The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-08
THE CHURCH CASES
The Escheat Proceedings Com
menced Before Judge Zane.
PETITIONS In INTERVENTION
fter a Long Discussion Thew are Al
lowed to be Filed-Ihe Hearing
at Last Begun.

dU basG Begun.
The hearing in the escheat cases of the
United States VS.. the late corporation, the
Church of Jesus Christ of Latter-day
Saints, involving the tithing grounds
Gardc house, historians Office and church
farm, commenced before Judge Zane yes
terday, MIR. Varian, J. L. Marshall and J.
Rawllns appearing for the government
and w. Il. Dickson, T. S. Richards and
LeGrand Young appearing for the church
MIR. Richards opened the proceedings by
filing petition, similar to the following
which relates to the tithing grounds. in
each case:
Now come James p. Freeze aud SpeD-
Ger Clawson and file this petition in inter
vention on behalf of themselves and ali
others who are members of the Church of
Jesus Christ Of Latter day Saints, and for
theiJ grounds of intervention allege:
That the members of said church are
more than two hundred thousand in mum.
Der, and so numerous that they cannot.
without Inconvenience and oppressive
delays in said action, be brought before the
court; that all of said parties have an inter
est in common with said interyenors in the
subject of this petition and the questions
involved In this action; wherefore said in
tervenors file this petition for the benefit of
all its members.
That these intervenors and the mem hers
of said church are equitaoly the owners of
the property hereinafter described. and
that the legal title is now held by the de-
PENDANTS, William IS. Preston, Robert It
Burton and John r. Winder. as trustees
for the voluntary religious association
known as the church of Jesus Christ of
Ards in
and charitable purposes; that the SAID
church is, and has been ever since the Sd
day OF March, 1887, a voluntary association
for religious and charitable uses and pur
poses, and has the right to own and hold
such property, through trustees, to be used
Tor such purposes; that the said defendants
were In possession Of said property at tn q
time it was seized by the United States
marshal pursuant to the information pro
ceedlngs had herein, said property being a
part OF what is known as the tithing Office
and grounds.
That at the time of the enactment of the
law of Congress of July l, 1862. and long
prior thereto the said church as a religious
association held, possessed and occupied
the above described real estate and had a
vested right TO and interest in the same
and 1t ever since has had and still has such
vested right to and interest in said prom
erty.
After reciting the facts upon which such
vested right and the defendants claim to
said property are founded, the petition
SAYS Sometime in the year 1856 the
church took possession Of the south nalf of
lots and e, block IS, plat A, of Salt Lake
city survey, and placed valuable improve
ments thereon and have continued to oo-
cupy the same with said improvements
down to the present time; said lots were
portion OF the towhsite entry made by
4ho mo Of al Oh 40,
pursuant TO the said act of Congress of
March 2, 1887.
The said church by its trustee, Brigham
Young, duly filed claim in the probate
court of Salt Lake county, Utah Territory
under the TOWNSHIP act of the legislative
assembly of Utah, approved February IL
1869, for the south half OF said lots and &
and the said court duly adjudicated ali
such premises to Brigham Young, who was
then trustee in trust for the church and
took and held the same under such deed for
its benefit.
At the time the act of Congress of March
8, 1887, took effect, the legal title was held
by Robert 7. Burton, in trust and for tha
use and benefit of the said church; and ON
the I'd day of July, 1887, said Robert r.
Burton conveyed the Same 10 William Il
Preston, John Z. Winder and himself. as
trustees.
Intervenors allege THAT no part of the
property was ever acquired or held in viola
ton Of the provisions of any law of the
United States, but all of it was ACQUIRED
for the religious and charitable uses of the
church, and the purchase price thereof and
the cost of the improvements were paid
from voluntary contributions made to the
church, from time to time, by the members
thereof, to be held, managed and applied bv
the church through its officers and trustees
chosen and elected by the members to re-
-
in which the church and its members were
interested; that the properly and the
whole thereof was at all times prior TO the
time when it was seized and taken possess
sion of by said receiver held, used and ap-
piled by the church, through its officers
and trustees, to such religious and charit-
able uses and purposes, and not otherwise:
and at no time was the same or any part
thereof used or applied TO establish. main
tain, aid, support or encourage the practice
OF polygamy or plural marriage, or TO any
otner unlawful use or purpose. And that
said property was not worth more than
$4,000 on the lst day of July. 1862
The lntervepors further say that the
plalntlifs ought not to be permitted to
prosecute this action, because all proceed
ings TO forfeit or escheat such property or
any nart thereof, are barred by section
lo41 OF the revised statutes of the United
States, and the action did not, nor did the
alleged cause of forfeiture mentioned in
the complaint accrue, within five years be-
fore the commencement of these proceed
ings or the filing of said complaint. or
within five years prior to said dissolution
of said corporation.
Plaintiffs have the right to forfeit or
escheat the property Tor the reason that
the Church corporation, by its officers and
agents, were in the possession and occu-
pancy OF all the premises and property