The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-08

PLIcr W anu since the nrst day OF July,
1862, the date of the passage of the act of
congress entitled, IAN act to punish and
prevent the practice OF polygamy in the
territories of the United States and other
places, and disappearing and annulling
certain acts of the legislative assembly OF
the territory of Utah." approved July l.
IS02. Petitioners pray that it be decreed
that the property belongs to the Church OF
Jesus Christ of Latter day Saints and that
the members thereof be authorized to ap-
point trustee or trustees to hold, manage
and apply the property to the purposes for
which 1t was orig nally given; and that the
United States marshal deliver the posses
sion OF sale property, together with its
proceeds and income in his hands, to said
trustee or trustees as may be name6 and
appointed at general conference of the
members of the church.
The two other petitions differ from the
foregoing only in regard to the ACQUISITION
and use of the property.
vARIAN OBJECTS.
AT the conclusion of the reading, Mr.
Narian objected to the petitions being filed
The actions were all brought originally in
the form of a general information filed
against the property described, by the at
torney general The practice assumed by
the officers OF the government had been
affirmed by this court previously and twice
decided. That information was general
one and gave notice to all persons claiming
any interest IN the special parcels of realty
10 attend before this court On day speci-
fed. then and there to set up claims thew
might have to the title. The possession was
already IN the supreme court, through
It's receiver. These were actions at
law, having for their object the
forfeiture or escheating of the title or fee
to the United States, to be devoted to Ger
tain purposes. The sole ground of action
by the United States was. as alleged, that
the property was acquired and held in yio-
latlon of the law Of 1862, which prohibits
religious corporations or associations from
acquiring or holding realty in the terrific
rles OF the United States in excess of value
100000. That was the issue presented on
behalf Of the United States. The defend
ants Jolned issue upon that and in addition
pleaded the statute of limitations. The
holders OF the legal title were before the
court. Counsel on the other side seemed
to have proceeded on question of equity.
For what purpose was leave now asked to
intervene? To accomplish something that
could not be accomplished as the mat
ter now stood. Was not the church
Itself represented by those persons
who held the legal title as trustees
for the church. 1t was sought by
these petitions to do something that this
an order made by this court as to the de-
termination of this property, to take ii out
OF the hands OF the supreme court of this
territory and devote it to trust purposes.
entirely foreign TO these actions. He con-
tended that these persons had no standing
or right to intervene; and even if they had
any interest, they were foreclosed and pre-
cluaed from coming in now. They were in
default for two years past. The court did
fhaSa TO- 10.
vlduals making claims to this property to
come in up to the very hour of the trial and
judgment. The property was seized no.
tlce was given of the day fixed for the
hearing, and those who had any claim
came in and had prepared to 90
to trial No Individual member of the
church could appear in court and litigate
this question.
DICKSON INSISTS.
Mr.. Dickson insisted that any person in
terested in the property had the right to
intervene and be heard. Nobody was
foreclosed or barred, and nobody was in
oeisult at all. The proceedings already
had and referred TO by Mr. Varian oc-
Cured before that gentleman came into
the Office of district attorney, and the
record showed that proceedings had not
been had in this case such as were neces-
sary, requiring anybody to appear. Mir.
Dickson then reviewed the history of the
cases at some length, and was replied to by
Mr.. Rawlius.
In the afternoon the argument was re-
sumed, and the court finally allowed the
petitions in intervention to be filed.
Mr.. Varian excepted to the ruling on the
grounds that the petitions came too late,
and that the lntervenors,had no authority
to appear for the church. The hearing
was then proceeded with, the government
offering the court records and decrees apd
the agreed statement of facts.
The hearing was in progress when the
cou.t adjourned, and it will be resumed to-
morrow.