The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-05-21
TIE CONFISCAfION.
Hon. E. S. Richards Says 1t Only
Applies to Personal Property.
MR. LEGRAND YOUNG'S VIEWS.
Full List of the Personal Property and the
Temple Block and Tithing House
- Interesting Views.

Interesting Views.
'eThe litigation grewAoalt of the act passed
bv Congress in 1862, acAended i'll 49, ana
the more important am er dment OF 1884,"
said LeGrand Young, who-ls Oh Ihe leaalng
counsel for the church.
'The main issue. in the, trial OF the
causes,n he said, twas the con oltlon OF TIE
act of Congress confscating u he properly
OF our church, and disiucorpol 'atlng Inc
church, and tue proposition to G eYoae our
property for purposes for which IL never
was given. 1t was decided in the uprene
court of the territory by bench IBt iualng
Judges Zane, Henderson and JUDD DC
tober, 1855, that the act was constitute 3hal,
but by this decree the temple block vas
released. II was then appealed to tbs
supreme court of the United States
which has affirmed that decision. How
far reaching this decision may be, am not
now able to state as l have not seen the
opinion of the court, but from what the
dispatches say presume it disposes OF the
question of the power of Congress to Tor
felt property belonging to a church organl-
cation Incorporated under the territorial
laws and acts of Congress-
Judge Sroadhead, Mr.. Butler, OF In
diana, and Senator Mcdonald were the
distinguished counsel that argued the case
for the church.
Hon. T. S. Richards was found in his Of
flee in the Hooper building, and
TO a HERALD reporter stated that
the decree made by the supreme
court of Utah ordered that all
the personal property be forfeited,
amounting in all to 100000 or S30G, 900. II
ole tod 1uf.
taken to forfeit the realty. including the
tithing house, the Gardo house, the histo-
rian office, the church farm aud interests
in coal land in Summit county. Those
pieces, however, were not forfeited by the
decree, but that actions were in the dis
trict court TO escheat these. The decree
settles the personal property, but not as to
the realty. 1t may be adverse to the right
of the church to hold property, but did not
pretend to escheat the realty. The ques-
ton will come up for the escheat
ing of each separate piece. We
claimed the Gardo house as a
parsonage bit the court here refused. We
claimed the tithing house as vested prop
erty, prior to the act of 1862. The church
held this property in 1S4S, but their conten-
tention was that it was government prop
erty until 1869. 1t seems the government
decided against US ON this point. The whole
question of the real properly will have to
be settled in the district court ia the pro-
ceedings to escheat. The Gardo house
came from Brigham Young's estate and
part of the theatre may have came from
the same source.
THE PERSONAL PROPERTY.
At the time the said act of Congress of Feb
ruary 10, 1887. took effect, said corporation
owned, held and possessed the following de
Scr1bed personal property, to wit: One large
safe, one medium sized iron safe, twenty-five
arm chairs eleven rotary chairs, ten uphol-
stored chairs two desks one letter press. sU
shares of 500 each of the capital stock of the
Salt Lake Gas company, 4, 732 shares of Sl0
each of the capital stock of the Deseret Tele
graph company. one promSsory note dated
March 2, 1887 due and payable to John Taylor
trustee In trust, or order, two years after date
calling for the sum of si3 Ss3 81 bearing interes
from date, signed by Sharp and Little; one pro
HiSsory note, dated March =, 1887, due and pay
able to John Taylor, trustee in trust. or order
two years after date. and calling for 81, 666. Sc
wlth per cent. interest from date, signed b.
LIE Grand Young; one promiSSory note dates
March 2, 1887, payable to the order OF John Tay
Tor, trustee in trust. two years from date call
ing for 81 S33. 33. with interest at per cent
from date. signed James Jack; one promiSSor,
note. s5ogl, with per cent interest, signed II
b. CIawSon; 80, l5S sheep; S237. Is money pre-
ceeds of sales of miscellaneous property. Tha
since said personal property came into the pos
session of the receiver heretofore appointed i
this cause he has collected as rent from tn
said real estate, So $50: as dividends on said ga
stock, 81 goo; as interest said money 81 2336 81
HISTORY OF THE TEMPLE BLOCK.
The Temple block was taken possession of b
the agents ofthe Church Of Jesus Christ of Lat
ter-day Saints, then existing as voluntar
unincorporated religious sect when Salt LAX
city was first laid out and surveyed in lS4S, an
since said date has been in the possession C
said church as a voluntary religious sect, unit
IL became Incorporated as Aforesaid, and the
as a corporation; that at the time the same wa
taken possession of as aforeSa aid, IL was a par
OF the public domain, and continued to be sue
4 1.,,,
city, along with ether lands, on the 2ist day c
November, 1871. under the TOWNSHIP act OF Con
greSS entitled An act for the relief Of cities an
towns upon the public lands, approved Marc
= 1861 That on the LIST day of june 1872 tn
same was conveyed by the mayor of said Sal
Lake city TO the trustees trust, in whom tn
title remained until the act Of Congress of Eel
ruary 49, 1887, took eject.
HISTORIANS OFFICE
The historians office and grounds were take
possession Of by Albert P. lockwood in lsi
and was a part of the public domain, and col
Tinued 20 be such until November 81, 1871 whe
the TOWNSHIP of Salt Lake city was enteret
That on October 3, 1855, the Church of jest
Christ of Latter-day Saints, through Brigham
Young as trustee-in-tr1st, purchased Roc
woods claims and erected thereon the buildir
which has ever since been known as the hiSto
ian's Office and residence; that from lSsS till h
death George a. Smith was historian and live
in said building with his family; that the book
papers and records of the church have alwal
been kept IN said building from the time of i
construction TO the present, at the cost of sa
church: and that said office has been and
necessary for the use Of said historian in the di
charge of his duties; that in 1872. George !
Smith obtained the title of said premises fro
sne mayor of Salt Lake city under the townsi
act: and that after mis- death the same was CO
veyed TO his wife and one of his daughters WI
afterwards transferred the same 10 Theodo
Mexican for a valuable consideration; that Il
said Mexican has neld the property since tt
date on secret trust for the use and benefit
said corporation.
TTTHING OFFICE GROUNDS.
The part Of the tithing office and grounds we
taken possession Of by agents of the church
lS4s. when Salt Lake was first laid out. ana ev
since that time have been used by said sect
receiving and distributing titing and volunta
contributions of property; that prior to July
1St52 buildings and other Improvements of &C
siderable value had been built thereon by I
church that at the time they were taken pr
session Ct il was part Of the public domain
the est Of November, 1871, said land was
tered under the townsite act. That Brigha
Young. then president and ruStee-in-trust
the church, claimed said land under the tow
site Law. and it was conveyed 10 him by Dan
H Wells. then mayor Of said city; that in
vember. 1873, Brigham Young transferred I
same to George A. Smith, as trusteein-tru.
that at his death the legal title to said premis
vested in Brigham Young and his successor. a
the executors of the Brigham Young ests
transferred the property 10 John Taylor, who
April, 1879. transferred and conveyed the san
10 Edward Hunter upon secret trust for I
use and benefit Of said corporation; that Hit
ter on the 24th day of April 1873 transfer
and conveyed the same to Robert t. Burton
n secret trust. for said corporation and on I
2d day of July, 1887 the said Burton attempt
TO convey the same to W. b. Preston. John
Winder and Robert T. Burton, as trustees.