Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-12
CHURCH PROPERTY.
Able Argument Of Hon. James 0.
BfOadhead
BEFORE 4 HOUSE COMMITTEE.
Injustice Of The Edtnunds supple
mental Bill.
The Preparation of Charities
Clearly Explained.
BEFORE 4 HOUSE COMMITTEE.

! The committee having under con-
siGeratioR Senate bill 4OiT, entitled
IAN act supplemental to the act Of
Congress passed in March, 1857, en-
titled AN act 10 amend an act, Ell
titled "An act 10 amend section $50
Of the Revised Statutes Of the Unit
ed States, in reference to bigamy,
and for other purposes - approved
March -, lSS2,'' ihis day heard
argument Of Judge James o. Broad
head, Of 81. Louis.
Mr.. Br0adhead said: Mr.. Chair
man and gentlemen Of the commit
tee, by your leave and courtesy |
appear before you this morning o.
give some reasons why the bill
which | hold in my hand, which
passed the Senate, ought not to be-
come a law. / will read the bill as
il has only one section and rs do
not believe the committee has d. /
rected it, attention to il.
The bill is as follows
An ACT supplemental 10 the act Of Con |
Eress passed IN March, eighteen hun
bred and ciEhfy-seven. An act % |
amend An act entitled An act 10 amend |
49, -@e-saaaANa ssAAA AaaHg
two Of the Revised Statutes OF the Tuif- l
Cd states, N reference TO bigamy and |
for other purposes.' approved March /
tweniy-seeond, eighteen hundred Enl |
eighty Two"
lie Il enacted, DC, That anv aud an funds |
or other property lately belonging 20 or 10 4
the possession u or claimed bv the corpar-
alton mentioned N section seventeen Of the i
act entitled Al act - amend an act emit
Lel An act 70 amend section nfty three /
hundred and dtty-gWo Of the Revised Sta-
tutes Of the Intgei states, N reference 70 /
hlsGmy, and Tor other purp5ses,' approved /
March twenty second, eighteen hundred |
and eighty two" al before or since The I
taking e1Uct q said act. exceut 50 far a. II /
shall appear IN respect thereto that there y /
q lawful private rlglt 20 the contrary shAIl /
Z l'e devoted 10 the Use and benefit Of pub. 4
Z &c cpznlnuu schools N the lie rItorv % /
Utah. and the Secretary OF the Interior
rta4l take and receive the samc and dispose /
thereof % the uses Aforesaid In such man
ner a. shall seem 70 him, with the approval /
OF the frc-iGeu1. % be most eNpedient-
And the supreme C0art % said Terrrtorg l.
hereby invested wilh power and authority /
10 make ali Necessary and proper orders 1
and dcrress Tor the purpose hercInbeiore /
mentioned.
Believing it will lie necessary 10
give a brief history OF what took I
place before the Introduction Of this 1
bill into the Senate, / will state / /
was engaged as counsel in the case
which was argued and submitted
and decided 10y the Supreme Court
Of the United State, involving
some OF the questions 10 which /
shall direct your attention. But
will say this-that I DO not ask that
any action that may lie taken by
this committee snail cOuiTavene any
doctrine or any decision made by
the Supreme Court Of the United
states with reference 10 this matter.
but what / ask is strictly in ac-
COruance with the doctrine laid
down by Judge Bradley in his opin-
ion in that case.
In 1852 the Congress Of the Unit
Ell states passed the first anti-pOlys-
amy bill | have n COPY OF the
third section Of that act ia my brief
before the supreme Court. Thu
third section OF that act provided:
That Il shall not be lawful for any eorp5r-
atom OF ASSOCIATION foT religious or char
table purposes 10 acquire or hold real es-
tate m any Territory 81 the United >Ihtcs
during the existence Of the Terrif0rfal GOV.
crnmeut OF a .rei eT value tnan lffy thou
sand dollars, and all real estate acquired or I
held - any such corporation or association
contrary 20 the PROVISIONS % this act shall !
bc forfeited and esoheAt 70 the United
states Pr1rided. That existing vested ;
rights IN real estaIe shAll not be impaired
by the provisions Of this section. :
That Is the first statute Of mort
main ever passed 10y the Congress OF
the United states. | read that for
the purpose VI referring TO the pro-
visions Of the act Of 1857, under
which the proceedings were iHsti-
mted before the sHpreme court Of
the Territory OF Utah for the pur-
pose Of dissOlving the CORPORATION
called the Corporation Of the Church
OF Jesus Christ Of I.atter-day Saints.
which had been incorporated as
early rs 1850 and maintained it, cor
pOrate existence about thirty-five I
years OF more, and this act Durports -,
10 dissolve that corporation, and
that the supreme court Of the Terri
tory Of Utah shall take charge Of the ,
property belonging 10 the cOrpora-
non anu dispose Of il according TO /
law. Under that act proceedings
were instituted by the attorney
general and judgment finally rem
dered by the supreme court Of the
Territory Of Utah by which they e
decreed the personal property, which
Is now the matter in controversy
here, should escheat 10 the United
States. =
The decision Of the Supreme Court e
Of the Jnite1 States Oiftha question a
Overrileu the decision OF the Terri
tOrial court, taking the ground that
i was not a subject Of escheat: that c
the property did not escheat 10 the Z
government, but the property was
held Tor charitable uses, and it was a
devoted and given originally for r. b
igiOus anu charitable uses, and in [
ismuch as the religious uses 10 which j
art OF the property was devoted !
Sas for the spread OF the doctrines b
Il the Mormon Church, including {
he doctrine Of pOlygamy, that that ;
vas unlawful, but the Supreme
curt held 10 the doctrine Of cnarit- q
hle Uses, which i prevalent in this a.
Ountry and in England and every :,
shereelse where civilization has pf.,- o;
allied, that where property i Civ. p
n for charitable USES the charity ,,
ever dies, but the property remains a.
lie disposed Of according 10 the AZ
9jec;s for which il was gwen. III y
ny Of these objects are impossible VI
T Illegal, then there are two doe ~
tines which the court Of chancery 10
iill invoke; that l.. IL there is no -
Idication Of any other Use 70 which =
be charitable funds shall be Appro- ~
rated, then they invoke the doe "a
'lne VI approximation or the doc gu
Inc Of cyJDres-and perhays you =,
Re all familiar with (which saws or
he chancellor should sDpropriate n
he property 70 some charitable use
nearly approXimating the object al
the donor rs possible. tu
IL, however, there are several tn
larities embraced in the use, or Pl
Ither several Uses are embraced in sfi
he same charity, the charity never 10
les, and II several Of the uses of N
lie same charity are legal ami 9TH IL,
: Illegal, then the court Of chance
and the books are full Of 20
ithori;y upon that subject-the -,
Durt OF chancery will devote the -
md TO the legitimate use for which -
was given; II will destroy or ig- -,
1re the illegal use, but will devote -
Ie object Of the charity 10 the
gal uses. If the trustee dies, then IN,
.e State becomes the trustee, and NJ
ting through the chancellor, II ~
sPoses Of the fund according 10 -,
e intention Of the donor. rhe ~,
.ath OF the trustee, as YOU ali 81,
lOw, never defeats a charity: il i ~,
.rpetual, and il is the only thing a.,
hich Is perpetual. Charities are -,
rpetual because they are not de- ert
ted TO any particular indi- N .
dual, but they are devoted -,
the purposes which are for the use ~,
all individuals, either in the pub NJ,
community 10 which use is ~,