Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-01-15


inally acquired rs hereinbeforc set out,
90 or for
which said personally or any part
thereof could be used, or TO which u
could be dedicated, that we're and are
not In whole or In part opposed 70 pub.
lie policy, good morals and contrary
10 the laws Of the United States,
and not being
lawfully applicable 10 the purposes
for which IL was originally dedicated
or acquired aud TO which nj tho com.
menCement Of this suit u was beiug
devoted by the said corporation nnh
IT, controlling authorities, the same
ought to bc limited and appointed TO
such charitable uses, lawful In their
character AZ may most nearly CORES.
pond 10 those 10 which Il was origin
ally destined, ETC."
My understanding "a, that all the
uses 10 which this property was being
applied by this Church and IT, con.
trolling authorities NJ ani before the
commencement Of this suit rests under
the condemnation Of this decree. 10 is
n Indicated that the property cannot
90 TACK to any Of those uses.
rhe direction n the Supreme Court
W NfAN - AAANHN NHANA'NfAA 4 NNAN ~ "a a. Nv
u that n Master be appointed ~ devise
some other scheme, some other use 10
which the property may BE- applied.
An effort hiss been made with what
measure Of success II IL not material
now TO inquired - show that con-
ditious have changed since the adJu-
dicatipn In this case was made.
hut have not supposed the binding
force { the decree ~ m adjudication
can DC avoided IN this way.
10 adopt the scheme suggested by
these defendants would Ia my JHdg-
meDt be to practically Snnul or dis
regard TO decree under which this
court aud liz Master In Chaucory are
now acting.
Sccond--A plan has been proposed
by Abraham "A. SmDOt and others. rep
scented by j. w. Judd and King n
Houtz, attorneys, In favor Of n school
known ~ Brigham Young Academy,
located IN Provo, Utah, by which 1t IL
sought TO have this fund or some pUr.
ton thereof applet to payment u
the iebts Of said Institution ami 10 the
maintenance thereof.
Willard Young president Of Young
University, nm institution founded or
about 10 b. founded ut salt Lake city,
represented by Richard W. Young ~
attorney, has proposed n scheme Ia be-
half Of said University, asking tor the
application Of the fund TO the ondow.
mont " department Of law In said
institution.
The United States, by IT, attorney,
Hon. G.. >. Narlau, submits u scheme
10 the effect that the fund be applied to
the use aud benefit Of the common
schools Of the Territory.
The application hled on behalf Of
the brigham Young Academy and
Young UniyeIsity show that each Of
said schools IL a sectafian Institution,
under the control Of the Mormon
Church, Tor instruction, among other
thingp, In the principles Of tho gospel
as taught by the Church OF Jesus
christ OF Latior.day Saints, aud flr In.
structior IN the higher grades, Ia
science, literalurr,art, etc.
A part Of the plan, purpose ami
scope NJ these schools appears to bo the
inculcntiOn IT the doctrines, tenet- aud
faith OF the Church Of Jcsus Christ Of
Lntter-jay Saints, which, according
10 the evidence adduccd before me,
still embraces the dOctrine OF poly.
gamy or plural marriage.
Wilford Woodruff the president aud
head OF the Mormon Church. In speak.
iug of his manifesto issued September
95th, 1880, by which II II claimed the
Practice Of polygamy was abolished,
testified 40 follows ON bis cross-uxaml.
nation by Mr.. Varian;
q. Mr.. Woodruff, Is this exhibit A,
40
fC,tO or announcement by you, or II not
this one that wa made subsequently, In
answer 10 statements appearing In tho
tolcgraphic dispatches TO tho pross Of this
cuuutry2
A. noyor made but ono tina, rocol-
Loot.
q. Did You understand by this declare
ton a tenet or principle Of faith OF tho
Church over which you prOsldo was
changed In any dcgrCo9
A. No, sir, l do not know that 1 did
with regard 10 tho principle.
q. Does your Church derive It's priucl.
piles oi faith and rules of conduc, iflm the
Bible. tho Book u Mormon. Ut Doctrine
and Covenants aud the revelations of Al
mighty Gois
\. Yes, -ir.
q. Was tho principle Of plural or CO.
lostial marriage derived through reyo-
'' a Yes air. m. nripcinlo tha, has ho,n
nden,ed 6y t6e Church NM. "'' '''' '''"
q. Ia not tho principle of plural mar.
ringo still a tenet Of the iaith OF your
Chnrch3
A. Hos, believe tho Church believes
In The principle.
q Would II not have to be changed by
i Y, g '1ine power and hn,thosi'SIrom which
" a " w w " P',ms,p'v. l. n..,