Show GOES TO CHURCH CHARITY tho the territorial art cat cwt so directs for the iho personality escheat AN A ELABORATE 0 BY JUDGE ZANE X L G C fly appoints Appoint od for alio llio 1 fund with nond or alita 0 ile r opinions p inloes blanden lown Altor noya admeto to practice z U S corn 1 qa in n e ra A application api I 1 c a I 1 in it for alto to be admitted to bull bill tho the TorrI territorial tortal supreme court convened berday an arning and w hii ts ira in session tile fur about three hours altogether chief jus lice zane und and associate justices Justlee tt miner filter and were pre present tho the territorial bar anns n ns well represented when court opened na as it had bad become current tart tin an opinion would bo be handed down in tho the enso of states to TB tho the lute Corpor corporation corporate or of tile tho church 0 jobus cl rist of latter diy aty balula it wits twenty minutes past 10 w b oil court win was opened and co coti ment othur than tile of tile tho I 1 cafe cab chief justive zano amun reading tho calno lit in the lite chucci cube case it ii required ono one lour hour und minutes to rend read the opinion tin the supreme court the decision of 0 tho ilia muster in Chit used und dedd q the elio fund which amounts lu 0 and Is id now in tile tho hands handi of 1 a I rc re coKer celVer bo applied to tho iho roller relief ut or tile tho pour poor of the ho church of john christ of latter pay day galutz or for fop ilia repair of of worship of tho ilia liuio church to ijo be paid out through tho ilia nedium of a it trutie trus tru loi toe leonard G hardy wilt trustee W will th it i bund build of S united states attorney lorne Y charles varian up the ones cie to th tho 0 d slates supreme court chich doubli icess cst win will tie ho up tip this great croat fund fad fur for three or four years to como come the opinion in full as ro rendered by chi chlof f justice zane abo associate justices miner A end nd blackburn concurring Is as follows text of the opinion tho the united brutes of america atIZ vs TL the iho lato corporation of tile church or of joins carlt of latte battor duy baines mud and others othera defendants defon defond Janta ants wo we tire ore now culled upon to designate tho the s to which the property to in tile hands ot of tho receiver allahl bo be devoted und to decide upon the tb modo of its II 11 application tho the questions presented for our decision doc laloo require an examination of the Mn mastor stora o ro port and tho elio interpretation of nl at enactments designed to suppress up pros anly UH an wel as un an application of r elio loo doo trine of equity applicable to the rights of property to charitable uses this HUH la Is under section 17 ot of an act la in force dorco march 3 1867 mud bud Is im an follows that the acts of tho the assembly of lite lh territory of incorporating con coal or for the corporation ona a 3 t the at church of jeu jesus christ of Lut saints sal end and the ibo ot of tho the so called general of tho th state of incorporating iho a church or of jesus christ or of latter day bay selves salon so tar far as a tho the some samo may now havu have beul force forc said validity are greby dl disapproved approved and annulled aud and the iho said hid rC raila in lu so 0 o fir far as aalt it roay may have or pretend to h hate anny jceal ex istance 14 1 hereby alsol ed that it ila ho tile duty of oc tho attorney of tile uni vl cl states to cause buch proceeding to I 1 IM NL n in iho tie cupric court of tho the territory of utah as n lo lit proper to lo execute the iho fore clug provi provisions Mons of abla section and to nind alil up tip tie afir lot i flad said coo conformably to law and lit in such auch r roc ce edings tho the court have power find and it shail bo be it itai duty to aniuk k buch ducree decree or decree as ahall f bo be tu to 0 afe cuate thu the of tho ilia title to real p top prop ert arti no bow held und and used liy lay suld sold to for inc of orl lp nud and connected till nod aad a fand d of I 1 tho the do da b mentioned lu in the proviso pr oniso oto lo 10 et toil t birteen ot of this net oud aud in ID section kneut faix of this net act to the respect he t rustles ces mentioned in bention secal on t of this act aud for the pur put pur e vot of tins this section said eald court hll hae ill alao rout arx of a court of equity 11 oc toil thirteen referred to la in the section quoted qui made it ihn duty of the attorney gen ra of cf else visited states to lo institute loll tut mud and on cute s s to to abe at L I 1 i baates ejiu property erty of ob tiled or hold ID of ejection tanio of tb july int unfilled an not to until a and d prevent iho of tiny lit in tho the n 11 this section also abo declared dac lAred that such property so KO forfeited land should hould be disposed of by the tha secretary of lit tho interior tind end the tha proceeds applied to the benefit of tho the common school jn in tho the territory jet iii which ucb such property pro be nud nod provided abit no building or tho the grounds ther thereto sto held band occupied ox ex elusively ju in which to worship god or pur connected therewith ur or burial bu and section 3 ubbo declared thus thab it abound not nol bo be liin in ful tor for any or ass ocla lion for ruI roll cloua clous or charitable purposes to acquire or hold rout roul estate in may territory of it a greater aban and that all real acquired or hold held by any corporation or u contrary to the iho ions of the noi lot should bo be for felte it and aad 1 otie boated to tile tho united states so SoL flon 28 20 also alfo referred to jr in section IT 17 Is as ai follows followay fol lowa abat all rol religious lillous societies sects becs and congre gallons shall chall ba 0 tho the right to havo have and to hold bold i trustees by any court exor exorcise cis ing probate lu in a only ou on tile nomination of the ho authorities 0 mile so doclot soc clot lct ct or congregation nonsuch 0 o much rual real properly prop orly earty for t tho a erection election or use of houses of worship hip ano luid fur st u Is and burial grounds ns aj shall bo bet e c efstaty for tho the convenience sad ind uso use ot of tile ti several congregations of uch such religious society sect vr or congregation these theao aola acts provide lite that all real estate bold by auy any church fur for religious or chart 1 ill 0 purposes ioa nul not used fur for houses hounos of worship or burial grounds acquired con contrary esry to tho the no 10 0 1 bo be forfeited and es to tho elio united Sli ito A and nd they annul the charter of the church of jesus christ of battor day saints und real provide for wIts ding up its affairs nud find tho transfer of its if roal property j not forfeited and es cheated to tn trustees appointed by the aprobato court on the noral nation of elio lbs authorities of snob church in n theio enactments congress reco nihed I 1 the roil clou of the latter pay day tints ai lawf lawful uland nod their church though DOI alad tj us b the right ijiro ugh tru hot looted bO acted by ji its authorities to own houses in which to worship goal and for their ministers to ava ajro in la in cho second se dilloo aloo of the net of it ills Is declared doc dec larud larad that it bo be so construed us u not to direct or intel foro with the iho right to worship grid god according to ilia iho of condolence con 01 a of this osa oa on oil abe bill and of the abo parties hild court hold tho various nuovo mentioned and the acts referred to valid laid and appointed a receiver to tuko take pos lon of till all real odd and persons personal property of the defunct corporation und land tu to hold bold the th same to be d imposed of according to liw rand upon it further and subsequent quent hearing tho the court a further deurlo by which to tho body of religious rollf flou worshipers block eighty neveu in ill A sit lako city known RS as tho temple Teni plo block and bold the remainder of real ettote acquired la in violation of the third of it lite iho lot of 1662 subject to forfeiture and escheat to tho the united states that elio property pro party or of the church by reason of tho the of its if cor po horation por atlon ration b coe t too of the failure or illegality of tile iho trust to which Is bud beau dodl cared at its if and in ID conse quence of lis its uno una by the corporation by of law became forfeited and ad es as to tho the united from this decree the defendant land and the tha intervenors romney and aad others on behalf of themselves and all other members nie roberi of the tb lato late corporation to the tb Bup court of tho be united stafa the tb utter latte ar court the deer deora appealed fro from copt th clift purt part to abs be boreal fieo oAl property and aad bold that the personal pc property could not bo be appropriated to the pur pose to tol which lIcis I 1 it t hud bud been dedicated b SOS use the west wai let la whole or la in part contrary tolio wor opposed to public policy that there did nor DOC exist tiny any atcon or natural or legal legally entitled acsay to any tva ta gor GOES CS TO CHARITY troa from tro A rain falls S partial of oe it as succo sora lu in Inter cut to the th church unit that it b bad ad ti evolved oil ad the states anti ednot no being balc liw dilly to tto the purposes to which it WM team or for or hinh it is bull bad been acquired and to which a t the rho con conr of at this suit alt it wi van lining being devoted ty by tho cho corporation and od its in controlling authorities the name aetna ought to lin be limited 1 tind I rid to such char italie user iw tit 0 o their as alost olost t wary cor car to those to blob it aas ua destined to be anti d dellied tt by re to a fur ur IQ nod report thereon subject to tile tha approval 0 the court land and to tie be established administered rod rind carried out in such manner land lion accordine accord 0 riling lnE to stich lucli la nitty b 1 a approve tp proved d by I 1 lh to it court tho the omen a re remanded tied to thin till court with dl alito Ito to modify its in decree me at ibo above directed ind to tako such further pro coed lairs an to lw law and justice tani my upper tali ln in ill contero alty the ilia OVID opinion 10 la in conformity with this ibis opinion of 0 tho court of 0 the ilia united big tell and its in rio ea ortO cireo this co cave wits wai referred to the waster and two schemes wore presented to him ailin one loy b aba be solicitors proposing to lo test inch personal property in the lint brat denor of the church lo in trust arut tar or the relief and a Islo tance at its iti do poor at me member bore annealing pecuniary aid red nd for or tho the tiou repair and mAut evance at 0 houses of t worship of ct people ot of that fulth toil mad Ilea lall tho the uio alto to those tsuio two purposes I 1 the tb other scheme proposed by tho the solicit tot tore of 0 the united statue would vast title th property pro porty la in a commissioner appointed by the court toba to bo used by him lor for tho the benefit ot of tho the public schools of 0 the tb territory tto master bus bat reported thin IAN latt plan land recommends lu its approval by the court to which tb abo solicitors object land asic ak us ui t to a their scheme and a solicitors too lilt at upon tio the by tit niu ator behind the legal title 6 to th andian in con la abe tale corporation 11 lie a beneficial rights belonging to natural persona out at 0 the tb rei ased in ID the abo church om ofa ofies baho controlled thorn them an obligation arose rot tit that they would lh folly apply these lands funds recording to tho the general understand lag jol of contributor tho court of ct the united attos in its if directing aboe proceedings or ocllo said ifft lii la qu question has ba been detail calad to public la a anil and ch n ratable wore it matters tratten not dot rap IS the ciao of private cou trIbu loa ions rands during aurto the courso a halt m lit of nies imposed ivoa the tha peo people or ot of rates arising irom front fortunate in business or appreciation in hi VIII the ibo wish able uses for or alch ill ch it is bet hald it are re upon it by charter by oldin ca by regulation and d by to fd uch aa abat aber cia can be b no ilia B to loor or is united state 0 U 8 VW p W in its if opinion tho the court doo does not clotin caleb sod dd consider singly laxly and nl separately abe be various charitable objects lo 10 a tho the property in controversy WH was in toot fot the inquiry by the trial court bud bad act gone one that far they wore Donsi considered dered lit in a luup BO 60 to peak and thu the whole lump jump ap pears to bave been regarded at as tainted with the court on appl appeal ppl dould oot not look st at the of a ach ot of charity pirt toly because th 0 Onal looe ot of the evidence dla did not disclose tho the object singly aly or peculiar morles merit in his inquiry the tb waster mailer advanced and nd we are permitted to sea noo the objects to which the fand had boon boea doroted devoted in the abe light a of t the evidence erl dence reported by him we on can ulab gustal the good rout the bud bad the worthy train the unworthy worthy and understand to which baid na la it what proportions tb abe a authorities bad applied the fund bet before it WAS taken jakou on out of their bands it piera appears from the abo evidence erla reported by the kho master that george Q cannon ton tIlled that he A was waa fired fl it counselor to wilford woodruff president of 0 the cli chorch arch ind and that be vae wa familiar with the purposes tor for which milling creating the food wro wore made tor for many years that they were acro maila made for or and charitable sui ave that appropriation said and on of ll it van true left to a the presidency dency tied aad the pro were expanded on too mod and place ot of worship tand tot toi tits anti bubb charl table objects as a that the first irosido presidency ney to io thita flood ot of tl alili is to cunil aid were to church purposes oes that iliac tha ilia auseon has bu been for tho the firt presidency to submit to the semi of ill tho chuch A report tho alto lip P ro P g tans t ons aud bleir pur poi and sill such 1 lol r t wore al lp proved by thai body abla tah was BI b by y ala of other othor of abe ob church arch and there w ka as no evidence contradicting IL tito master to u his bl report states that li alo that ihil eyer ever elock the OT tion ot at tho lua church and town donn to tile time when the fund was wa taloo possession of 0 by the receiver herein the abe fund food laos bas b beau managed moDA edt controlled coul rolled nod aud disbursed by and under tile the direction oc the iba first presidency of tho the church and was devoted and applied solely to the abe religious and aad charitable use uc la in wiloh tho the church and tho the member thereof wore interested Interest od taut touch the larger part of the food had bad prior to baroh 3 buon boon devoted to the tha building ot of teimpie bouses nod bod other places of oc worship for the members of the be church and bd for the ot of lit its poor at biad d distressed members their families mod and to the widows widow and orleans of much Loom lombera bers who wore JQ in ready needy nod and distressed rare in the mala main supported by the avid evidence don nd ad luccal before him bin it ILI alln appears from the testimony that about per anoura bad boon been stock out of this fund to ablat the poor pro vines cloua to the tsuio awo it was wai placed la in the liandi hands of tho vori und and about per pear an all d doai am to the erection and repair ot of placate of worship riall that as much will be required so in the abe future the amonoy isad personal pero oal property ja in the tb hands of the rectifier recoil er mud aud to bo be disposed of at by the court to 1 about the money donated to ILS ellit lad relieve tb the a poor and erect places of worship end and to botala and |