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Show THE CHURCH CASES. THE HEARING AGAIN TAKEN UP BEFORE BE-FORE JUDGE ZANE. Interveners Barred at this Late Day Their Interests Held to be Covered by the An-wer An-wer in Chief Brief History of the Property at Isue. The remaining cases under title of the j United States of America vs. The Late Cor- i poratiou of the Church of Jesus Christ of Latter Day Saiuts, an action to escheat certain cer-tain real estate known as the Tithing ofSte property, the Gardo house and Historian's office, the Church farm and an undivided half interest in and to certain valuable coal lands, came up before Judze Zaac this morning on a final hearing prior to their submission sub-mission to tie supreme court. Counsel for the plaintiff included United States Attorney Charles S. Yariaa, Joseph L. Rawlins, Esq., and Judge John A. Marshall. For the defense Hon. F. S. Richards, L-Grand L-Grand Young, Esq., and Messrs. Dickson S Stone. In reopening the issue Mr. Variaa steted that the copies of motions for intervention had been served upon hira by the deferi.se, whereupon Mr. Richards in behalf of thf intervenors introduced three petitions which set up the following: "Now come James P. Freeze and Spencer Clawson and by leave cf court first had and obtained file this petition in intervention on behalf of themselves aM others who are members of the Church of Jesus Church of Latter Day Saint-., a voluntary reliaious association, and for their grounds of intervention in-tervention allege: 'That the members of said church are more than two hundred thousand in number and so numerous that thev cannot without inconvenience and oppressive delays, be brought before the court: that all "of said parties have an interest in common with said intervonors in the subject of this petition peti-tion and the questions involved in this action; ac-tion; wherefore said intervenors file this pe- , tition for the benefit of all said members. "That the Church of Jesus Christ of Lat-ttr-Da.y Saints became and was a corporation corpora-tion at the time and in the manner related by plaintifFs complaint, and that the said corporation was diBs-olvei; as therein stated; that said corporation embraced and included ali the members of that rtligious sect or body of religious worshippers known as the Church of Jesus Chrisi of Latter-Day Saints; that from and after said dissolution of said corporation hitherto all the members mem-bers of said body have been and are now organized and existing as a voluntary religious re-ligious association known as the Church of Jesus Christ of Latter-Day Saints. "That these intervenors ani the members of said church ate equitably tuc owners of the property mentioned in said compKint, and thatthelegal title thereto is now held by tho attendants as trustees for the said voluntary rtligious association in trcst for religious and charitable purposes; that the. said church is and ha been ever sin -e the thirl day of March, 1S?7, a voluntary association as-sociation for religious aad charitable ujes and purposes, and has the right to own and hold such property, through" trustees, to be used for such purposes." The petitions here proceed to describe the property at issue, tho history of its acquisition acquisi-tion and the landins cf title in the deiend- ants as trustees. 'Wherefore petitioners pray that the plaintiff take nothing by its said" action, and that it be decreed that the said property belongs be-longs to the unincorporated religious asoci-ation asoci-ation known as the Church of Jesus Christ, etc., and that the members thereof be authorized au-thorized to appoint a trustee or trustees o ""MO; manage nUa apply the same to the pdf ir po?es for hich it pas originally given; th tn Lultea&tat(rrffVuardeliT-Uier-oss-nlrd eion of -aid .ettieith tfie pmin 1 ceeds and income in h;s hands. To smi 1,) , tee or trustees as may be named at a general te conference of the members of said church." Mr. Yarian objected to the filing of the intervention on the ground that the complaint com-plaint was made originally on general information, infor-mation, and gave notice to all "partes who had any interfest in the property or claims thereto, to appear before the court and tile the same. Three answers had been lib-d set-tin?r set-tin?r un that thev as trustees were holders of legal titles for said voluntary association for religious and charitable purposes. The only proposition is that the property was ac quired in violation of the law of '02, which prohibited prohib-ited the acquisition of property to excetd $.t0,0u0. Two persons, I reeze and Clawson, now come in and ask to intervene for all persons of the church and the answer having hav-ing already been made, these, as all othtri who failed to come in before, arc in default. The court is not sitting here to allow persons per-sons to come in tip to the very day of trial. The trusters hofding the claim f.r the church arc here representing it. The petition peti-tion in intervention comes more, in the form of a new suit, and they have no right to appear ap-pear here at this time. Judge Dickson No one who ever had any right to come in is in defaull at this time. There never was any order made stn'ing the length of time the claimants should have to set up their claims. Mr. Varian The court designated November Novem-ber 21. l$sS, as the limit of the time in j which to file claims. The court If the trustees failed or neglected neg-lected to set up the rights of the 1 . i. fic'a - j ies, then the beneficicrics would be. ailo-.v d to come in as interveners, but I am inclin ; to hold that all rights of the beneficiar. s are reached under the answer, aud the application appli-cation is denied. The arguments were then proceeded with on the propositions already laid down on tha imthority of the law cf 15(53 relating to the limit of church acquisition, and ill continue con-tinue until adjournment. |