Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-22


forums, and had been already decided.
This decree might properly be read In
the light OF the opinion Of the court
although he presumed 1t bore evidence
In connection with the entire proceed.
ings IN the Supreme Court Of the
United States-that the court In some
degree at least, Ind changed it, views
~ expressed Ia some language used In
the opinion.
Counsel then went on 10 trace the
various phases Of this ease ainrr it, de.
termination by the supreme Court Of
the Territory In the fan or carly winter
Of 1850, embracing the snb.equeut de.
termination of the supreme Court "
the United States IN the following
May, when the opinion airerdy cited
before the Master In Chancery, affirm.
ing the judgment Of the Territorial
supreme Court, WIS delivered.
These matters went before the Su.
preme Court Of the United States,
which court not only took notice Of the
fact In regard 10 p0lygamous practices
aud teachlngs, but all the past and con.
temp0rau.Oua history Of the corpor.
alton. Tint history was briefly alluded
10 In the opinions Of Chief Justice
fANtf ~ AAhAlt hHi dhNtlNt ttiANAtNFhl
the Supreme Court " the United
Siaies, In which, perhaps, might be
found the reasons which moved the
legislative authority 10 take heroic
measures "a TO the winding up aud dis.
solution 81 this Church corporation.
Counsel read from the reported opinion
Of the supreme Court VI the United
states, delivered By Chief Justice
Bradley, IN which alleged defiance 30
the government by the Mormon" PEG.
pie was set forth, their attempt 10 e.
tablish an independent community,
aud TO drive thoreffom all those not
with them In communion aud symla.
thy, "contempt Of authority aud re-.
slstance OF the law" In the light Of
the history " the Mormon Church
and IL people. said Nit. Nsrinn, aud IN
i,s dealings with the government, II
was perfectly plain what the mandate
Of the court was. They were not deaf.
ing with the donation OF citizen by
way OF Request or dovlsc-it was not a
question ~ 10 whether they were the
eilcctuated intent. NJ near as might be-,
of some chnrilably disposed person who
had mistaken the use, or who had dtdi.
Gated or Attempted to dedicate his
property 10 some forbidden use, ~ 10
which Mr. Dickson read cases by the
hour yesterday. Neither was 1t the
ease u the dissolution Of business
corporation. but the dissolution u
d religious corporation, because
It's longer existence was contrary
not only 10 public policy but u
law. Aud the distinction was clearly
pointed out, II seemed to him Ia the
same opinion, from which he had
read, Of MIR. Justice Bradley.
In this instance there were no sue.
cessor-. Tho funds could not go 10 the
people who formed the late cOrpot.
alton, because that would practically
return the property TO the uses that
were complained Of. II must 20 10 the
purpose most nearly corresponding
with the Intent Of the donors. He did
not now cOntenl--it was not necessary
~ DO so-that any application OF this
fund should be made which was
foreign 10 the objec' and purposes for
which II was originally destined, cS.
cept In 20 far as that object or nuf.
pose might bo unlawful. Counsel
admitted that the cause Oi education
was charity within the scope of this
general statcrnuui;h did not deny that
II included the support OF the poor aud
the building aud repairing Of meeting
house; but Il had been insisted by tho
other side that the government was
endeavoring or attempting 10 secure
diversion Of this fund foreign 10 the
original intent Of the donors. The evil
dcnce ~ 10 intent here was 10 be gath.
cred from the finding In the light of
the history OF the Church, together
with the evidence ~ 10 how II was ap.
piled, aud the authority exercised over
Il by those having control. MIR Narian
argued that the scheme Of the govern.
mcnt counsel In this matter was
the most equitable one, and should
receive tue recommendations Of the
Master In preference 10 the others
already submitted. This, he went ON 10
declare, was simply an attempt on the
part Of the defendants TO get possession
~ this fund In the very teeth Of the cx-
pressed intent Of Congress aud In viola.
lion " the decree Of the Saptemo
court Of this Territory, ~ affirmed
10y ihe supreme Court OF the United
States
"What il the status Of this people now
(remafked Mr.. Variant ON the question
OF polygamy? II In cOnceded-i, II an
adludged faci--lt IN the Judgment OF the
people Of the time, that this tenet OF
the faith hns been n part Of its creed
for very many years. II has been a
dominating Onr. So attached
anu welded 10 Il have been
this people tina, for many years they
have been deiying tho government OF
the United States. Why? Because they
thought II was the commandment OF
God. 1T had been simply commanded TO
them by the laws Of their own making,
OF by statute, gwen by any human
being, who can doubt but that long ago
they would have bowel In submissive
reverence TO the law, and thus saved
all the misery, shame and humiliation
which have been entailed upon the
Territory and this people" II II because
Of that very fact that they had main
tanned themselves No long, and for
tinO successfully, against the public
sentiment not only OF the United States,
hut Of the civilized world. Nothing
could have sustained them aud
kept them togetlYer-tXcept the belief
that they were acting In accordance
with the Divine will" According 10
the testimony u the witnesses on the
defendants side, though the practice Of
pOlygRmy had ceased, the principle
was undying. Counsel referred partic.
ulnrly 10 the evidence OF President
Woodruff, which he said very clearly
showed that he issued his manifesto
simply on account Of the pressure Of
the law upon the people, causing his
heart sometimes almost 10 bleed. "They
are not oboying the law OF the land at
ali" SHOUTED Mr.. Narian, his voice
reaching an almost angry tonel, "but
the counsel Of the head Of the Church.