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Show iiiiiiinii'Eim' Complete Review of the Litigation Leading Up to Confiscation Proceedings. ,0 CUBI0U3 COMPLICATIONS. ,eral Suits Compromised Values Unearthed Un-earthed by Receiver Dyer-Amount of the Estate Seized, fc Tho Mormon church escheat case ,cicled last week by the United States mw court adversely to the church, oue of the causes celobro of Utah, it few people even in this territory c acquainted with the legislation ,'; j, iea(i up to tho confiscation of the Irch property, and not many are ,. the curious legal proceedings '.mected with the case. The readers Tin: Tim ks may be interested in a ri sketch of tho litigation and a re-nff re-nff of the most important facts con-1(lcd con-1(lcd with the proceedings. The Mor-B Mor-B people arrived in Utah on July 24, 17 under the leadership of lirighain iiiiic. They soon established what v failed the State of Deseret, and '? legislature on February 8, 18.it, seil "an ordinance incorporating the lurch of Jesus Christ of Latter-day j. The first section of that act-,te act-,te as follows: ' ' " ' De it ordained by the general as-mblv as-mblv of the state of Deseret, that all -,t portions of tho inhabitants of said ite which now aro or may hereafter aimu residents therein and w hich are oivaaiul distinguished as the Church Jesus Christ of Xattcr Day Saints are ffliv incorporated, constituted, made I declared a body corporate with rpctiml succession under tho original, me and style of the Church of Jesus irist of baiter Day Saints as now or-nized, or-nized, with lull power and authority sue and be sued, defend and be denied, de-nied, ii; all courts of law and equity this state; to establish order and reg-,ie reg-,ie worship and hold and occupy real il personal estate and have and use a il which they may alter at pleasure." section 2 provided "And be it further iained that said body or church as a ijiotis society may at a general or cial conference elect one trustee-in-ist and not to exceed twelve assist-l assist-l trustees, to receive, hold, buy, sell, mage, use and control the real and mhui property of said church, which il property shall be freo from taxa- !." ...,iimn three is n follows : "And he which such proncrtr i that no buil.VuTo, Jn y U'; Provided tenant thereto Vhkh u ZT ?",up-Pied ?",up-Pied exclusive y C 's . aiul om'-worship om'-worship of God or fnPUrposes of thfi therewith, oH miff co"ntcd forfeited." grounds shall be , t Proceedings lnstitcted. ceedintrs TtLiu i ' lnstlt"ted pro- of America, plaintiff, and tho l,t ,J? i,atler-ilay Saints, John Taylor trus- he'cl, urch dtl,,! trelve fiA K mated as assistant trus-tees, trus-tees, the defendants. The plaintiff .it eged on information audbe c th t o n no clJ;7 19. 18W. was $,-"00,000 $,-"00,000 and of the personal proper! v abont 1.000.01)0. Thi complaKsk .fi for the appointmeut of a receiver to take charge of the assets of the disincorporated disin-corporated institution. Demurrers replications and other legal stumbling blocks were interposed and finally on November S. 1W. a receiver was appointed ap-pointed H'auk H. Dyer, who was then Lmtod States marshal for the territory or Utah, was chosen, and ho has ever since acted in that capacity. Tho property prop-erty of the church was scattered all over the territory of Utah, and portions of it were located in Idaho. Evtry county m Utah had its quota of ecclesiastical goods and chattels. THE ASSKTS consisted of city real estate, farms, coal lands, promissory notes, railway shares, telegraph stock, theater stock', gas stock, horses, cattle, sheep, wheat furniture, vegetables, etc. The church authorities early in 1887. while congress was considering the escheat act, began to devise ways and means to evade it iu case it should become a law. Some of tho shares in the various stock companies com-panies were transferred to prominent and trusted members of the chinch on secret trusts, the real estate was deeded over iu a similar way, and an attempt made to place every possible obstacle in the way of recovering any of tho property of tho corporation. SUITS HAD TO BE BROUGHT in a number of instances by the receiver to recover property, and "among those begun in the Third district court of Salt Lako City were the following: Against Angus M. Cannon, the president presi-dent of the Salt Lake Stake of Zion, to recover a valuable piece of land in the Tithing house block known as the church stables. Against the Salt Lake Literary and Scientific association to recover a part of the old Constitution block on Maiu street. as most of it was of a perishable nature ana was almost impossible to trace af-i af-i l" S , pse of a .vcar" the receiver con-e con-e uiledlt was best to compromise this IrS'JL ,i and he accordingly took ' 5.000 in lieu of it. The property was so thoroughly scattered that to have attempted at-tempted to recover by suit would have been an endless task. ACTIOS BV THE RECEIVE B. The receiver atid his attorneys by UUigent search managed from time to time to unearth a great deal, though by no means all of the hidden treasure, t'ycr. soon after his appointment, took possession of the following properties in Salt Lake City: The Temple and J abernacle block, valued iu 1887 at SlijO.OtM); the tithing house and ground, valued then nt -5.O0O; tlw (iardo house, built by Brigham Young for his favorite wife, Amelia, and where the president of the church usually resides valued at $:0,000, and the" historian's histori-an's oflioe, where the records of the church are kept valued at 110.000. He also took poses-sioii poses-sioii of the church farm, a tract of land underline cultivation, containing 1.103 acres and situated about four miles south of this eity. Also an undivided, one-half interest in what is commonlv called the church coal mines, situated in Summit county Utah. The receiver, beside the cash above referred to taken on account of the compromises, found the following personal per-sonal property; One large safe, ouo medium sized iron safe, twenty-live arm chairs, eleven rotary chairs, ten upholstered uphol-stered chairs, two desks, one letter press, 800 shares of $100 each of the capital stock of the Salt Lake Cas company, com-pany, 4733 shares of 100 each of the capital stock of Dneret Telegraph company, com-pany, four promissory notes given by James Jack, Letirande Young. Bishop H. li. Clawson, John Sharp and Fera-morz Fera-morz Little, due March 2nd. 1889, with interest at 0 per cent from March 2nd, 1887, and secured by certificates of stock in tho Salt Lake' Dramatic association, associ-ation, the notes amounting to $23,000, and representing the value of the Salt Lako Theater, which the church owned, and also 80,150 head of sheep. The total value of the real estate seized was $285,000, and the personal property, including cash, footed up $409,788.38. making tho aggregate sum of $724,788.88. The properties described as Temple block and Tithing yard were occupied and used by the cliurch prior to 1803, the former as a building spot for houses of worship and the latter as a place where tithing was collected from the people. All the other property seized was settled upon after 1862. The Temple Tem-ple block and Tithing yard were a part of tho public domain and continued to be so till November 21, 1871, when the land was eutered by the mayor of Salt Lake City, along with other land, under the general townsite act passed by con- gress. 1 he church therefore claimed that the Temple block and Tithing yard were exempt from escheat. TO ITRTHKK COMPLICATE MATTERS tho church at a general conference held at Provo, Utah, April 8, 1887, passed a resolution authorizing the appointment ap-pointment of three trustees to take the title to certain church property under section 28 of tho Edmunds- Tucker law, which provided that all religious societies soci-eties should have tho right to hold throngh trustees appointed by any court exercising probate powers ou the nomination nom-ination of the authorities of such society, so much real property as might be necessary for houses of worship, parsonages par-sonages and burial grounds. Under this resolutiou the probate court appointed ap-pointed Willia 15. l'reston, Robert T. Burton and John R. Winder to take title to church property, and deeds of the Temple block, Tithing yard and Gai'do house were executed ou June 80, 1887. to them by those who held the legal title. On October flth, 1888, leave was granted grant-ed the United States attorney to prosecute prose-cute suits by information, for the purpose pur-pose of having declared forfeited and escheated to the United States the Gar-do Gar-do house and grounds, the tithing office and grounds, the historian's oflice and grounds, the church farm and the coal Fands, and these suits are still pending in the Third distiict court of this territory, terri-tory, although the properties are actually actual-ly fu tho possession of the receiver. THE CORPORATION DISSOLVED. On October 8, 1888, tho territorial supremo court made a decree in the main case from which decree an appeal was taken to the United States supremo court and the decree sustained by that court ou May 19, 1800. That decree set forth that on March 8, 1887, tho corporation corpor-ation of the Church of Jesus Christ of Latter Day Saints was dissolved and that since that date it has had no legal corporate existence. It was also decreed de-creed that tho deeds to Preston, Burton and Winder conveying the Temple block, the Gardo House and tithing office of-fice were without authority, and they, were ordered to be cancelled aud annulled. an-nulled. Tho court further ordered that the Temple block be set apart to the voluntary religious worshipers and unincorporated sect known as the Church of Jesus Christ of Later Day Saints, aud that the trustees appointed ap-pointed bv tho probate court hold and manage said property for a place of worship, and the receiver was ordered to surrender tho Temple block to tho trustees named. It was further decreed that none of the other property seized had ever been used for building or further ordained: That as said nrch holds the constitutional aud final right in common with all civil il religious committees-'to worship it according to the dictates'of c6n-iiico,' c6n-iiico,' to reverence communion riMy to tho principles of truth aud Milttuiiize marriage compatible with revelations of Jesus Christ; for the iirity and full eujoyuieut of all -sings and privileges embodied in i religion of Jesus Christ free to all; is also declared that said church es, and shall possess and enjoy itimially the power and authority, and of itself,, to originate, .fcc, pass and establish rules, regula-iis, regula-iis, ordinances, laws, customs and terions for the good order, safety, rei nment, conveniences, comfort and itrol of said churchy and for the pun.-, ifie'nf or" forgiveness of alToffeuses ative to fellowship, ac'conling to irch governments; that tho pursuit Ifaand the enjoyment of life, in :ry capacity of public association aud meslic happiness, temporal cxpan-n cxpan-n or spiritual increase upon earth, may not legally questioned; r provided, how-r, how-r, that each and every act or ftice so established or adopted for or custom, shall relate to solemni-sacraments, solemni-sacraments, ceremonies, consecra-h, consecra-h, endowments, tithings, marriages, whip or the religious duties of lo his Maker; inasmuch as the doc's, doc-'s, principles practices or perform- support virtue and increase mor-)'. mor-)'. and are not inconsistant with or Want to the constitution of the iwl States or of Hub state, and aro din the revelations of the Lord." "the 19th of Jrnuarv. 1853, thisor-aace thisor-aace was re-enacted 'by the logisla- and approved by Brigham Young, ' s then governor of Utah. . THE LAW OF ESCHEAT. 'ven years thereafter the congress no baited States passed the anti-?'my anti-?'my bill, section third of which ta it shall not be lawful for any 'oration or association for religious charitable purposes to acquire or real estate in any territory Of the ctl Mates during tho existence of territorial government of a greater ? tlfta $50,000; and all real estate 111 W or held by any such corpora-r corpora-r association contrary to the pro-" pro-" of this act shall bo forfeited and '.Mlo the United States." 115 act related only to real estate. ' to this enactment tho church had ""P a number of tracts of land be-u be-u the public domain, and it Against Francis Armstrong, then mayor of Salt Lake City, to recover 2100 shares of the capital stock of the Salt Lake City Street Railway company which it Was alleged had been fraudulently fraudu-lently transferred to him. Against John C. Cutler, who was then and is now the clerk of the county court, aud the Provo Manufacturingcompany, for the purpose of recovering 600 shares of the capital stock of said Provo Manufacturing Man-ufacturing company which it was alleged al-leged had been fraudulently transferred to John C. Cutler. Against the Zions Co-operative Mercantile Mer-cantile Institution and the Provo Manufacturing Manu-facturing company, for the purpose of recovering 500 shares of said Provo Manufacturing company, c.aimed to have been fraudulently transferred by .the church lo tho Zions Co-operative Mercantile Institution. On July 9, 1888, the church offered to eomprouiiso these suits aud several other suits which were in contemplation by paying in cash: In the Ancus M. Cannon suit i R.D0O 00 In the S. L. L. & 8. Ass'n suits. 36,211 15 In the contemplated suits 43,025 (10 la the John C. Cutler suit ll.OOOOO In the Z. C. M. I. suit 1 LOOT 00 In the Armstrong suit 51,000 00 Total...... 157,668 15 The receiver by petition advised the supreme- court to accept this compromise compro-mise and a decree was entered dismissing dismiss-ing the suits and accepting in lieu thereof $157,600.15. . . I'ROl'ERTV DEEDED TO CHURCH STAKES. Tho territories of Utah and Idaho are by tho church ecclesiastically divided into stakes, these stakes corresponding in most instances to the county boundary boun-dary lines. Early in 1887 the Mormon church formed church associations in each of these slake. There Were- churches in each of these stakes presided over by a bishop. These bishops had on hand a large amount of tithing which was constantly being collected. This tithing belonged to the Church of Jesus Christ of Latter Day Saints, and an account of it was kept at the general church otlices in Salt Lake City. In order that this should be saved from forfeiture if possible, pos-sible, John Taylor, the then president of the church, on 1'ebruary 28th. 1887. made a deed conveying the personal property then located m the various stakes, . to the church associations in those stakes. The deed begins: "Whereas, By aud with the consent of mv brethren of tho lirst presidency aud the twelve apostle of the Church of Jesus Christ of Latter-day Saints and with the approval, as far as I have been " "en aUer the passage of thi3 acquire title to real estate For l5 I've years the church kept piling " assets until finally congress again "it matter in hand and on March .' 'he Kdnmnds-Tticker went into l section 17 of that act provided: THE EDWAHDS-TUCKEU ACT. the acts of the legislative as-l as-l of the territory of Utah iacor- 2- continuing or providing for 'f ionuion known as The Church .siisUiristof Latter Day Saints, ' or,!inance of the so called gcu-Jsembly gcu-Jsembly of the state of Deseret JoratinK the Church of Jesus 1 M Latter Day Saints, so far as may now have legal force and j. wo hereby disapproved and ii, ! tne said corporation in avp ffliay now ave- or Pretend ivw) anI,legal existence is hereby That it shall be the duty of attorney general of the United i in ?use such proceedings to be "of tt'16, BUPreme court of the ter-; ter-; ,Llj.ah as shall be proper to ex-;, ex-;, , Joregoing provisions of this m-l l. wind P the affairs of tinn f'J?tl(m conformably to law." Bh.f,tfen of that act provided: 'Zl i ib? the dutV of the attor-Tiof attor-Tiof the United States toin-itimi toin-itimi Prosecute proceedings to in sdleat to the United States I 'din i C0I'Poratiou3 obtained tnf loll'tionof section three of if f ,,' pn gress approved the 1st .1,3-1S62, entitled. 'An act to ana prevent the practice., of 'lsktln the territories., of-the , ates and other places, anddif-irUi.f' anddif-irUi.f' ann"Hing certain acts of ' m- i nWy of the territory Vlo'ationof section 1890 and Mi s,atute9 of the United v! " u--h property so forfeited b 'ed to the Uhited States :morSP(J of by the secretary of Minti tue proceeds thereof "11 I "I ani' tenelit of the ols in the territory in . - -- able to lay the matter ueioru im-m, ui the members of said church, and in consideration con-sideration of the rights and powers in me vested, and of the reservations and uses to which the property herein named is to be put. I, John Taylor, trustee-iu-trust, have for the purpose ot aiding the several stake organizations, concluded to convey to the resp'-ctive corporations hereinafter named, the personal property situated i" the se-eral se-eral counties of Utah hereinafter designated desig-nated as the certain stakes of Sion. "Now, therefore, in consequence of the premises and of the promise am agreement that the said grantees w ill flithfully carry out the trust and con-idenee con-idenee fiorelnand hereby mposed aud for other good and valuable consulera-ons consulera-ons andforthe sum of $1 to me in hand paid by each of the corporations medPhereiafter the "ce.pt Jcno is hereby acknowledged, I, John lav or, have T granted and conveyed to the corporation called the Church Association of t-che fciaKc . i. f 7ion the personal property cattle, sheep Eoi j S rtndNave and except fhebash or stocks as aforesud for he arh. .i Prudent Tavlor appoinied James T,nfr wh as "then territorial irea,-urettaiTy irea,-urettaiTy out.heeonveyaneeand; TWST'tl..- church parted? grounds appurtenant thereto ior me purpose of the worship of dod or of parsonages connected therewith, or for burial grounds, ft was also adjudged ad-judged that all of the real estate seized bv the receiver was the property of tho Iato church corporation and the same was held in trust for said corporation. And furthermore that the legal titles of saiil real estate were acquired by said corporation subsequently to July 1, 18W and that prior to that date neither the corporation nor the trustees had any legal title to said real estate. THE COURT KCBTHElt DECKEEU that the late corporation having become by law dissolved there did not exist nt its dissolution any trusts or purposes j within the objects aud purposes for which the personal property was originally origi-nally acquired, to or for which said personalty per-sonalty or any part thereof could be used or to which it could be dedicated, that were not in whole or in part opposed op-posed to public policy, good morals iind contrary to the laws of the United States. And furthermore that there do not exist any natur-all natur-all persons or anybody, association or corporation who arc legally entitled to any portion of said personalty as successors suc-cessors in interest to said Church of Jesus Christ of Latter-day Saints nor are there now any trusts of a definite and legal character upon which the court sitting a a court of chancery can administer the personal property. Ana it u further ordered and decreed that all and entire the personal property prop-erty of the lale corporation bv reason of the dissolution of the corporation, cor-poration, on account of the failure or il!eraiitv of the trust to which it was dedicated at its acquisition aud for which it had leu used by said corporation corpora-tion and bv operation of law become escheated to aud the proirty of the United States subject to the cots an.l expenses of this proceeding and of the receivership by thi court inMituted and ordered. |