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Show "the church case. Legal Aromtnts la lbs Territorial Supreme Court This Uornlog. "our.siiiL" hcni:ur.s k.xukfii our. Tno Only Left on Ihelltl. .trulriw lly Hon. '. S. Itldiardi ami At- tornfj n, 11, lllckion. What la generally kuown ai the Chinch caw-C-the United Htatca of America, p.lalntllV, ti. tho lata corpor. alien of lho Church of Jtaut Chrlat vt I.ilte T'day HatnUgde'endant damo up forarijumuot boforo Misjudge! of the Territorial Uupreruo Court Hill morn-Infr. morn-Infr. Tho tltlooeri, VVIIford Wood, rull, OtorfoCJ. Cannon and Joiepli 1', Uralth, wero reprtreulrd by lion. 1'. 8. Italian! nnd Attorney W. 11. Dick-nnjoutho Dick-nnjoutho tIJo of the Roverntnont wiru United Hlatei Ulatrlct Attorney Varlanuud Attorney J . li. Hawllnt. Aa boforo atatod In theio columni, the can now oomrs up for argument on flin report mmlo ioiuo time ago by Mauler lu Criancory Loofbourow, upon lho Iniiulry1 had beforo lilm with ri'Kard to the method of application of certain (.cheated property of tbo Church. Mr.Varlantald there waa a preliminary prelimi-nary queatlon which mint bo settled on the nierlta of tho cam beforo tho arguminla wtro reached. At tho hinr-IrifC hinr-IrifC beforo tbo Matter four achemta wrre prtwnleil one on behalf of the Church, ono on behalf of the Kovorn-menl, Kovorn-menl, and two outtldo of llitee one on behalf of the lirljiham Young Unl-Yertlly Unl-Yertlly and another on behalf of five couutlii In the Territory. Tbcto mat-ten mat-ten were biard and conildcred by Mailer Loofbourow, nnd after the cane 4iad been Dually iutmUu.1 tn blm another achtme waa prnentcd. It waa a written document. Upon thlt, tiled with tho Maator, no evldenco waa taken, and ubiuently Ida report waa filed, and uxieptlona w.ro taken thereto there-to by the pnrtlea propoilnit Ihla tcherae. Counael now ueilred to luterioio an objection, to v." ou rccoru, agalnit tho conilduratton by tho Court of any of theie outalde ichemn atlemlod to bo loJged by irtlea not connected Willi the litigation, litiga-tion, and who bad not birctofore obtained ob-tained leave of tbo court to Interreno nud bs h.ard. He had mado motion to strike out, lu particular, the exceptions excep-tions made by tbo Itrlgbaru Young Academy, and tlrougly objected to the consideration now of the so-called achetne prefouted on Ita behalf. 2?o outldirto tho litigation had a right to Introduce lilmielf luto the body of the ault, much less nflir the decree, taku up thu time of fttho court, and, therefore, a tionlon of the funds in coutroreriy. If these schtmes were to be admitted, practically prac-tically any member of tho Mormon" Church who cboto colli I como forward and aik to be heard ou any pet scheme. The entire people of that Church woro now befoie the court through tlulr choteu reprtsontatlTes. Mr. Varlati e3preaed hltdcalre to file, ou behalf of the Matter, a supplement to hit re-riort. re-riort. This limply stt forth that at the hearing had beforo hlul fuur schemts were submitted, that afterward!, about December 10th, lbUl, tho Hon. J. W. Judd pretentcd to lilm lho ttlt!on of A. U. Hmoot and olbura In behalf of tho llrlcham Young Academy, which he endorsed and filed on the day on whloh It waa pretentod. Nothlngwni done thereon, iiowoTer, twyoiid that he eiamlued the petition and brief eub-milted eub-milted and returned the petition with Ihnntlvlnal reltort. Mr. Varlauwldhebtlleved countel ou thu other tide were of the tame opinion as hlruieir,u hell ho urgid that tho outetde schemes bo not considered by this court. To this tho llou. 1', H. lllchardsasouted. Judge Judd ssld he had no Idea that II would be necitaary for him to Interpose at this time. When his scheme wr prrsiuted to the Matter, that gentleman Informed hliuthatlt was In good time. If that echenio wero now admitted aud considered, con-sidered, his clients would have no objection to pay their iharo of any additional Ul urcn the fuuda that might bo tuourr.d. Thla scheme, ho Iniltted, prientod abaolutely more merit than auy or the others. Judge Judd aaked Mr. Varlati why he did not bIto him notice of hla preient motion. Mr. Varluu I do notrooogulie your right. Theu why ahould I glTo you notice? Theludgeacontulted and Chief Justice Jus-tice Zaun said Tho court la ol opinion that the application ou behalf of tho Ilrlgham Young Academy, filed with tho matter In chancery be stricken from the (lies and that the Bpllcatloii for luuro to lllo a petition now on behalf of that Institution be denied. Theargurmnti will therefore!) confined con-fined to the schemes prcseuted I) irtU to the suit. ...... . . Judgu Judd romnrked that lie had prepared a brief upon tboschimo presented pre-sented In his position, which of course would be applied upon the arguments In a geneiul way. It dealt almply with the main ground of the question, and he aiked leevo now to Die It. Attornoy Dickson said hlsiildowero willing, of course, to admit Judge Judd'a trie! dealing with lho miln lue',the only objection waa to the In traduction nt unythlug relating to the llrlr.ham Young ucademy. Thu court admitted the brief ou thla undert landing. Judge Hullo then Intltod countcl to proceed with the arguments, which ho allpuleted mutt le coullued to two days. It was. thorrfore, mulually agreed that each side ahould occupy ono day, nud that Judge Judd should liophcn reasonable time. Attorney ltlchard W. Young hero came forward and observed that he presented to thu Master, nt the hearing before lilm, n tchemeon behalf be-half of the Young University. Ho ssked whether tho decision of the court III reference to tho Ilrlgharu Youug Acudemy governed the cute of these jwtlllonera whom ho represented. repre-sented. Judgo Zano The mint rulo will apply to your Institution us well. lion. I', a. lllclurds then iroceeded with hta argument on the nit of tbo Itlltloncm. llo preiumed that thero ere now only two schemca unde r oon-alderatlou, oon-alderatlou, lho ono that of the CloTeru-ment CloTeru-ment asking that thla ro erly of the Church ol Jesus Chrltt of l.alter-day Halnta be aet apart fortbuutuof thu public sehools, and th other proposed by the yirat l'reildency or thu Church, asking that It bo devoted to certain charities, emimirated In the scheme, for the benefit of the Church. CouiMei then dlreolod attention lu the latter scheme, and etttcd tho substance, of thu same, llo said It wis clearly proven before lho Matter, In evl Joule, lliatthlaproerl),orlhsso fundi, tml been contributed solely by members of tt e Church for religious and charitable turiioier, and Ibat the same waa under thedlrutlonof tbo l'lrtt Presidency. An elTort was made on the rati ol the government to show that Ihu irposea to which thu fund should be npIleil were general and might te devoted de-voted in any way lho Urst Presidency nip;ht sio fit, but a careful examination of the whole testimony testi-mony show ed that whllo It wai under their dire. Hon nnd lutjfct to their control con-trol for the support ol tbo poor, tho building or tciu.lc, and the repair ot houses of worthlp-itlll It wai left tu th.lr discretion in that record only. Aato tltlilnt tuatwataiurely voluntary volun-tary contribution by the members or the Church. No man's fellowship Was railed lu qutsllon becntllo hu did or did not mako this contrlNitlou. He siiposrd that tho reason why" lho Master did not apt rove r.l tho Church scheme was because bo waa rco!uued from doing so by tho declio of tho Huprtme Court of tho United tjtales. A largo part of this fund bad been used for years for lho t eneflt of the poor and dlilrcitrd members mem-bers ol tbo Church a larger tutu thau could ois1b!y arlso from the Income of thlt fund. In view ol tho clrcum-tlanietof clrcum-tlanietof thu ciue, It would Lean nl surdity, of which neither thlt court nor tho Hu promo Court of the United States would surely bs guilty, to ia)i "Wo will set Rtlde these lawful trutta and uses, which were tho actual Intru-tluiisof Intru-tluiisof lho donors, aud hunt up soma other ute that most nearly corrttpoudi lo these lawful uses, audsubstllute that for It." Counsel dwelt at aomo length with ibo cato of Itomnry el a!., wherein It was claimed that thoy and tho other ruembora of the Church on whoso behalf their petition waa filed weru equitably the owners of such property aad bene flelallyiutoreited therein, nnd pointed out tho clearly np arent dllUreuco between be-tween that claim or achemo nnd the preient ono. One claimed the absolute and unrestricted ownership of tho property; the other only asked to hnvo Ita procoeds applied to some or the uses fur which It was contributed, In conformity con-formity wllh thedecltlou of the court. Ileildesthe dIUercuco In the Issues, IhnpM . AmithMr r. linn tvlitf Him Itomueyaiplliatlon did riot bar the preient one. Tho Supreme court of tho United States, lu Ita opinion, clearly recognised tb a fact. It wai clear (rum the ncor.lt In thlt case that the Supremo court of thu United States bad ui held Ibis legislation be-cauau be-cauau of what 11 termed lhe'contuuia. clous charucler" ot tho Church or Jct.nl Christ of Latter-day Halnli. It treated ou the question of polygamy and ehowed It to bo the raollca of thu Church. This lay at the foundation of this litigation. Counsel referred to what the Master In Chancery, lu his reKiit, had described as tho "changed coudlllone." and said It wan nbuudant-ly nbuudant-ly proved in evideuco at the late inquiry in-quiry that not only had plural ruarrlage lapsed, but had Iwen adsulutely forbidden; by tho authorities authori-ties of thu Church, auy person who practiced It would be exoommuiij-cited. exoommuiij-cited. That appeared prominently In tho tesllmony aud could lint be controverted. con-troverted. What moto could the hi ads of the Church hnvo said than they did on this subject? In view ot theio facta, and that tbo Church had eliminated everything Illegal iron ita prerupta and practices, tboro was no reason and there waa no excuse1, for any longer withholding tbli property from the Church. Ilia pelltloueis might with good conscience aud good grace liavo eome before the courta and asked that thla property lenbsolutely turned ovor to thu Cniirch.llut they did not do this. They wero willing that thueafeguardt of the courlp of law ahould be thrown around them, nnd to show lo thlscourt and the country that they were lu go. d fallh In this matter. Tliey uid int nsk tho court to lace this fund be) ond Its reach, though lie believed Ihsl If tbry did so It would ultimately grant the ajiplliatloii. Aud hu believed It ought to keep this fund, by all means, under tho rjo of the Court, but let It U devoted to tho urioio for which It was contributed. Biuli a thing aa the court was now asked to do by the government had never lien done lu auy tree country; and this court did not Kiittt tlie power to penetrate such an aet of Injustice nud oppression. Tho proposition or tho Master to devote the property to tbo uio of tho putllc schools it not only wholly devoid of every element of luttlcuaud equity, but waa opjioaed to tho decltlou of the Supreme court of tbu United Htutes, and repugnant to the very geulua of our government. It asked the court to arbitrarily lake property which had bieu donated by Ita membeis, aud divert It from the lawlul charity to which It wot dedicated to another, with dlllereut beneflilarlea who never contributed one cent tow arda tho fund. Atlornow W. 11. Dickson followed, lie showed how thu rundtuil boon created by mi tubers or tho Church and stated fully the Intention of the donors. lie argued that the court had uo jiowcr to grant tbo application of Ihe govern-meut govern-meut III this matter, nud a-ld that ue couit ut Justice either In this country or lu Kugland had uver undertaken t execute tueli power to do such an uutragioui thing as the govern roeut asked this court to do wllh the Church's )rocrty now. It would 1m a letting Ulsgracu and shsme to this or auy other free country to undertake by Ita loglilatiire or count to perietralu luch a wrong at this would be, Counsel then proueeded at leugtlittudltcusaandquettlou thu pow or or the court to accede to want tho government sjught to obtain, an I quoted largely from English und other legal authorities lit support vt his contention. con-tention. Mr. Dickson began his argument Just beforo noun, aud wns speaking when the court adjourned at 1.I.3J till -I'-m- |
