cnurch was invalid as an attempt to estab-
llsn religion contrary to the provisions of
the constitution; that the charter shouId
De annulled for abuse of granted rights. as
When cnurch corporation was dissolved
tnere was no one 20 whom to turn over the
property, it was properly escheated to the
United States.
In Its opinion the court says the distin-
gushing feature of Mormonism is well
known to be polygamy, and absolute eccIe-
siastical control of its church members
Notwithstanding all efforts to suppress the
oaroarous practice of polygamy, the sect
perseveres in defiance of law in propapat
lag and promoting this nefarious doctrine
The question, therefore, whether the pro-
motion OF such unlawful system, repug-
nant to our laws, is to be allowed to con
tlnue; and whether the enormous funds
Whlcn have been accumulated to be welded
Tor the propagation of the obnoxious prac-
tlce and for the promotion of organized re-
oelllon against the laws of the
United Statesl The history of
the governments dealings with
the Mormons is one of patience on
the part OF the American government and
resistance to law and pitiless atrocities or
tne part OF the Mormons. The contention
tnat polygamy is a part of the Mormons'
belief is a sophistical plea. No
DOUBT the Thugs of India imagined their
Dellef IN assassination was religious be-
lief, but that did not make it so. Society
has perfect right to prohibit offenses
against the enlightened belief of mankind.
After an elaborate historical review of
common law, the court says:
Congress had before it a contuuacious
welding resources of JIM
mense power in the territory of Utah and
employing those resources in constantly
attempting to oppose, subvert and thwart
the Legislation of Congress and the will of
the government of the United States.
Under such circumstances we have no
doubt of the right of Congress to do as
II did. The decree of the lower court ia
affirmed"
Jusqce Bradley delivered the opinion.
Chief Justice Fuller said he and Jnstices
Field aud Lamar were constrained to dis
sent Congress unquestionably has the
power to suppress polygamy, and it is i'm
material whether the crime was committed
the name of religion; but Congress has
lot the power to seize and cOnfiscate the
property of corporations because they NAV
lave been guilty of crime