Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-11-12

The Master in his report stateh that
the allegations that ever since the
organization OF the Church aud down
% The time when the fund was taken
Possession Of by the receiver herein.
the fund has hnen managed, controlled
and DISTURBED by aud under the dlreo.
ton Of the First Presidency Of the
Church, aud was devoted and applied
solely 90 tue religious and charitable
uses ia which tlc Church and the
members thereof were iututeate1; that
much the larger part Of the fund had
prior to March sd, 1867. been devoted
to ihe building OF temples, meeting
houses aud other places Of wOr.
ship for the members Of the Church
and f0r the relief OF its poor
and distressed members, their families,
and 10 the widows and orphans Of such
numbefs who were IN needy aud lis.
tre-sed circumstances, were In the main
supported by the evidence adduced
before him.
ltalso appears the testimony that
about S75,UO1 per annum had been AZ.
pr0pfiated cut OF this fund to assist the
poor previous 70 the time II was placed
IA the hands OF the receiver, ami about
100000 per annum to the erection ami
repair Of placed Of worship, and that
a3 much will be required In the future.
The money and personal property In
tho hands OF tho receiver anu 10 he dis
posed OF by the court n about : 100000.
The money donated 30 ssslst ami r..
liove the poor aud erect places OF wor-
ship and maintain and repair them are
for charitable usts.
The -. % - i;llz. g. !, Is regarded
as tho highest STANDARD by which 70
determine charitable uses ana pur
poses.
Among the objects mentioned In
that act ~ charitable ~ "relicf for the
aged, impotent und poor people," DO.
nations Tor "schools OF learning, free
schools, repair OF ohurchcs;" and for
laid Of cnsc Of any poor inhabitanis;"
and for 'house OF correction" many
other purposes and objects ace men.
lionel IA charitable In this statute,
The statute has been literally CON
strued by the courts.
In the case VI Jackson We. Phillips
aud Others, IL Allen, SOL, the court
eaid: "Charitios arc not coniined nt
The present day 10 thOse which were
permitted by '1w In England In tho
reign Of EligaJeth. a giit lOr the al.
table ,urloso In a manner perm tied
10y existing laws Ia nos the less valid by
reason OF having such an Uiject rs
would not have been legal at the time
OF the passage Of tho Statute oil CHAR.
table Uses. For example, charitable
trusts i4r disseuters from the estah.
lished church have been uniformly
upheld In England siucs the Tolern.
tion Act of I w, x NJ. G.. IS, removed
the legal disabilities under which such
sec,s previously lab0fej.
Attorney General w. Hickman, .
Eq Cas-, 40. 1913.
Loyd vs.. Splllet, P.w. a..
:. G.. . Atk, IS.
Attorney General We. Cock, Yes,
sen. 415.
Aud In this country since tho Bevo.
luton no distinction has boon made
between charitable gifts for tue bene.
10 OF different religious seCts.n
While the Muster finds IN substance
that the fund was devoted and applied
by the Church solely 10 tho religious
us,s OF tho Church, and much the
larger part OF 1t 10 places Of worship
for ila members, and to the relief OF ia
poor ami distressed members anu their
families ana 20 widows and orphans II
such members in needy aud distressed
circumstance, he reached the ronclu.
sion "rhat all the uses 10 which this
property hal been applied rested un.
der the condemnation OF the decree
Of the Supreme Court Of the United
States; that II had been ndjudicated
that the property cannot 20 back 20 any
" suCh uscs.D IL this conclusion
az 10 the effect OF that dc.
cree Ia correo., then the scheme
proposed by which the fund
would be devoted alone 10 assist poor
distressed aud needy members Of the
Church, its widows ana orphans and
to aid in the construction and repair Of
its houHes Of worship must DC denied.
The court having found In its decree
that the uses and purposes 10 which
the fund In question had been dedi.
Gated were In whole or In part opposed
10 public policy, good morhla and con-
trary TO the laws OF the United States,
said:
"And not being lawfully applicable
TO the purposes Tor which II was orig
inally dedicated or acquired and to
which at Ms commencement Of this
suit II was being devoted by the
corporation and It's controlling
authorities the same ought to
to be limited ami appointed T. such
charitable uses, lawful In their
character, nv TnOst nearly correspond 10
those 10 which It was originally DIES.
tined.
The court did not mean 10 say that
the assistance Of the poor and dis
tressed members Of tho Church, and
aid and comfort to the widows and
orphans OF Its members were opposed
10 public policy, good morals anu con.
traty 10 the laws OF the United States.
The decree concludes: "Whereiore
II IN decreed that the
cause be romRnded to ths Supreme
court OF the Territory OF Utah, with
directions to modify It's decree as here
In directed, and to take such further
proceedings os TO law aud justice may
Apperlhin In conformity with the
opinion Of this court"
Mormon Church VA. United States,
liO u. 5. GG5.
This decree must be construed Ia the
light OF the opinion OF tho court order
Ing and making the decree.
1886 u. 3. 90.
The court used the following Ian.
gungc In It's opinion:
"But II IN also stated In the findings
OF fact, and Ii a matter OF public notori.
ETY. that the religious uses Intended to
DO subserved and promoted are the in-
eulcalion and spread OF the doctrines
aud usnges OF the MOrmon Chuich, one
OF tue distinguishing features OF which
Is tue pIactiee Of polygamy "A crime
against the laws and nbhorTent TO the
sentiments aud feelings Of tho civilized
al
Church In defiance OF law
MnA nnrseVnrinn In InrnnnnntInn