Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-09-02
THE CHURCH SUITS AGAIN IN
COURT.

Dttu tlmphhtN b''s - :.
sal, at the instance OF counsel for the
Government of the folio wing caso,' +.
IL. Dyer. receiver, W.. David Nj. stew.
art, Robert McQuarr.c and Church OF
weber Stake and City OF ogdcnj f..
II. Dyer, receiver, ETC., vs. II. J.Taylor
and l.. w. ShuTtlifi; H.W. Lawrence
receiver, w. james A. Eldridge ct nj.
The last named involved the salt
Lake property known a. the Council
House corner, and the Others, property
formerly owned by the Church In
Ogden, including tho Tabernacle
square, Ti,hing office grounds ana the
old Stuart property. These are now
exempt from cscheat.
The case now before the Supreme
Court ofthe Territory comes up on cS'
ccp,ions taken to the report Of the
Master In Chancery, who, after long
investigation decided In favorof the
. turning over Of the personal properly
Of the late corporation for the use and
benefit Of the district schools.
II will be remembered that the Su-
prone Court Of the Territory decroed
the personal property OF the Church
had "becoms escheated TO and the
property Of the United States" This
was based on the assumption that the
personal property Of the Church had
been used for and devoted, among
other things, to the PRONUNCIATION and
maintenance OF polygamy or plurality
Of wives. We say the assumption"
because no such evidence had then
been before the court. The Supreme
Court OF the United Stascs aubeequent'
Iy dissented from this part Of the DO
cree, and ordered that the personal
PROPERTY should be devoted TO "such
charitable uses, lawful in their charac-
ter, al may most nearly correspond to
those TO which It was originally de-
signed" to be asceriained by Master
in Chanccry subject to the approval Of
the court.
A.
~ Is now coh'enseu 'na. .n'
mas'e. eH'u IN MS . ~,
That no snouiu ns'o b'an''" VI.
petition OF the First Presidency OF
the Church to have the property vested
In them rs Trustees to DO applied to the
relief OF the poor OF the Church and
the maintenance Of houses Of worship,
we trustees 10 rspof. ahn"a' I" ."'
court An account OF 'ne Aui'iin's'i"'''n
OF inc trust; anu 'hh. inc uoVo'ion OF
inc property 70 inc a's'lc. sohoo" ~
opposed 70 inc decision OF 'neS"pfeme
Court anu iepugnAh' 70 Jusuce' equity
ana 'he genius OF our government
Inc Master fuied that TINS application
OF the fresidenoy was rec doyuuodfd'
because the supreme Court hsd Ill
READY denied the petition OF George
fomney, henry Dinwoody, James
watson anu John Clark, on behalf OF
inc mempeb OF the Church, ciAiming
that they anu saiu members were
"equitabiy the owners OF said proper
ty," and asking the courtNto decree
That the SAID property belongs 10 tho in'
dividual members oil said Church.
But counsel Tor the Chnrch now show
that theirs IN q different claim and
scheme entirely
Romney etai. claimed the property
for tho members OF tho Church abso
luteiy. The Presidency OF the Church
ask thht II be regarded us n trust, and
that they administer II as decided by
the Supreme Court, for those charitable
uses nearest 10 those designed by thu
donors, and subjsct to the supervision
OF the court. Further, the Supreme
Court ruled that there was no grount
ut that time for the application OF Thu
claimants, but that "the rights o
Church members will necessarily b.
taken into consideration In the lima
disposition OF the case" This MI goe
10 show that the denial OF the forme
claim is no bar to the granting OF tn
present petition and scheme.
II is further set forth now that tn
whole ground OF the action OF Congres
and the rulings Of the Courts Ia rela
ton to this property was that tn
Church was "contumaclous organiza
ton" employing Its resources In ''at