Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-29
FURTHER PARTICULARS ABOUT
THE CHURCH CASES.

Court was rendered, affirming tn,
judgment Of the Utah Courts in tn,
Church properly case, a petition
was fled aur reheaTiHg. But tn,
reasons offered and lie strong point.
presented 10y counsel Tor the Church
were not given to the public in the
press DISPATCHES announcing the
application. Through tie courtesy
of Hon. F. :. Richards we have
seen copy Of the petition and are
nov able to furnish our readers with
"a brief synor sis o. the text.
r.essrs. Mcdonald and Fay, Of
counsel for the Church, labored un-
der great disadvantage in not hay
ing 1t their disposal 4 printed copy
Of the opinion Of Ihe court. TWAS
only through the kindness Of Jus
tee. Brady, who delivered 1t, that
they were able 20 get at the main
paints Of the decision. He lent
them his oflicisI document, with
the stipulation that it should be re-
turned within five hours. In that
short time they examined II. and
their application was promptly filed
With the court. They submitted.
in substance, rs causes for the petl-
ton for = rehrariue:
Fir-t. II il should bc finally de-
termined that Congress possessed
the power TO dislncorporate the
Church, tie decree OF the court he.
Iowisuuau.horizei by the Act under
which it processes to have been
entered.
The act provides that on the dis
solution the Attorney General shall
take proper proceedings to wind W
the affairs Of the corporation. con
formally to law. But it does NOT
authorize the Utah Supreme Court
t. take Coguizauce uEauy suit aris.
inE cut nj The provisions Of the law
relating 10 The acquisition and hold
ing Of real estate by religious cor
pgra'ious. But Notwithstanding
this, aaG THO fcct that the findings
OF tie court showed that proceed |
in-s were pending in the district !
courts the supreme Court Of Utah |
a5il.-rd AMI Gegreed that all Of the |
zeal estate set ont in those findings |
had been acquired 10y the Church |
sl'srqaentiy 70 July ], 1852. and !
tn 4 nome OF said zeal estate, except |
the Temple Block. had ever beer |
u-ei Dr was necessary for purpos,, |
q ligiuu~ worship, etc. thus adj |
and drcreeing the very
questions involved in the suiis
pending in the district courts of the
Territory.
Scond. L is nowhere provided
law that the personal prcperty
Of the Church shall he forfeited anr
eschrated 10 the United States. YET
the Utah court Gecreed that the per
sonal property temporarily held by
the Receiver II d been escheated 70,
OF law.
That Congress did not intend T.
interfere with any other Church |
property than realty acquired IL
violation Of law, Is evident from tn,
provision in regard 20 the Perueiual
Emigration Fund. the property Of
which, after its dissolution, was 70
be applied to The support Of common
'rhuois in the Territory.
The ground Of this forfeiture.
tated by the court below, was that
here did not exist any natural per
on, body, Association OF corporation
esally entitled to any portion Of a
aid personality after the dissolution 7
i the Church corporation.
This is contraaicted 10y the courts d
wn findings Of fact, ami also Low I
hat part Of the decree which sets a
lart the.TemqIe Block to "the VOL 5
ntary religious worshipgers and
sect and body known ,,
: the Church Of Jesus Christ Of II
.atter-day Saints, = and confirms it :
the trustees OF said Church for il
lie benefit Of said voluntary relig. d
ms wcrshipcrs- Thus recognizing "
he right Of succgs>iono OF the Church st
the real estate held by the corpor- u
ion for It's use for purposes Of pub e'
worship, bat denying to the same
hurch any portion of its personal =
'opeTty, on the assumption that it -
As no right to such property as sue Is
.ssOr H. interest. a.
Thus the Church may hold and OF
aioy real property. on which to be
,rct houses Of worship and teach
.erein the teHe;s Of their Church. III
At cannot hold personal property. q
mated by its members, to he dis. ru
asej inaccordance with the same =
'ctrines and tenets taught in such n y.
,usesof worship. ~
Tie decree thus goes far beyond
e scope Of the act Of Congress AMI %
"a c0ni-catiou OF property on ac- "
INT Of religious belief. The de- wi
cree which vests The title Of hi, tn
'reFty in the United states would 81
thorize the seizure OF any property Of
osrguenuy acquired by the Ill
iurch. Je
Third. The opinion admits that
i Personal property has not been -,
.itiIed 10y ;c- Of Congress and N,
ATS that property as awaiting the 40
al disposition Of the court. and gr,
I dec ares it ''to be. the property
the United States" subject only an
the costs and exp, nses Of the co,
il. ~ ~
The decree recognizes that the ~.
-Poauon was but the trustee Of y,
z Church Of Jesus Christ Of Lat an,
'-nay Saints, but fails to recognize N,
principle that the dissolution of an,
Al corporation necessarily aud in
ally reinvested the Church with a~,
property held by that trustee. r..
The opinion affirming the decree sta
ms to be at variance with the de- bel
e itself. The learned Justice bre
= tina
The rights Of the Church members of
necessarily be taken into consider cir
on IN the final disposition Of the risl
e The property inp
n the custody Of the law awaiting -
Judgment Of the court m 10 its -