The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-12

not acquire jurisdiction to determine the
fact Section Il is THAT the acts Of the
legislative assembly of the territory of
Utah Incorporating, continuing or provid-
ing for the corporation known as the
Church of Jesus Christ of Latter day
Saints and the ordinance OF the so-calied
general assembly of the state of Desere..
incorporating the Church of Jesus Christ
OF Latter-day Saints, so fer as the same
may have legal force and validity are
hereby disapproved and annulled, and said
! corporation, in SO far as it may have or
pretend to have any legal existence, is
| hereby dissolved. That it shall be the duty
OF the encouragement of the United
States TO cause such proceedings to be
taken IN the supreme court of the territory
OF U tan as shall be proper to execute the
foregoing provision of this section and to
wind up the affairs of such corporation
conformably to law; and in such proceed
lngs the court shall have power to effectu-
ate the transfer of the title to real prop
erty now held and used by said corporation
Tor places OF worship and parsonages con
nected Herewith and burial grounds, and
OF the description mentioned in the provi-
SO 10 section Ii of this act, and in section
70 OF this act to the respective trustees
mentioned in section 26 of this act; and for
the purposes of this section said court shall
nave all the powers of court of equity.
! The twenty-sixth section referred to is
as follows; THAT all religious societies,
sects and congregations shall have the
right to have and to hold through trustees
appointed by any court exercising probate
powers In the territory, only on the nomi :
nation of the authorities of such society,
sect or congregation, or SO much real prop
erty Tor The erection or use of houses of
worship and for such parsonages and burial
grounds as shall be necessary for the con-
/ V9nlpnnn of no
tons of such religious society, sect or con-
! gregation.n
1t appears that in pursuance of this latter
section trustees had been appointed tor the
church, and section II provides THAT it
shall be the duty of the attorney-general
TO cause such proceedings to be taken in
the supreme court of the territory of Utah
as shall be proper to execute the foregoing
provisions of this section and to wind up
the affairs of said corporation conformably
to law"
| 1t further provides, sThe court shall
have the power, and it shall be its duty to
make such decree or DEGREES as shall be
proper to effectuste the transfer OF the
/ title to real property now held and used by
said corporation for places of worship and
parsonages connected Herewith and burial
grounds, and OF the description mentioned
In the proviso to section thirteen of this
act and so on.'' To wind UP the affairs and
to make such decree or DEGREES as shall be
proper to effectuate the transfer of the title
TO the property of the description In SEQ
ton thirteen. under which the three suits
before the court are prosecuted.
1t would be necessary to ascertain
whether the property was used and occu-
pied Tor the exclusive worship of God. or
for parsonage or burial ground, and for
that purpose and to that end the court had
jurisdiction.
OIn the suit under section Il, as insti-
tuted July 81, 1887, the decree was
rendered October 26, 1888. / am disposed
to hold that this finding of the supreme
court of this territory, which has been af
tirmed by the supreme court of the United
States, was authorized by law and the
court had jurisdiction in equity and au
| thority to make it. Were it not for that
finding should be disposed to hold that
inasmuch as
THE PRESIDENT OF THE CHURCH PERFORMS
THE DUTIES OF PARsoN,
that the church for which he performs the
duties OF parson ought to be permitted to
have a parsonage or house in which he
should live, and l have no hesitation in
saying that should set aside this Gardo
house as parsonage il the decree relied
upon did not preclude it.
1t is further claimed that the statute of
limitations limiting proceedings 60 forfeit
property under the laws of the ITnited
States applies to this property and there
lore Is par TO arise only upon the acquisi-
ton of property, and there would be great
force to the argument, but the law is thai
it shall be lawful for any corporation to
acquire or hold real estate. While the
right OF action for acquiring arises at the
time the property is acquired, the right of
forfeitural for holding continues. Under