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Show A CHURCH DECISION THE TITHING OFFICES, GARDO HOUSE, ETC., ESCHEATED. Text of Judge Zinc's Decision This Morn ' ing The Niagara Stock Case An Ao-tion Ao-tion Against the Rio Orando AVestern Court Notes. Judge Zane at the opening of the Third ! district court this morning handed down a decision which declares the Tithing Office, ; the Gardo House, the Historians Office, ! Church Farm and a half interest in valuable coal lands escheated to the United States. There were three actions filed under title of the United States vs. certain real estate claimed by the Church of Jesus Christ of Latter Day Saints. The actions, 6aid the court iu reviewing them, come under tho-laws tho-laws of congress approved March 3, 1SS7, which provides that it shall be the duty off" the attorney-general to proceed with such steps as are necessary to escheat any and altf property held in violation of the law of 1S63 which declares that it shall not be lawful far the church to hold property in excess ct 150,000 and all in excess thereof shall forfeit for-feit and escheat to the United States. "Two of the tracts" said the court, "were takea possession of before the act of 1962 and held by the church through its trustees at tha time and had been for several years. It appears ap-pears that the Gardo llousnj had been occupied by . tho president presi-dent of the church up to the time tho United States receiver took nossession of it. and an- plied to the duties usually performed hy such persons, and the question Is, Should" the Gardo house aud the historiau'a offie,. w hich is so connected as to be a part thereof,, be forfeited and escheated under the lawT Counsel for the government rely to a larg extent on a decree of the supreme court, under un-der section 17 of the act of March 3, 1SS7, to the effect that .the Gardo house and other property at issue was not used aud occupied exclusively for the worship of God." The court read the law dissolving tbx church corporation, and that which allows a retigious sect or congregation the right to hald so much as may be necessary to t ha worship of God, and under this latter seetiort the attorney general is directed to take tho steps necessary to wind up the matters involved in-volved in conformity with the law rcgulat. ing and governing the rights of persons to hold property, and the court shall have tha right to make such decree as is necessary to effectuate the transfer of tho property under section 13 of the law of congress. In order to do this, continued the court, it will be necessary neces-sary to get a description of and ascertain it the property was used exclusively for religious relig-ious purposes, parsonages or burial grounds. 4'I am disposed," said Judge Zane, 4'lhat; this finding was authorized by law and the court had authority to make it; and if I was not bound by that "decree, 1 6bould hold that the president of the church performing the duties imposed upon him snould have and enjoy a parsonage; and I have no hesitancy iu saying that "this Gardo house should ba set aeide as a parsonase for his use. An-other An-other question arisinsr is as to the value of the property a question whether this property prop-erty held by the church was in excess of that allowed by law. The Temple block was. certainly worth more than $50,000 and therefore there-fore the property comes within the law of 1562, and the court holds that it should ba escheated to the United States." Judge Dickson for the defense applied f ot i and was allowed thirty days in which to de. termine upon the-next step. , |