Show THOSE CHURCH SUITS AT the afternoon session of alie territorial rit orial court on wednesday judge boreman reu the opinion of the supreme court in lir application of the Pec in the suit of the united states against tho church asking that alie us tures etc of alie presiding bishops and general tithing and about 2000 worth of other personal property be turned over to him alie opinion is in favor of alie receiver and against alie church and was concurred in by judge II enderson clinef justice zano however dissented and read a separate opinion in alio course of which he states it 13 alleged in tho petition eliat lie title and possession of this property was in alie defendant alie church of christ of latter day saints at alie time of its dissolution by the act of congi ess of march 3 eliat corporation and a number of other defendants file their joint and several in which they allege that on the day of february the lato john taylor was the trustee the corporation above named aud wai in possession of the property in question and en eliat day as trustee he assigned transferred and delivered alie same to the church association of the halt lake stake of zion a corporation po ration which then and kliore took possession of it and that afterwards on the day of march 1887 mhd latter corporation assigned and transferred the property to william B preston prodding bishop of said church in trust to be used and employed in the construction of the salt lake temple property owned by the church on and before july and that said property at all times has been used by it exclusively for religious purposes and that preston then and there took possession of such property and is using it iu building the temple and in no other way the assignments above mentioned are produced in evidence and alie incorporation on the ad day of july of the church association of the isalt lake stake of zion is also shown this latter corporation is now made a party to alie original bill or to aliis proceeding in view of these facts and without a trial ought the court to assume that this corporation po ration and its trustee preston have no title or right to alie possession of the property and grant a peremptory order to deliver the possession to the receiver or should the court leave tho receiver to his appropriate remedy by action when the receiver linds property in the possession of a person other than the defendant and that person claims the right to it by virtue of a superior title he should institute an appropriate action to determine the title and right of possession courts will not assume that euch third party claiming by virtue of a superior title has no right to the property and order him to turn over the possession to the receiver unless it is clear eliat such third party has no right to it the court can act in such a summary way only when the rights of the parties are obvious and not the subject of serious controversy the chief justice then quotes authorities to sustain his position and proceeds to aay the of jueus christ of latter day saints is ls name adopted by a religious sect or that professes a set of doctrines held by the members in common the church of societies and congregations in this and other territories and in the various states and foreign countries its members residing in utah incorporated under a specified act of the territorial legislature in force january that act was repealed by the congressional enactment of march ad but it appears that the members of the church in salt lake county associated themselves the name of alie church association of salt lake stake of zion and by eliat name wore incorporated under the general law of ane territory authorizing in corporations for religious educational and other purposes this is not the corporation po ration organized under the special act of 1885 and by the act of congress of barcli ad the church association of the salt lake stake of zion is still in existence and I 1 am not prepared to say that it had not the right to receive such money and property as might be necessary in order to aquire such real estate as might be necessary rr hereon to erect houses of worship and personages parsonages nages and for bural grounds and to receive the funds and means necessary to erect such houses of worship and par and to improve such burial grounds such right is clearly recognized by section 13 17 and 26 of the act oi congress of barcli ad 1887 A very able review is then made by judge zane of the real intent of the sections of the edmunds tucker law prohibiting hi any corporation or association purposes from acquiring or holding real estate in any territory of the united states of greater value than and he states it as his opinion that this section does not limit the value of real estate acquired after the act of to but exempts from forfeiture all buildings and the grounds appurtenant thereto held and occupied exclusively for purposes of the worship of god and personages parsonages nages connected therewith and burial grounds even though exceeding that value in conclusion the chief justice says ve cannot assume that the act of march 3 1887 forfeited and es cheated to the united states all the property held by the corporation known ai the church of beaus christ of latter day sainta at the time that act took effect it only forfeited and es cheated such real estate as had been obtained and was held in violation of the act of and only eo much of that K did not consist of buildings and the grounds appurtenant thereto held and occupied exclusively for purposes of the worship of god and personages parsonages nages connected therewith and burial grounds real of houses of worship personages parsonages nages and the grounds necessary and burial grounds such as are necessary for the convenience and uso of the several religious congregations and societies of such sect were not forfeited and CB to the united states lucli property alie section mentioned required tho court by decree to transfer to the trustees of tho congregations or societies of such sect mentioned in section 26 to whom the personal property of tho late corporation of alie church of jesus christ of latter day saints owned by it at the time of its dissolution shall go mutt bo detar kinod by the final decree |