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

Tho adjourned sossion Of the June
,,,m Of the Territorial supreme court
held this morning In the Supreme
.la,, room, Dooly building. Chief
t,,iiee Zane presided, and there were
I'm him on the bench Associate Jus.
..ss Backburn and Miner. The mem
"A. o, the bar gathered in strong
nrce. Judge Audorson occupied a
.at among his legal brethren, those
r,..rn, including Attorneys Il. T..
plcbanls. W. II. Dickson, Judge Hen
d,,.op, Judge Judd, Judge Suth.f.
hpd. Judge Looibourow, Arthur
Rpwn. y. w. Tatl0ck, G. s. Nariau,
J,o. NJ. Zane, Ogden Hilcs, Judge
Beppeti, Judge J. A. Marshall, Barlow
Ferguson. l.. u, Critchlow, w. u.
Reilly, J. A. Williams, 5. =. Arm
strong.
The minutes OF the last session Of
court were read by Clerk Bache and
stoned. after which Chief Justice Y ine
delivered the following anxiously
awaited opinion In
THE CHURCH CASES!
The late corporation OF the Church
Of Jesus Christ Of Latter.day saints,
and others, Defendants, W. the u allied
States Of America, plalnlih.
We arc now called upon 10 designate
t6e objects to which the personal prop
civ III the hands OF The receiver shall
he devoted, and 10 decide upon the
mode Of IL application.
The questions ptosentud Tor our de-
ebon require nn oNAnluatiOn OF the
Mastef's report, and the Interpretation
OF congressional enacimvuts designed
tosuplress pOlygamy, as we'll MS nu np'
llcaion OF the doctrine Of equity
Apphcablc 10 the rights Of property
Dedicated IN charitable usea.
This suit IL maintained under See. II
Of an act IN force March 3rl, 1857, aud
Is rs follows
arhat the acts OF tho Legislative
Assembly Of the Territory Of Utah, ia.
eorpomtiug, continuing, or providing
for the corporation known us the
Church of Jesus Christ Of Lat.
isf.day saints, ami the ordinance
Of the so.callcd general Hs-
tembiy Of tue state OF Dsseret incor-
Iornt1g the Church OF Jesus Christ OF
LatteI.day Saints, 70 far AZ she eame
my now have legal iOfcB and
validity, are hereby dishpprovod nud
Rnnulled, and the said corporation, In
70 in o. IL may have or pretend 10
have, any legal existence, h hereby
dissolved. That II shall be the duly OF
tue attorney general OF the United
States 10 cause such proceeding 10 be
taken In the Supreme court OF the
Territory Of Utah as shall DC proper 10
execute the foregoing provisi0Rs Of this
section anu tOwind up the affairs OF saiu
corporation con'Otmnbly 10 law; and IN
such proceedings the court shall have
power, and II shall be IT, iuty, to
make sucD decree or DEGREES NJ shall
be proper 10 ciitctuate the transfer VI
tho title ~ real pTOpury now held anu
used ny said Cmpouti0n Tor places OF
worship, aud parsouagcs connected
herewith, anu hurinl gf1unus, ana Of
Tie description mentioned 20 tue pro.
Nl70 70 section thirteen Of his act aud
inseliion .Weniy.six n this rot, 20 the
respective trustees mentioned Nv section
tWeniy-six N this act; ana for the pur-
lpses Of this section said court shall
nave al The p0Wets OF court 1i oqui-
w." Section thitleen referred 10 In the
section quoted made II "tne duty ~ the
attorney general OF the United States
70 Institute and prosecute proceedings
70 lurclt and escheat tO tie United
States the pronrriy Of corporations obs
Ialntd or held In violation OF section
tnfee OF the act Of CJngiess Hp-
proved July Let, 1862, entitled
IAN net to punish anu prevent the
practice " poly gatny In tbs territorioa. !"
IhH section also declared that such
property 10 forfeited and oscheRted
should be disposed Of by the secretary OF
he Interior and tht proceeds thereof
applied ~ tue nsneIit VI tho common
schools In the Territory in which such
property might be, anu provided that
no pullulngi or the RfOunda nppuften-
ant thereto, helt anu occupied ex.
clusiVely Ia which TO worship God, or
hNnages connected herewith or
burial grounds should be forfeited. And
section above mentioned declared
Ihst u should not be lawful for any cor.
potalQn or association ior religious or
cnarthblo purposes TO acquire or mold
REV. estate iu any territory OF a greater
Nlue tian $4,000, nud that all real
estate acquired or held by any such
'9Ippratlon or association contrary to
the PROVISIONS OF the act should be loI.
.slel anu eschented to tho United
Section 20, also referred to In section
IL, Is as foil0ws;
THAT all religious societies, Gets nnd
Congregations shall haye thn tight TO
nave aud 10 hold, throueh trustees ap-
pointed by any court exercising pro.
g-te powers IN a Territory, only on
he nomination OF tho authorities VI
sueh society, sect or congregation, 80
much real property Tor the erection VI
use " houses Of worship, and for such
'sonagof and burial grounds as shall
We heutssnfy FOR the Convenience and
use OF the seystal congregations o,
tiOn.D
These acts provide that all real
estate held by any church TOR religious
pIchafitable purposes not used for
nouBes OF worship, parsonage or burial
HVunlei acquired contrary TO ths net
o' lhB2, shall be fortified ANA eecheRted
10 The United States.
y, ana they nnnul tue charter OF the
S9uTch OF Jesus Chrlat OF l4atter.day
salht' aud provide Tor winding up IL
suairs aud for the transfer OF It's real
property not forfeited and esoheattd, 10
Hutlees appointed 10y the probate cour.