Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-05-14
FURTHER REVIEW or THE ACT OF
CONFIsCATION.


CONfIsCATI0N.
THIS United States Supreme Court In
IL decision OF June, 1890, On tho con-
flscation Of Mormon" Church proper
~, said that our Institutions were de-
rived from England. This assertion
the american Sentiaei vigorously con.
trovcrts, and holds TINT our institutions
are as far As possible the opposite Of
those OF England and were intended
to bc 70 when they wore established.
"rhe Supreme Court ITSELF" says the
Sentinel, "is an institution which 10
far from having been derived from any
OF the Institutions Of England or any
other European nation, was n new
creation entirely. The very form Of
government, that Is, the distribution Of
.t power into legislative, executive
and judicial, was also new creation"
bancroft says:
"The tripariitc division Of government
into legislative, executive aud judicial.
cnforcvd In theory by tho illus,rious
Monicspulcu, and prnc,lcod In tho home
government u every one II the Amcri-
can States, became part Of the Con-
stitutlon Of tho United States, which
derived thcir mode OF institu ting II from
their own happy experience. II was
established by the Federal convention
with rigid consistency that went beyond
tho example Of Britain whore one branch
Of the Legislature still remains court Of
appeal Each ono VI ths three depart
menis proceeded from tho pc oplo."
The Supreme Court said.
"rhe manner In which the due admin
lslntion and application Of charitable
estates Il secured, depends upon tho Judi
cial Institution and na,hincry u tho
particular government TO which they arc
subject"
whercupon the Sentinel asks;
"why then should tho cour, find II
necessary to 20 TO the Judicial institutions
and machinery 81 tho governments Of
Europe. and even to tina, OF Rome which
has been dead moro than 1909 yoarSY"
This court further said:
"In England. tho Court Of Chancory IL
tho ordinary tribunal To which this class
u casesis delegated, aud there arc COM
psn,iycly Tow which It Is not competent
TO administer. Thorcnro
some eases, however. which are beyond
liz Jurisdiction; ne whore, by statute. a
gin to certain uses Is declared void, aud
tho properly goes TO tho king.
In such case tho king as . aros pdfrig
parent Of the country or fathor Of tho
people,, under his sign manual, disposcs
OF tho fund 10 such uses, ana logous to
those intended, NJ seems 10 him OK podl-
ent and wisc."
In reply 10 this the Sontiaei very
tersely observes that tho people are the
parent Of the government In this coun.
try. II says
Therefore, as thoro IL In this Govern.
mont. neither king nor pdros paiug to
which the property In this case might 10,
II follows logically from tho previous
statement o. the Court Chat tho admins.
tratIon and application OF the estate
involved, depends upon tho judicial
Institution aud machinery Of tho par.
uuular government 10 which they arc
suhlcc,), tina, the decision Of tho terri
torlai court should have been reversed
aud the money involved restored to the
individuals TO whom II belonged. such
IL the logic OF tho case, according
TO tho principles and institutions
Of tho Government Of tho United States.
hut this logic was not followed. Instead
oft, tho court proceeded 10 create and
establish sovereign power. and oloihc
II with the .oilloo OF the parent Of tho
country and the father of tho people,
The Court said,
at may then be eontendod that, In this
country, there Is no royal person to act as
parons Pai'it, aud 10 give direction for
tho application Of char tiles which cannot
10 administered by the court. II IL true
We have no such chief magistrate. hut
hero the Legislature is the pardlS patrir,
and unless restrained by constitutional
Limitations, tho Legislature posses all tho
powers In this reg ard which tho soyor-
cign possesses In England."i
But the Sentinel very pertinently
states In reply:
"rhls at once creates q sovereign powor
and clothes It with patornal authority.
Aud II this doctrine shall DO maintained,
No that II become. principle OF American
law, and shall become established M a
principle OF government hero, thon the
revolution bac kwards Is complete, gov
eminent of the people il gone; and that of
q sovereign parent OF the people Is put In
lis place. Then the doctrine Of tho De-
claratlon OF Indcpond once and Of the
Constitution OF the United 81 ates Is sub
Voriod and the doctrine Of severe ignty,
absoluilsn and patornallsin,i IL established
In it, stead. Then also Bancroft's history
In the place above cited. viii need to b.
revised so that 1t shah read rs follows;
is Il asked who Is tho sovereign OF the
United States7 The Legislature Is soyo.
roign aud the people ARE subjects"
WEEKLY FINANCIAL REVIEW.
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