Show t THIS ESCttEAT CASES The decision of the Supreme Court of the Territory in the escheat cases in which the pieces of property known as the Tithing Yard the Gardo House the Historians officethe Church farm and the Church coal lands are involved will be found in full in another part of this paper It is in effect as follows The Tithing Yard and offices and the I Historian office and grounds are adjudged ad-judged as not subject to forfeiture and escheat under the laws of Congress because be-cause the church owned and possessed pos-sessed them previous to the act of Congress of 1862 That act in declaring forfeit to the United United States real estate acquired by any = religious association in the territories above the value of f 59000 also exempted from escheat real estate acquired before I the act Wi3 passed This is the language I ll 1 of that exemption That existing vested l2 rights in real estate shall not be impaired y by the provisions of this section i It was contended by counsel for the government that the church had no vested rightin the property in question because title did not pass to it until 1872 when I the mayor of Salt Lake city conveyed it under the townsita act to the psesident of the church BRIGHAM YOUNG But the court held that the pfsscssory rights of the church from Its first occupation of the land constituted a gvested interest in the property and that I f Congress contemplated such an interest I in the exempting proviso of theactoflS62 I Therefore the Supreme court reversed f the decision of the Third District court c In BO far as it escheated the Tithing Yard i t and Historians office properties and J affirmed that decision in the escheat of tho other pieces of property named they I Saving been acquired since the act of 1862 tn was passed p The case willnovgo up to the Supreme Court of the United States as both parties par-ties liaya appealed from the decision I ° Counsel to the church appeal as relates to the Gardo f Hose S0hitch farm and Cojil land and eouniel for the = govern a t 1 Ii < < 1 e t f J tI 11 it > < 0 meat as to the Tithing yard and Gardo I House property The fact that the legislation enacted es cheatingthis property was especially de rected against one particular church and was not Intended tcqi apply to any other i was admitted by the court and this is i one feature of that legislation which baa i made It ohnoxlous to fairminded people in every part of this couiitry II I I |