Show THE CHURCH CASES the arguments before the U S supreme court concluded the argument has been concluded in the supreme court of the united states in the case of the church of jesus christ of latter day saints appellants vs the united states on appeal from the su preme Court of the territory of iho terms of the edmunds anti poly eamy law the church corporation was dissolved and its property cheated es to the united states co J 0 broadhead and ex senator macdnald Macen ald of indiana appeared for the appellants they argued that congress ly the dissolution of the church corporation had assumed power that the act of the legislative assembly of utah incorporating po rating the church was in the nature of a contract which could not be impaired and that therefore the corporation could not be dissolved by legislative enactment the doctrine of escheat counsel further maintained never had been applied in this country to religious and charitable associations the only thing the government could do was to hold this property till the equitable claimants were found and in this case the title never lias been held by the corporation but by trustees who have hied claims for alie members in the court below there is no covering of right for its seizure and possession by the government jenks for the united states argued that congress had the constitutional right to dissolve this corporation po ration he maintained that the clause of the constitution giving congress the right to legislate for the terri i tories gave it the power to repeal territorial enactments he declared moreover that the constitution of utah provided that the acts passed by the legislative assembly should be null and void if disapproved by congress the express power to repeal territorial acts was thereby conferred upon the legislature of the federal government it was for congress to determine when and under what circumstances it would eser cise its power he also contended that the act of incorporation of the church was invalid because in conflict with the provisions of the constitution forbidding an establishment of religion he furthermore asserted that the corporation po ration vias rightfully dissolved for misuse and abuse of its corporate power and that the corporation might also be dissolved ho maintained there was nothing left for us to do but to appoint a receiver to take charge of the property of the incorporation |