Show TIG CHURCH SUITS final decree of Forfeit ureThe appeal taken at mondays session of the territorial supreme court chief justice sandford and associate justices boreman henderson and judd were present the suit of the united states vs the church of jesus christ of lat ter day saints was taken up in regard to the report of referee E T on the accounts and compensation pensa tion of the receiver united stales marshal dyer and his attorney P L williams the court ordered that the report be made at the next session november mr P S richards said he desired to file replications to the answers slicks fh ft petitions of WB preston kobert aburton TB urton and john B winder asking to have the temple block set apart for the use of the church as a place of worship the gardo house and historians office properties as a parsonage and the tithing office property as having been used by the church prior to july ast 1st 1862 and therefore not subject to escheat because of vested right which the church then had in said property the were filed and air eichardt Eich ards then read a petition for the intervention and asked leave to file the same which was granted the petition is filed by greo bom ney henry dinwoodey james watson and john dark on behalf of themselves and more than other members of the church and sets forth that F EL dyer as er has seized certain aror erty all the church property except the temple block to the value of about which property he holds wrongfully and which petitioners petition ers and their co religionists donated for the use and benefit of the church the petition begs that if on the final hearing the corporation of the church be decreed tobe dissolved then an order of court be entered decreeing that the individual members of the church be authorized zed to appoint trustees to man age the property for the purposes for which it was originally given and that the Bec eivor deliver all anch property to such trustees the plaintiffs filed an answer to the petition in which they admitted that the petitioners petition ers were members of the church but denied that they had donated the property in question or any part of ier and asserted that it had been acquired by purchase it recites the history of the suit and alleges that the church used the property to promulgate its doctrines among which was plural marriage of polygamy that the church still maintained all of its doctrines none or them having been repudiated the issue was principally as to the forfeiture of personal property mr hobson then reviewed the case and submitted a statement of the facts agreed upon the plaintiffs counsel also suggested the findings of the court in the final decree this omits from the forfeiture the Block valued at but es cheats al Lother church property valued at this includes the gardo house tithing office historian om ce Church farm coal lands gas stock promissory notes sheep office furniture cash the decree as suggested by the government governA ent counsel was adopted by the court its length precludes its publication col broadhead called the attention of the court to the following points insisted upon by the defendants upon the facts stipulated and in oppose tion to the terms of the decree ast 1st on behalf of the corporation of the church of jesus christ of lat ter we claim that the act of congress of feb is unconstitutional and void so far as it undertakes der takes to dissolve said corporation and that the said corporation is not dissolved nor is there any power in this court to decree a dissolution of the said corporation and 2nd that the act of july ast 1st 1862 so far as it undertakes to limit the powers 0 said corporation as to the amount of property it may hold or otherwise 0 to amend its charter and void ard 3rd that at the time of the passage of act of july ast 1st 1862 the right to the property referred to in the agreed statement of facts as the tithing office property was vested in the said corporation of the church of jesus christ of latter day saints and is therefore not subject to escheat and forfeiture ath that the temple block which is used exclusively for the worship of god and religious purposes ought to be sot aside for the use of the church ath that the property known as the gardo house ought to be set aside to the church as a parson age ath that the property cnown as the historians office ought to bo set aside to the church as a part of the parsonage and because the said corporation po ration had a vested right in the same before the ast 1st of july ath that if the court should find that the corporation is dissolved then the personal property described in the agreed statement of facts ought to be turned over to the present members of the church or to trustees for their use and benefit mr richards gave notice of an appeal to the supreme court of the united states and the bond was fixed at the court then adjourned to nov |