Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-19
THE CHURCH CASES.
PETITIONS PRESENTED.
One by Counsel Cor the Late Church
Corporation, and one From
Northern Utah.


The proceedings before Judge Louf-
borrow, rs examiner In chanccry, In
regard TO tue disposal Of certain funds
In the hands Of Receiver Lawrence be.
longiugtD the late corporation Of the
Church Of Jesus Christ of Latter.day
Saints commenced this morning Ia the
office Of Attorneys Richards n Moylc,
In the Constitution Building.
The United States Government was
represented by Attorneys G. 5. varian
and J. l.. Rawlins; Messrs. +. $.
Richards, w. II. Dickson, John A.
Marshal aud lie Gpnde Young are
counsel for the defendants.
IL was originally Intended that the
examination should bo conducted In
one OF the court rooms u the wasaich
building, but owing 10 these being oo.
cupled, an adjournment was taken to
the place abovo-named.
Among those present were pfesl.
dents MILFORD Woodruff, George O..
Cannon aud Joseph +. Smith, Apostles
snow aud Smith and Bishop John II.
Wlndor.
Attorney Vnrian opened by saying
that as ut present advised the govern
ment would present n scheme for the
application OF this fund to the district
schools Of the Territory generally.
They had been Informed generally by
counsel on the other side that they had
n scheme 10 present contemplating the
application u the fund 10 the relief of
the poor and distressed members Of the
Church OF Jesus Christ Of Lattcr.day
Saints and 10 the building and main.
tenAncc Of houses of worship for mem.
beers OF said Church. The view that
his side took OF the position which
the government occupied ut thl,
stage Of the proceedings was
this: The government was In
possession Of this fund, aud its duty
was 10 see that It was properly applied.
To that end anl for that purpose alone
they would feel called upon 10 present
a scheme for the consideration Of the
matter. But any claimants 10 the
fund, such A. the present Church
association, II seemed 10 them, should
be permitted 10 present thuir claim,
supported by such evidence ~ they
might deem advisable. aud that all
other application. should be- presented;
because they Were not there ut this
time for the purpose ofcnrrying through
any particular claim. One that was
/ lust and In accoriance with the Views
OF the Supreme Court Of thc United
States aud the doctrine Of charitable
uses was one that the government
ought to les aud must he satisfied with.
In other words, they lid not feel that
they were appearing there simply ~
counsel for private client, jealous aud
determined 10 carry out their project
at all hazards. Therefore II occurred
10 him that II was emlnently proper
that the claimants TO the FUND on behalf
VI alleged parties should present their
claims, which might or might not be
acceptable 10 the government counsel.
In that view, II Mc-srs. Richards aud
Dickson, a. representing tho Church
association, were ready TO proceed, he
thought they should be permitted to
introduce their testimony, and counsel
on the government side awaited the
developments Of all tho claims that
might be presented.
Mir. A. H. Haywood, OF Ogden, pre-.
scented the following petition;
In the supreme Court OF the Terri.
tory Of Utah.
The United States OF America, plain.
til, VI. The late Corporation Of the
Church OF Jesus Christ Of Latter-day
Saints, defendants.
To Hon. &. +. Loofbourow, master
Ia chancery.
The undersigned, your petitioners,
herein respectfully represent and show
TO your honor
First: Having Information that there
IL now In tho hands OF Henry W.
Lawrence, the receiver heretofore
appointed In the above en-.
titled cause, large sum Of
money which had formerly been col.
lrcted together by tho defendant, and
which IL now under the immediate
control OF the Supreme Court Of this
Territory, for distribution 10 some pur.
pose or purposes most nearly akin 10
the original use for which u was nc.
cumulated, aud with view 10 such
ascertainmrnt the whole matter ha.
been, by the said Supreme Court, r..
ferred 10 your honor IA u master IN
chanccry empowered TO take testimony
In due form of law, IA 10 what
disposition shall be made Of said fund,
and TO what us,s aud purposes the
same shall be- diverted aud applied.
Second. Your petitioner further
represents that of this moneys repro
sentlng the fund aforesaid about $780,
900 thereof was contributed by the fiv,
counties comprising the northern sub
division u the FIRST Judicial district; to-
wit, Weber, Cache, box Elder, Morgan
and Rich.
Wherefore, your petitioners pray thai
at least the sum Of 100000 Of said fund b,
decreed TO aud set apart to be used solely
for charitable purposes In said counties
under such conditions and under such
restrictions as NAV bo deemed expedl'
ent and proper In the premises, aud
your petitioners willeYer pray.
And We beg 10 suggest that the Su
preme court appoint a Board O
Charitlesn composed OF residents Of
said counties TO manage and disburst
this fund.
A. q. BisHOP,
4. n. Haywood,
II. 4. HEEREHMAN,
Counsel.
Signed: Fred j. lSlesel, y. $. Sohm
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