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Show THE CHURCH FUXR REPORT OF THE MASTER UPON ITS ULTIMATE DESTINATION. The Public Schools of the Territory Elected I As the Great lleoellrlnrj The Prln- ciplc of Polygamy Elabor- I a'.ely DIsciM9.'d. j Judge Loofbourow to whom was referred. I under direction of the United States supreme! court, the question of determining what use! shoutd lie made of the church personalty, went before the clerk of the territorial su- preme court late last evening and Bled his report which award Um jproperty in quess tiou ti the public schools of Utah. hi his report, which is quite voluminous! muster in chancery sets up the matter of his immisslon on July 1st, last, and reviews l.i- proceedings which were begun on Octo- ' tier ! Hth, last . Tin- liearingof not only those who appeared upon the record but all parties par-ties who had schemes or measures for the proper application of the fund. The cvi-el' cvi-el' ic e-in support of the several sc hemes accompanies ac-companies the report and appears in full. The defendants, Wilford Woodruff, Lorenzo Lo-renzo sn-.w ct nl., have presented, through their attorneys, a scheme which involves I hp vesting of all of said fund in the tirt presidency presi-dency of said church in irust lo invest thp same and apply the proeeeds thereof to the relief of the poor of said church, ocoording to the judgment and discretion of s..id lirst pn sidency, anil to the maintenance ant repair of places of worship .for the members said church. I It is alleged amongst other things in thci said application, that ever since the organization organ-ization uf said church the members thereof wei - accustomed to make, and from time to time did make voluntary contributions to the fund of said church. That the fund now to be applied by the court was made up nl such contributions made by the members of said church exclusively, prior to March 3, 1S.S7. 5 That ever since the organization of salt church, and down to tin lime when said fund was taken possession of by the' receiver re-ceiver herein, Ihe said fund has heeu managed, man-aged, controlled and disbursed by and under the direction of the lirst presidenc y of said church, and was devoted and ap solely to the religious and charitable uSai in which the said church and the incmbcVs thereof were interested. That much the larger part of said fund had, prior to Mnrch 3, 1887, been devoted to the building of temples, tem-ples, meeting houses and other places of worship for the members of said church, and to the relief of the poor and distressed members of said church, their families, and to the widows and orphans of such members who were in needy and distressed circumstances. circum-stances. These allegations are in the main sup. ported, by the evidence adduced before me. ll is apparent by the foregoing state, incut, that the scheme proposed by these defendants involves the placing of the fund In the identical suiue hands, and to be devoted de-voted to some of the identical uses to which it was being applied at and before the dissolution dis-solution ot the corporation, and at and before be-fore the time when the decree in this cause was entered. tasters and supports them, their teachings I must neessarily have an unhealthy taint. "It can only he when the chujeh revises its creed as' well as its practice, that the schools organized to teach its doctrine will become wholly objectionable from a stand- j point of sound public policy.' Tho advantages ot U i schools under mor- j mon patranagc arc compared with those of i the public system under the laws of the country. The testimony of George Q. Canon of the first presidency of the church concerning the objects on which the feud was to he be- j stowed is then reviewed and tiic master summing sum-ming up says the uses to which this fund ' was put to in fact was "the building of tern- j pies and meeting houses; they built and operated a theatre, constructed w ater dams j and canals, invested in stocks, constructed and operated a telegraph line, had bands of horses and herds of sheep, they eon- trihtited to the poor of their church, -do- I rAted to the Indians, contributed to their church schools, and made other disposition of the fund as the lirst presidency directed." j The master's deduction then is that it was j the intention of the contributors of the fund i to leave its use to the discretion of their leaders in the church. When the sources from which II was con tl touted, continues Ihe master, and the uses to which !t was ap- plied are considl red together the fund is i impressed with the character of a religious; and charitable fund. But it cannot be said that any, Specific charity was within the purview pur-view of tho donations. "Education, properly directed, is a legiti- i mate c harity, it Is in fact the broadest charity. It is directly in line with forme r uses of a considerable part of the fund. The application to the public schools is a use in the highest possible interest of the mormon people. "This fund, supplementing the proceeds of the real estate, of which congress has already al-ready made a like applieut ion, will make a handsome endowment, and, with wise legislation legis-lation for its government, will make our public pub-lic school system the crowning glory of the commonwealth." Referring to the claim of Weber county and others the report recommends that they receive their proportionate share of the benefit ben-efit from the whole fund. The ultimate facts material to be considered consid-ered in determining the application to be made I tiud to be as follows: 1 The fund in question grew out of contributions, con-tributions, made yearly in small sums by the members of the church of Jesus Christ of latter-day saints to said church, and out of the investments of said contributions and the income thereon; said contributions being in the nature of tithing, exacted by the church of its members. 2 The intention of said contributors in making said contributions was to pay to the church their tithing fot the support of the church and to be devoted to such religious, charitable and other uses as the first presidency pres-idency might direct. But that no specific charity w as within the intention of said contributors, con-tributors, it being the intention of said contributors con-tributors that the disposition of said funds, as to how they should he expended, should be left entirely to the discretion of the lirst presidency of said church. ;l That said fund was in fact used by the first presidency for the construction of temples tem-ples and meeting houses, for the support of the poor of said sect, for educational purposes pur-poses and other uses in the discretion of said lirst presidency, 1 That since the rendition of the decree in this cause the practice of polygamy has been abandoned by the Church of Jesus Christ of Latter-day Saints, but tiiat tho principle is still retained by said church as one of the tencnts and earnidal point of its faith. The master then makes the followsng recommendations: rec-ommendations: Wheretore I beg to report to the court and recommend for its consideration and adop- tion the following scheme for application of the funds in question: I That tho said funds lie constituted a permanent school fund for the perpetual endowment of the public schools of the territory ter-ritory of Utah. a That a commissioner . he appointed by the court, to have custody and control of the fund, to loan the same within the territory, terri-tory, in hulk or in parcels, on real estate and personal security, or invest the same in school or other municipal bonds within the territory, either at the discretion of said commissioner or under the direction of the fcourt. , ,8 That the sntd commissioner be required Lto ente r into bond in such sum as may be "fixed by the court, with sureties satisfactory i to the clerk, c onditlonod for the faithful execution ex-ecution of tlie s.iid trust. 4 Thai the said commissoner be required 'to report to this court under oath on the first day of January and July of each year the amount of the funds in hand in cash, the amounts loaned or invested, showing in detail the. condition of such loans or investments and the amounts of interest inter-est received thereon up to the date of such report. 5 That the income from said fund remaining re-maining after paying the salary of said commissioner com-missioner and other expenses of the care of the fund, lie and by the said commissioner apportioned ratably among the several counties coun-ties according to the number of children of scdiool age in each, as shown by the last proceeding pro-ceeding sediool census, and the portion so allotted al-lotted to each county be on the 1st day of January of each year paid over by said commissioners com-missioners to the treasurer of said county, to be by said treasurer disbursed for tlie maintenance of the public schools of said county in like manner and proportion as school taxes collected in said county are disbursed. Kcspect fully submitted," C. F. I.OOFBOCIIOW, Master in ( 'hancery. i ti" master lien' inaKes reference to the decree in the case and quoting from its lind- itigs say.-: My understanding is, that all the uses to which this property was being applied by this church and its controlling authorities at and before the commencement of this suit, rest tinder the condemnation ot this decree. It is adjudicated that the property cannot go hack to any of those uses. Tho direction of the supreme court ol the United Sfntes (if I read it right) klthat a master he appointed to etc -wcAlii scheme, some other use to which BMr. H HI An i made t ' , ip ure of success it is quire ) to show that co'ndition . iW:miwH since the adjudication iu this lease c 'H made, ' J I'u! I have nol supposed Hi ijfl force of the deen 0 a- an adjudlcat on can avoided in that v. ay. H To adopt the scheme suggestO' by thesW defend ints would iu my udgl cut lie. tef practically annul or disregard the eeree under un-der '.s hu n this court and its mastc iu thanes than-es ty are now acting.) The report then makes rcfereti 0 to the claim of Hrigham Voting acadetnyt Provo and the plan prepared by Abral i ct at., who demanded such !Mf fund as wu- ne 'cssary k the civilian ..ml maintenance of the lnsHftion. Attention is called n the claim upon the fund launched by Willard Young, president of "' 'he Voting University," about to be foundc d in Salt Lake. The report then takes upthegaseof the United States, which is presentclj through its attorney Hon. (J. 8. Varian. Hie scheme presented by the latter is that the fund lie applied to tlie ii.-e and for the henellt of the common sediools of the territory. Comment, iug on these the master says: "The applications tiled on behalf of Brig-ham Brig-ham Voting academy and Young university show that each of said schools is a sectarian institution under the control of the mormon church, for Instruction, among other things, in the principle of the gospel as taught by the e liurch of Jesus Christ of latter-day saints, and for instruction iu the higher grades, in science, literature, art, etc. "A part of the plan, purpose and scope of these- schools appears to be the inculcation of the doctrines, tenets and faith of the church of Jesus Christ of latter-day sainta, which, according to the evidence adduced before me, still embrace the doctrine of polygamy po-lygamy or plural marriage." The manifesto issued by President Woodruff: on September ''nth, lS'.K), bj which it was claimed the Creole Creo-le e of polygamy was abolished Is also reviewed in the report and the following quotations made from tho president's P'stl. ninny while under ernes rvamlnatlnni Q. Mr. IV InitT, is this exhibit ". ." ante an-te m 1 !o this paper, the original mo Ifesto or announcement by you, or is not tl is one that Wat made subsequently in :ms er to statement) appearing in the telegrapt ie dis-pab dis-pab lies of thee press of the country:' A. I never made but one that 1 recollect. Q. Did you understand by this declaration declara-tion n tenet or principle of faith of the church over which you presided Wat changed in any degree? .. No sir, I jlo not know that I did with regard to the principle. Q. Docs your church derive its principles ot' faith and rules of conduct from the bible, the hook of mormon, of doctrine anil cove, nanta and the revelations of Almighty Godf A. Yes sir. Q. Was the principle of plural or celestial celes-tial marriage derived through a revelation': revela-tion': A. Ves, sir; the principle that has been adopted by the church was. tj Is not the princhilc of plural marriage still a tenet of the' feith of your church A. Yes, I believe ihe church beiieves in the principle. y. Would It not have to he changed y the same power and authority from which i! ts delivered? . 1 s, sir; I may remark that aprinciple may lice believed in by the church atruo principle, and still not bo practiced. (j. You don't understand then, that the people of your church indicated, by a. ijiq.t. I iug your declaration, that their views of .. I RfB upon the principle Involved were a; t : changed, but only that they were will;: ,j your advice in submitting to tin ditlons that confronted them? 1 A. Yea, sir. I view that to he about the ground. I Commenting the report says: "A a-pcf in the doctrine or principle of. "jiAttljilfc is not criminal. The church ami its"' piiiWh; illty when a'ciflfel its practice, which they claim' H done, still It Is not In accordance H sound public policy to permit or cuciH edV t.;,l ni . pi oiiH "This fund has, slated in tin- dccH the Bftpreine court of the I'uited S vol veil to the I'uited States. Ii I, n J and t hi' duty of the government to -eiH it Is limited and applied te use., lH objei Hon. f fh, -I. eH iau schools are faithful to the |