| Show THE CHURCH SUITS the legal 0 O battle attla over church property commenced today to day october 17 was the date set for the hearing ot of the arguments inthe in the suits of the united states vs the church of jesus carist of latter day saints and the perpetual emigrating fund Compan yiu yin the supreme court of the territory of utah the plaintiff is represented by district t attorney geo S peters and his assistant wm win 3 clarke of utah and henr W hobson united states attorney for colorado the attorneys for the defence are col james 0 broadhead of misso missouri uri senator joseph E keDo mcdonald of indiana and hons F S tB ichards and le grand young g 0 ot i this city layo the 0 only n althis one one of f the gentlemen named as tha defendants in connection with the organizations against whom suit is brought wao who was present la court was col john R winder ini A among ong those present as witnesses were james jack esq and recorder He cordei geo M cannon et at salt like lake county who had brought along with mm aim several volumes of the county records when the subject was brought up before the court mr mcdonald for the defense asked leave to withdraw the answer already filed in the cases and the demurrer lor formerly merly submitted and to file a new demurrer in connection with this he desired a post pon ement of the case for one day mr peters made no opposition to the request which were granted the new demurrer filed is as follows IN THE SUPREME COURT TERRITORY OS OF UTAH no of term in equity the united states of america plaintiff vs the perpetual emigrating fund com pany albert carrington F D siny richards ichards F M lyman 11 H 8 E el dredge jos F smith an anus angus us M cannon moses knatcher Tn atcher J john ohn R winder henry dinwoodey Dia woodey rob boat T burton barton A 0 smoot and H 13 clawson defendants DEMURRER the above named defendants by protestation not confessing all or any of the matters aud things in the plaintiffs bill ot complaint contained to be true in such manner and form as the same is t therein herein set furth forth and alleged do demur to the said bill of complaint and for cause of demurrer show and allege first that said supreme court of the territory of utah has no jurisdiction c ifor over said defendant sor ei either ther of them or of the subject mateer of said action second that the acts ef f congress ot of july lat 1862 and of marchard march ard 3rd 1887 referred to in plaintiffs bill of complain tor so much of said act as attempt or pretend to dissolve the said defendant corporation or to interfere with or limit its right to hold property or which attempt to 10 escheat the a same ome or to wind up its i s affairs are unconstitutional AND VOID third that said complaint does not state facts sufficient to constitute a 2 cause of action fourth that the plaintiff has not and by its said bill pt of complaint maan made e or stated such a caie case as entitles it in a court of equi any discovery from these defendants or either of them or to any relief against them or either of them as to the matters contained I 1 in n the said bill of complaint complain tor or any of such matters and add that said bill of complaint does doea not contain ANY MATTER of EQUITY whereon this court can ground any decree or give to the plaintiff any relief against these defendants ori or either of them W wherefore h ere fore and for divers other good A T fe W causes 1 oi of demurrer appearing in stid said bill of complaint toe defendants do demur thereto and humbly demand the judgment of this court whether they sh shallie allbe compelled to make any f urther further or other answer to the sald said bill of complaint and pray to be hence dis missed with their costs and charges in this behalf most wrongfully sustained james JAMBS 0 BROADHEAD J E MCDONALD FRANKLIN S RICHARDS YOUNG attorneys and counsel for defend defendants acts the rhe demurrer in the suit against the church is in the same ian language as the foregoing with the exception of the change in the title of the cause |
