OCR Text |
Show IXTERESTIXG ARUUMEXT. 'Inprojier rrocrdnro Had la the Chart!) Casf. This morultig an argument took plaw Lkforo JudpOjKane, btlirecn United fitaCea AUoriiey Varian oh Uie part of Uie government and J. Tj. Rawlins on tbe part cf the other parties concerned they can scarcely scarce-ly be termed cither defendants or intervenors which was very Inter-rtUog Inter-rtUog to lawycr-aod Involved the validity pf certain proceeding that have' taken place In connection with Hit escheating of tlie Church properly, lfie argutUeat was had on the following moUou: In tbs Ihstrict Court of tho Third Judicial District of tbe Territory of Cub, bait take Connty. In the matter of proceedings for tbe forfeiture of certain real estate, form-erlT form-erlT held, and owned by Ihe corpora-Uon corpora-Uon of the OnareH of Jenu Christ of L Jer-dif BxluJL Please take notice that we appear in this action for Francis Amutrong, AcguaM. Cannon. Jeue W. Fox. Jr. and tbe Cnurch of Jesus Christ of Lat-tcrlTNlots,for Lat-tcrlTNlots,for Ibe punoofthls motion only, and no other purpose, and upon the Information tiled herein br A. If. Oarlancl Attorney 0neral of tile Vailed Shal), and O-rse h. llers, Aitoroey of ll.n united &.ates for tbe Territory of Uuhilho monj lion and u.fcbif at mod btreiri du-i irlta "13 the marshal ot the I.Uind b.' Utaband the return of Frank H. liver, UJj.Manbal and aiitbo procceduijs of record In said matter. We. shall move, tho court a' tbe Federal Coon llootn inalt lak City Trr'toryof ntah.on thotrxh ilycf rie-eni'rtlS. "t the ottnlnr of oitijt oil lhaiuiora.s iJOtl itSfcirtSf- tl eonul can be beard for an order that lfcesV.J inonulon and atlachmtnt, tbe allrsedsetrtca tberccf, and all proceedings pro-ceedings tbercon bo set seld', and Uiat tbo whole of sahl procvedi(ic. Including, Includ-ing, said information, bo dismissed ymJi. ookt vpou the lUtlowlog gromuU: If This courthat no Jurivllrtloa ol lt)evitect matter of a!d proreediag .00- Of tbe property or any part thro-tf thro-tf described In slid in'orltutlon; nor 0ftherHrtlc5nho interests, rirht or UUe tf, lit cf tl Kill proHerirdre soigbttat-3 atlMed, forfeited of-escheated. 2. There are no rortlea to, or nanieil In,, said rrpccedinc tTnJ-jof Uikhi either jiUrntlus of tfc-fendanis,,and tfc-fendanis,,and said proceedings botbg directly apilntt prop-ry in rca Is contrary tt law atui tbo practice of tfcl court and wbollr UD-sotborizoi. 3. No compUIatbas bees illeil in said procecdicg naniloe tbe proivr or any parties cuber plaintiuT or defendant defen-dant stating -any cause of action therein whatever, in conformity with law. 4 No anmmona has been issuct in said proceeding directed to any oiScer for service, tiqr has any service been made of any nummoni, monition attachment at-tachment pr ether froGcss npna ai person or l.Ty whoso Interest in sawt property ii sought to be attectetl by aid proceeding. 5. J-ald proceedings and each and every part tboreot arc Irregular and without warrant or authority or law and contrary to Uie practice eit ibis court. C. This court has no Jurisdiction of iaU nal otate for that the same is In tbe custody cf the Supreme Court of said Territory tbrtugu its receiver, and no lawful aUacbment and seizure thereof haj been or an bemads under or by virtae of any prtx-ens of Ibis oouru Anj jjiJ pretended altaeb-nienl altaeb-nienl U Irregular and old. 7. bald process ot monition and attachment at-tachment was notillrrcted to in) otS-ccr otS-ccr knon n to tbo law but "to tbe marshal mar-shal of tbo District of Utah" and tbe pretended service thereof made by Frank 11. Iyer. Unllcd Matm Marshal, Mar-shal, wbo l and was at the Ume cf said pretended service tbe receiver appointed ap-pointed by and required to hold said Eroportt, lor sal t bppremo Court of tali. To George fc. Peter. Attonwy for the United Ma'esfortbe Territory of Utah. bus kk A Hawmnx, AttorneysL Mr. Rawlins teasonud with great ability ani eieurnns In sJport of U10 foregoing prorosltlous, maintaining main-taining that Uie enly orJerl,rcr-talii, orJerl,rcr-talii, pnqrr and lawful mithod of determining tbe claims of the parties named In the tujUoti was Uiat re-scribed re-scribed by the code of civil prjccil-ure; prjccil-ure; that til- (aities In iutere-st whose rights In or claims to the properly in dispute w eto in jo. pirdy had a light to be apr li ed, by an Information which it u the duly of Uie government to file, of the facts or alleged faels upon which the claims of Uie govt rnment to Uie property in controversy wero taed. He showed that lhM procedure included Uie filing 0! a com-plaint, com-plaint, tbe issue, service and return of summon', tho opportunity to join Iwue by answer, and to liave a Jury trial. He held that the plaintlUin tin case, notwithstanding notwithstand-ing that it was thu hovertignty, had bo right to iresetlte. In its own Interest, an abnormal arbitrary atii summary method of nroie-dure such as had beeu taken. Mr. Yarian insisted that when the sovereign j roceeU against the property of oflendtm II has a right to designate tho tribunal before which tho proceedings shall be conducted, con-ducted, and the mode of procedure Uiat shall govern. He held Uiat the munition had been duo notice to all the world to appear In court and file claims to Uie propet'y In question. If any existed. Bjt Mr. ltawlius showed thai, even were this done, there still existed a quaudsry. The filing of claims by his clients did not remove the fact Uiat Uu; government govern-ment had presented them with no allegations which Ihcy could answer, an-swer, and that. Uicrefore, no iue could bu joined, and without an Issue there could bo uo trial, by a jury or oUierwbc. Judge Zme listened wiUi marked altenUon, and took Uie matter under un-der advisement. |