Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-09-14
THE SUPREME COURT MEETS
Quite a Number Of Opinions Delivered
by the Judges.
wE CHURCH CASES CONE UP.
4 Great Deal OF Iinsiness l. Disposed
Of In a short Time.

There was brief session or the Ter.
ritorial supreme Court on Saturday
afternoon, all the judges being present,
namely, Chief Justice Zane, Associate
Justices Anderson. Blackburn and
Miner The following business was
don't:
TlIE CuuRcIf CASES.
United States District Attorney Var.
ian filed the following motion;
The United States of America. plaintiff.
W. the late Corporation Of the Church 1T
/ Jesus Christ " iAiterduy Saints ct al,
defendants.
The United s,aios of America, com.
/ plainant herein, hy it, Attorney. General
aud District Attorney tor Utah Territory.
makes suggestions to the court ~ follows.
That The said United states has com.
/ mcnUcd certain Hciiousnf law ii tho Third
/ District Court NJ the Territory ~ Uiah
| against certain real property aud corttiu
I individuals making claim thereto, ~
eschUal aud furicit the said real property
/ to tho United states In accordance with
I tho provisions oi section I B NJ the Act u
/ Congress OF date March Q, tss1, entitled,
AN act TO amend un art ontit1i an act
/ to amend section lii2 n tho Revised
/ Statutes " tho United States In refer.
pnco 10 bii.amN and lur other purpose. ~
/ which said ncliuus are now Tending IN
/ said court and yet undetermined.
That tho Receiver, Henry W lhwrouce,
/ Esq., appointed by tie court hero in Ibis
/ sui il In the actual possession uf all aud
/ singular said rual properly aud holding
/ the same IN await tho u t0rminHiiOn NJ
said actions at law Ia sail Third District
court and the further order If the cDutt
hero In the promises.
That the said fuil pruporiv u not. 10
| the complainant herein IL tlylsui subject
to taxation by the Territory of unh or
any municipality therein.
That, nevertheless, tho same has been
assessed Tor Territorial. county. munici-
pal aud school take. Tor tho current year
aud nov stands ustonslhly charged With
the payment 90 taxes thereon, which tho
said receiver has been requested aud in
required 20 pay by tho Territorial, munl.
ciIll and school HuthorItlUs; tia the aid
receiver a. plaintiff IN advised. lu.Unls
paying said ttNos and charging tho same
against said realty.
And the said United states represents
10 the Cpurt that the said real property,
nor any part thOrorcoi. IL NOT subject 10
any taxation whatever In the promises,
aud that the said receiver D. not author
/ lfud 20 pay sHld, or uny taxes therefor,
and therefore objects go the payment hy
tho said receiver ct any moneys tor taxes.
as Aforesaid, ~ DO charged against such
real property or any pari thereof
That tho real property Reformed iu Is
particularly described IA tho sUNunh lc.
crufs made by tho rDurt aud petitions
uud reports iiloi hornin by the sall re-
coiyer nud his predecessors and IA guuer.
ally known nnd designated ~ these urD-
coodings ~ tue Church Farm, tho 1'ith.
Ing Yard, Historians oilico aud Gnfi1
House, all situate In the county VI Salt
Lake.
Wherefore. said United Statos paws
the consideration NJ tile court lac 70 To- the
promises, and that tho said receiver b.,
directed to make no payment nor charge
against said r'al properly or any p,ri
thereof, on account NJ the taxes Aforesaid.
CuAnirs =. NAHiAN,
District Attorney i1r Utah.
W. n. ~. Mu.tEu,
Attorney
sJME suuuEsIiDNs.
The United States Of America. com.
plalnant herein, 10y it, Attorney.
General ami United States attorney
TOT Utah Territory, mates suggestions
10 the court ~ follows
That there is large amount NJ person.
ri properly, consisting principally Of
money, now Ia tho posses lion ~ tho ~.
cclvgr hrroln, which has bocn ASSESSED
Tor Territorial, county, municipal aud
school taxes Ia this Territory fprthe our.
rcnt year aud tho said mnd In the hand,
Of the siii receiver now stands ustonslbly
charged with the uaymont Of said taxes
aud the said receiver, a. the complainant
u advised, intends 10 pay the same from
the moneys Aforesaid In his possession.
And the said United States represents
10 the court that tho said personality aud
moneys N now the property 81 tho
United States, To be- devoted 10 certain
charitable uses hereinafter 10 be- appoint.
ell under tho direction Of this cour,, and
II not subject 20 any taxation, and the
said receiver ~ not authorized 20 pay any
taxes therCfoT,and Therefore objects 10 the
payment by tho SAID receiver OF any
moneys Tor thXe. ~ aforesaid,
Mhoroiuro,ihu said United Staios praya
the consideration ofthe court hore In the
promises, aud that tho said receiver bo
directed TO make no payment or charge
against said moneys, or any part thereof
on account ~ said taxes Aforesaid.
STATEMENT nv TIiE RECEIVER.
A statement by ltrcelyer H.W. Law.
renee was also filed. He asks the
court 10 direct him on the following
points:
Fint-whoiher he should pay any
county, Territory or municipal taxes
leyitd or assessed On the real estate 80
hold by him out Of the income Of said
real estate.
Second Whether he should pay any
special assessments for Improvements,
such ~ sidewalks. paving streets, etc,
assessed on said real estate within tho
limits Of Salt Lake city out Of the income
thereof
Third-whoihor he SHOULD pay any
taxes attempted 10 be- assessed on tho
pois1nh property W held by him ~ re-.
cclNuI
"And said receiver reports 10 tho conrt
that heretofore, both uniior his admins
tratlon ~ receiver aud under that of
Frank III. Dyer, formerly receiver, taxes
have boon levied aud assessed on said
real estate, az well as special assessments
laid thereon, aud that said receiver and
his predecessors have paid the same. but
that the undersigned In. always refused
to pny any taxes attempted 10 bo assessed
on the personal property 10 In his hands,
except on herds OF sheep sold, claiming
that the Same belonged IN tho United
States; but that the city Council OF Salt
Lake city are now threatening To assess
the samO.r
Judge Marshall, by whom the fore.
going was submitted on behalf Of tho
receiver, requested that the queslion at
issue be decided before October lst,