The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-11-13

and the ones to which the larger portion OF
the fund has always been devoted
We may presume that The contributors
expected and intended that the first presl-
dency would apply their gifts to such pur
poses IS they might deem practicable and
right and if they should deem any object
impracticable and wrong, that they would
devote the whole of it to such OF tue ob-
lects deemed practicable and right. The
church authtrities now propose 10 apply
the entire fund TO the two purposes named,
which mist be conceded practicable and
lawful, and they, on behalf Of the entire
sect, pray the court to decree that they
shall devote il 10 these two lawful pur-
poses and that they may be prohibited from
applying it to any other.
When the dedication is broad enough to
allow the trustee TO apply the fund 10 IN
lawful as web as lawful purposes, the
court will limit its application 10 lawful
ones. When the terms OF the gift author
lie the trustees to devote the fund to either
Uf the two subjects. one legal and the otner
illegal, It's application will be confined
TO the legal purpose and the lille
gal one will be rejected. "rhe principle Of
these cases seems 20 be the same that al
though valid charitable use should hap
pen 10 be joined by way of alterna-
tive with one which Is invalid, no matter
how, the manner being altogether lndlf-
ferent the former viii not be prejudiced
by it's connection with the latter. ''-Boyce's
Law Of Trusts, p. 232
Other authorities are literally quoted
and the court continues: Ii appears from
the evidence before Us that the contribu
tons to the fund 10 controversy were made
with the understanding that they should
be applied to church purposes, but that il
was optional with the first presidency to
which object and ii 10 more than one, the
amount TO each. The donations were TO
all or any as those church officers might
determine, andsthe court is asked TO limit
that are lawful. We have no doubt that
the court IN the exercise of its ordinary
chancery jurisdiction may limit the appli-
cation OF this fund TO the lawful purposes.
Defendants solicitors also insist that the
report of the master and accompanying
evidence show that the church abandoned
the practice of polygamy by the means of,
and in obedience to the manifesto of its
president, and resolution OF its general
conference adopted on tn 70 9th Of October,
1890.
Quotations are here given from the mani
fesIo and also from tae testimony given by
the Mormon presidency before the master
in chancery, and the court thus proceeds:
Ii the uncontradicted testimony and evil
dence before US can be relied upon, IL proves
that the church authorities and its members
regard the manifesto and its resolution of
Oct. g. 1890, as prohibiting the practice of
pOlygamy, and that they regard this prohi-
billion rs the law of God TO them. That
within the pale of civilization where laws
exist against it, the practice of polygamy is
wrong, but that outside of this limit it may
be rightfully pracuced.
Assuming that they believe that the su-
preme lawgiver in a revelation to Joseph
Smith, the then head OF the church, sane
toned polygamy, aud in another revelation
about forty years afterwards to MILFORD
Woodruff, then its head, prohibited it's
practice within the limits mentioned, it fol-
lows that they believe that, that lawgiver
sanctions polygamy where the sentiments
of civilization are not against it, and where
it IS not prohibited by law; but where there
were such sentiments and laws against IT,
it is wrong, that the Almighty regards the
sentiments of civilization and the will of
human lawmakers as expressed in obedi-
ence 10 their reason and cOnsciences as
binding on the people within their jurisdic-
tion; that he requires obedience to the law
OF the land.
The theory of civil or municipal govern
menL as expressed in the declaration of in
dependence is, that it is based on the will
of the people, expressed according TO the
dictates of their reason and conscience.
This theory the most of US believe in, and
if the Mormon IS right, God has in reve-
lation to them recognized and sanctioned
this theory as sound.
Assuming that there is supreme being
who is the source of all power and wisdom,
many of US believe he does so express his
viii SO far as human government goes,
through the reason and conscience OF man
kind in constitutions and laws.
Importance is attached by the Master in
his report, and counsel lay stress upon the
statement of the president that polygamy
is right but that it Is wrong to practice it
when the sentiments Of the people and mu-
nicipal law is against it.
According to his statement he has an alb
stract belief in polygamy where laws exist
against. In other words he believes in the
principle in the abstract under such cir
cumstances, but does not believe in it in
the concrete.
The government is not authorized to de-
prive any person of his property against
his will except By forfeiture or escheat
according TO law, or by appropriating it TO
the payment of public taxes in the mode
the law prescribes or in pursuance of the
law Of eminent domain, with just compen-
sation. it cannot divest any Individual or
any class of people of their property, or
deny TO them the right to control il or to
devote it to any OBJECT they may choose,
simply because they may entertain wrong
political or religious beliefs; the doing of
either would be plain violation of those
which underlie our whole political system
The intent and the resulting act may to-
getner be defined as crime and punished:
but the intent alone cannot be. The per
captions, the feelings, the beliefs, or the
coDsciences of mankind cannot be regu-
lated by human laws. Such laws would
transcend the power of all just govern
ments.
We do not feel authorized to withhold
from the Latter-day Saints the right to de-
vote their property to charitable objects
simply because we may think they have
wrong beliefs; or to undertake the eradi-
cation of such beliefs by denying to them
the right to the enjoyment of their property
or the right to appropriate it TO lawful pur-
poses.
Polygamy having been aoan doned by the
church, the remaining purposes to which
the personal property in question has been
dedicated and TO which it may be applied
by the church appear to be lawful. And in
view Of this the writer of this opinion is
unable TO understand upon what principle
of law this court can deny to this church
the right to appropriate and apply this fund
to such purposes. He is of the opinion
Woodruff, George Q. Cannon and
Joseph Z. Smith, its First Presidency,
and IL their successors In Office the agents
selected by the church to be devoted and
applied 10 them TO those purposes accord
ing to the viii Of the church and the wishes
Of its donors. A majority of the court.
however, is of the opinion that it should be
vested IN q trustee selected by the court
and IN his successor or successors TO be aD-
pointed by the court to be devoted ex-
clusively TO the support and aid of the poor
of the church and TO the building and re-
pairing Of its houses Of worship, and that
he should be required TO give q bond before