Show CURSE COURSE I 1 opinion OF awil E COURT Z A 11 N IVI ell I 1 5 say the three all legal ili 11 ad ol 01 judicial 3 at saturday DK the territorial supreme kunrt inet in ia salt sait lake cit cilly fur for the rendering a decision in relation to tho motion to appoint cint a in tho case of 0 the ek am rk ys ebli cormon church corporation all ol of the judea jud gee were present as were district attorney peters and assistant district attorney clarko clarke on behall behalf ol of the government and J 0 broadhead and r F B S richards Richarc lg on behalf of the church john dwinder KW 10 inder Vinder one of the assistant trustees tees was on many of provo and were spectators outside the railing a large audienna audi enca gathered ga and liste ried with silence and strict attention iod on we open ing of the court the clerk read the minutes of the previous faission and then chief justice zane delivered deliT ered the following decision 11 n sha supreme up reino bourl of the i territory of cf utah june turin term 1887 united states of america plaintiff Litiff va s the church of jesus christ of latter day saints faints et tit hi zane Q CJ J the complainant filed in this court its bill fa chancery th ancery n uder lit an act of congress in force march ach ard 3rd 1887 the bill prayed that a decree be made by this court forfeiting for el i t the chai character neter and aad dissolving 1 tho t it 0 corporation torp oration known as the church 0 of f jesus christ of latter day saints as el a well ili for the I 1 appointment of a receiver for or the assets of the corporation until disposition could be made thereof according to law bud far yr other relief the motion forsbe for the appointment of a receiver is now submitted for our decision on the bill and the facts us stated in a tion entered into bythe by the parties and filed in the case on the ath day ot of february 1851 the assembly of the so called state of akier DB eret I 1 afterwards organized as the ter aitery of utah passed an ordin ance incorporating the church ot 0 jesus christ of latter day saints after the tha organ organization iz alioa of the territory of utah this ordinance was xe re ell enacted acted january 18 1855 1815 15 by the legislature and approved by the governor of the territory orv this is ia the charter in question its terms are ar 0 as follows fol lowB an 0 ordinance incorporating the church priebus christ or of latter day 8 aln in a 1 rd D it af pf p iiames bj the Asee tribly t ile state of besci cu t Ibn tall ahl of tile ilia ail batall a or of said aid att 1 I I 1 e it now are or become re rehl jenn Ihei eln anu winch high uie alo knon aud and as ai the church ut ettin or fraiter day sitona Sit Sal lna fiks lire hereby made nod bod deals red K body corporate elih per I 1 u c co ion under tb thu original name and clyl 1 1 s 0 of f bithe the church of ojean jesus christ of la tier luy lay lafi int arnow B norv tiiu wi it full pow trind authority Bai hoilly to I 1 ba thodi defend uil W in all 11 courts or III this state to lo so e lailiah ordain ami land hold and and barsou por 61 dile anti have anil ad ugo aaa it is sal which tich they essy alter al pl cleare eare sea blo 2 1 and bo be it ordained that said boily ut laurill burla is sk 1 n amy nitty inay i HI tt A yonna general ir special a I 1 con torun ce el ol at onu ono 1 I irneli ausk a lu in icum and not to 1 AX I 00 conil I 1 twelve tru tese to rr Delve elve hold buy sell edt inn naga ire and control the real anti ana lial laid aid church vald alil property pro party ullie Ul lle be fie frea from tita awu hicks trustee null and biskant bi stant when elected or appoint edo shall gIo dimidi Iud approved security iu in ilia ibe may dbent sufficient lor the ARM Everi il daller which bonds when be filed ike kehnl ra H tile ilia moat et of general church bu buaquen bua ninel iuen ahou salci bon diara deare approve approved a by said ami tali bald trusted aal ab travle ahill nd a at t of olur th atud thura libell olio also Us in made by ol 01 of 01 said a ceril rica is of such inch election ule cllon of said truslow md and amla 36 lant alisch 6 11 be b jul in ibn he go ii irl church recorders recorder 4 ahia al 1 l th the to hl of church and when id bonds bonda tra ore ellel ind id daAres rt corded dod sald bald or real or pe roul by gift donation do nallon bequests ba quit or say any bannert Qin not incompatible WILLI the iba principles 0 if or llie like rules rillon of too leu lets iniss annn bueb as theline iha the iata sine shall ua be used br of fori abo benefit improve went ul erection of houses for far public wor war hi hip and ad jul 1 tiuis tha 7 well bolua it if ald ill church siso 8 adlo Bd lo aj ordained thai ok BH as billil il pllumb buldo liu lili the llie mil if r 1 right if in with all civil 1 mid nd I to corll worship p fetid jil to I 1 ika he 0 of f condei escoll to t e lomason on agre ably to ii the llie of truth in nd to a I 1 ze with wilb the r of jesus carlt for ilke so ns euphy and full atall or all anti uil ift ia lh religion rI Ilor of beau chrit free to 11 it etli it ilo igo domarad ill that at bald aid church deoto and ball poll md and enjoy con call luu lousily the lie power rod nod it dhority tho rity in and nd or itself to pass slid ml tules rules regul it iu ordo law and wr ir llie bood order safety govern ineat i V ellia noo coul coullet lat and bon bongot jot lit bi pa mid and for the ahe ellk at 0 fori for relative to full fulla hip flip tc cording to 10 church L the ahn hurault or of film 01 ol aj tb the af 1410 F in is every capa elty of ss and happi neW temporal kempor lem por expel eap exp il I 1 vion or ra t UA I 1 in cre efto upon tile ilia crib r tty a 1 nol ot af legally ly b be 0 quentio nud provided hy In wever a v er I 1 that meet and every auli or I 1 clr w so et blida d r adopted lor lorla lV tr ft wn mi lil rolain alin it nir li kento if rations budow Il lents things r ili rw j twile f bian to 10 ili hn it sal C 4 tine P er nil ad lucra ii ityl ure tire not I 1 incorv ac or I 1 i ith alii or to tile lull t of f llin I 1 U lined staten or of thin stat v il hm bounded its in the ilia one or of the 1 I 1 rv 4 ami be 1 it r A ih ilat t alij I 1 d cah shall b 1 j L keep at evary dr fully i gaz mi zail d asch or ailko sla registry n 04 at births slid deaths free for it in to 11 or kraii ill mem members hen and for their i 1 up fit su 5 and be it i further ordained iliadi raint the ike dency of said church shall fl ill I 1 nil 11 of the aqui stant trustees necessary it to be oiled filled until superseded by h of laid church SEO SEC 6 et be U t further ordained that no alWa tant trustee or trustees shall trans trani nut lot business in m relation relt lon to buying valliant Ball valli lue alt or otherwise d of church property j w without I 1 phout the iho consent or approval ot of the ln in trust of said church 11 atio purposes oft of the he corporation as 1 it by the powers conferred it ito it it by its charter aro are aumer oui aind vat valad 1 d some of nf them it Is true tire in ili giua b but u I 1 tile carmelly cal melly is graniel to lo it hit t in vallous vai liua ways anti anil to wake laws ind anil with till respect to very veri luany Is in y the tha corporation Is IB von tined u no particular pur purpose pobe bB no precedent can ha be round found fur for ion con ferring upon a private corporation ruch as a variety of capacities some borne of them it is believed bel eved are above the reach of Is human u mail lawa law 8 the lawmaking law makine power of the ibe stater state for the tha purpose of bolter botter ROV gov eminent and for the public good gnoj enacts charters conferring it a portion of the powers entrusted to it upon the people of a city or a village others authorizing chari charitable charitan tab I 1 e educational cat ional or anu and others providing provi dink to fai various pursuits and enterprises chesi th 04 enches are provided in order that the people may niorA cork 1 ve and successfully co 0 wall operate for fir the rood good of nt all it and nd fur for tile tho all ad van cement ent of human happl mrs the charter era of a corporation shou should lit alwais for which I 1 the ho corporation Is organized and cowern r s adapted tid apted to that purpose di should I 1 he be granted Kr anted if the corporation if 1 to be a public ono one powers adapted to the regulation and to public purposes should tro lie 9 glab wilh such incident inci deat I 1 ca capacity pact ty loua fl may luay be essential to such ruch go an organization and aart no more inore it ItH should hould be allowed to eneal in general liun eia if a bharti r author izeki tile tion lion of it a to acquire and op grate a 11 tile he power li it lit in agriculture should not be so bi if R congregation iut desire to t purchase it 11 list of ir ground and tu to build a church and h A p irsol ir lawe arld to ti pul cm ploy a ilse charter should authorise the corporation to do 10 so but should not confer upon euch i till aa brgan Nation powars adapted to municipal governing go t or to tha purchase anti salo sale of if real and per SOUR I 1 i property il bout nor should such corporation engage in general business busi it la is an accepted doctrine that the common demands that private should he be limited ede each I 1 to a particular and specified purpose even when oo 00 II 11 lulled ml led they aliey often acquire great rent influence jf if the iha legislature ladd re by the tho instrumentality of tile the soine conater it amny the or of a pany for hit all pur plied p I IP if tile the colli company piny may enter upon every field ui of enterprise and engage lit in every vt ry pursuit and poly may ala aumill CT duct ty Y tho powers ofa h government and ht at the hie saine t rime I 1 trio fruity I 1 those hoor afa a religious eor cor por atlon lill be as never lefure the charter of the ch churtz u ach or justis chrs f das brints I 1 la tx t x r of the fit Bullio Illo rily it to confer u P 1 I and in ili ahe nu the varlet variety y baij bij i tile tha scholle of if the powers it aliceq la in the hands of nf a rell glom loui hol hody dy it declares in el that till all the mormon who tio tit HI lie time lime of its enacts enact ment meat were or who might afterward become resl denja odthe are a body cc operate with p perpetual t this corporation at the time of its la organization embraced nine lentils of 0 iho ot ina territory may many thousand of people at the he pree lill t jill linit S lq jt t s R hi Y I 1 hulff bliahu haldred rid red antl and and af efin in the future ado we pie should continue to ija be gathered in from asir quarters or odthe the globe as aa t they y me acen ficen in the emst imst emst imst their 1 n t at 06 distant d 4 wll wil a T A r I 1 on decoud page GRANTE 3 of OEM 7 frow frein first page the corporation extends over ilia ahola 11 no lKlIng g congregations iu ia var varied at ali the hend head of this thi body according to gotlie the feitli professed ica sour bear bud and revelator who receives reca ive ii coiela lions the will 0 J abo ln finto bod coni con bernini nini the duty ofinas to lilina blin elf self to his follow allow beings to society Booie to liaina ii govern overn ment menti an and it to god in tion lion to thlik 41 vaila num ber cill 0 officers of various finla and desoria ions comprising it most minute slid aej complete comp loto organization rhe composing comp compo ahlo organization claim to lo bu be directed and led lea by inspiration that la ii above all wisdom and subject to a power all municipal pil goberni ment above alt all mad mado laws thone theme fa facts belong to history hl atory therefore there fora we have taken holica of ill them em upon such a rel religious luious organization ni this thia 1 unusual and extraordinary powers power by this llila charter guch suca ai the right rii lit of 0 acquiring and ani 1 of real and personal pe ronal property wit without out limit and with exemption from taxation lite th authority to marriage aja accor ding to revelation tile the continuous ad ita am inherent authority to make dawir aej ic kitei Uong ion 0 the good arder safety foty government sovern ment convenience cowlard comfort aej an control of the to id esquival I 1 lent en to io bayink the people alfill ala f for L r th punishment or a ol 01 offenses afi anra rel aLivo to fellowship according W to church covenants coven acta that Is to siy may tha ali church or inflict ment il if according to its covenants covenant tf what those cove dauts may be tho the lie may iny not know further farther it la is declared that tile the enjoyment of life in every capacity of 0 public auld and temporal expansion afton tto earth way inny not legally be questioned here is a wide loid pi littman conduct far to agree not to question quest lou human beings hint have abe tie capacity tp associate publicly tor for very ivery mant purpose and ottili asforia tion lion may become diso disorderly ederly and require control in tho the domestic happiness happi thi professed to believe is 18 included clouded polygamy oly gamy in the estimation of others X orestia om estia huppin aas might include some other pra prance ace to society in Intha the ilia iame me maer ma mi er e 11 a expansion might P d direction dirc I 1 diction tion requiring control I 1 I 1 this luia braffit of power vas followed follo ned uy bap p that the taws tau B and d 0 I 1 ei AX dished should raita taa to 1 sacraments ceremonies cere consecrations endowments tithing tit liin marria marriages gem tel fel lowtrip or the religious duties of man to ms abaner ami mat me 9 virtue and la lacreasy crease moral morality ity and ate ale not with willi or repugnant io to the constitution of tile the united states or r of 0 this state and are founded in fri tho of the lord tile above terms solemnities sacra mentia corem briles and endowments may be ba pot gamy stud and u ui lawful w ul cob habitation abi tation in d disguise rl jt fact maTir lage is i included Jed jn in 1 terms ip tte charter without of the ilia V lad of marriage arriago iD this jn is probably the firpi time that taftt C any legisla legislature tuie committed abo regulation of aind nd tithing athina to a private corporation it ia 5 safe safa to assume that the tight hehl to regulate ref ulato such matters was wag nei never r before attempted ito be contracted away to a church or any other body of mad men nor are we e aare are that the right to regulate reg ulata mans duty 0 to o his malcer maker was ever include lu eluded d in a c can tracei and finally this charter brov it a tant bawa and customs oba ill pe a t founded dun dedin in tho the revelations of the all loud lord tills too probably probable is tho the art jibe a euprea i we I 1 rules and laws that a corporation corpord tion mike by ilia ha revelation revelt tiona atlon ol 01 I 1 ti laj L d and bakka make a grant thereal thereof io to 4 any person ro J natural or artificial in thili chait r the tha respondent the church pourch sh gained i u vested right upon ita acceptance und and that congress Co naras has no iio provo prove orto or to annul it avd ua no precedent for foi holding ill that t a 0 cohoot O ir a alo lion could obtain a vest tio in n a charter like this liar till tho territorial legislature the to gran a vested rig right it to such bach a charter I 1 I 1 1 I jhb aad ol of dartmouth collese collep tal fai woodward 4 wheaton heator he atou ban bait anen regarded as a Att I 1 ling the lion that blen he bb charter of A t private corporation cont fates a con tract a state and ilia corporation py this contract the corporation po ration in consideration of horation to benefit to ft the public obtains obtain a ased ested in tha charter arter unless the constitution or a general law of 0 the state or tao charter itself reserves tha thi light tot to 91 lint YB dmd no case holaine that a charter g brasted ahad I by the iho legislature ol of a territory |