| Show THE CHURCH calp the developments at session of tue tho supreme court A session lesston of the territorial supreme court was held in a this city taday at 1030 1080 a in 10 there were present calel justice sandford and justices Bor boreman emair henderson and jull judd judge bareman read toe opinion in ia the case of the united states vaa ast T R cutler unlawful cohabitation the defendant defendant had bad asked for a rebear leg in his bla case but the court denied the motion on motion ofa of P L williams frank B stevens of nebraska was sa admitted witted to practice at the bar of the supreme I 1 I 1 court johnson and adams residents of utah and graduates of the law university of michigan made application for admittance to the barbut as an examining committee was necessary sod and the court had bad not sufficient time to devote to the examination the matter was deterred deferred tor for the present THE CASKS CASIO there were present in the court of counsel in tile suits bult of the united states vs the church of jesus of latter da day saints district attorney peters and mr clarke and distria attorney hobson for the plaintiff col james 0 broadhead Broad bead F 8 richards aba sheeks bleeks and le ard grand Y for the defendants and IF L williams for or the Hec receiver Be celver eiver mr peters stated to the court that it had bad been the intention to bring up the church cases but mr hobson had bad arrived from colorado but a low few moments before having been on ute delayed union pacific train which w wa due last night As there were some papers of importance to examine the counsel tor for the plaintiff desired a little e time to consult he therefore asked till this afternoon and said that the case would probable ue take the whole of the session w P r L williams said he be expected that today ft a final decree would be sintered in these cases and a disposition made of the prope iky so far as this court was waa concerned he be therefore wanted to lay before the court the matter of the compensation of the receiver he also wanted to take some testimony and to have his compensation as st at torney tor for the receiver adjudicated by ue tee court the court then took recess till pm this afternoon the following petitions were filed TUR BLOCK in she ike Bit preme court of the territory of utah united states of america plaintiff Flain plaintiff tiff vs the late corporation of the church of jesus christ ol of latter day saints and john T taylor lor late trustee in trust and gillord willord woodruff lorenzo snow erastus wFrank Sno lin 0 Pic richards hards brigham young moses thatcher francis M lyman oon john henry smith go goorge orge teasdale reber beber J grant and john W taylor late assistant i trustees i in of said corporation defendants defendant now cowe william A Pres Prest too Qa robert T burton and john defendants herein and respectfully represent to toe court and allege that on the nineteenth day ol of may A D 1887 they were duly appointed appoint ea by the probate court of salt lake county utah territory trustees tru steea to hold tale title to real estate beio belonging ugin to the church of jesus christ of latter latter ab day s saints having been previously nominated thereto by the of said church that as such trustees they now hold the legal title to block eighty el h ty survey vey situated in the city and county of salt lake and territory of 0 utah h known as the temple block that there are on said blot block k three large buildings two completed and the third in course of construction but nearing completion that said buildings have been and are being constructed by said church of jesus christ of latter day saints exal excl exclusively U for religious purposes and that the same have been and are used exclusively tor for the worship bof of god that the whole of said block bloc is ground appurtenant to said buildings and that the same has been in the possession of said church and used by it ever since the year 1848 exclusively for religious purposes and lor for the worship of got god wherefore your petitioners petition ers pray that the premises above described with the buildings thereon and the tbt appurtenances thereto be by prope order and decree set apt to said church and the title thereto and possession thereof confirmed in your petitioners petition ers asi trustees as aforesaid and tor for such suca other and further relief as may seem to the court meet and proper JAMES JAMBS 0 P F S RICHARDS LIGRAND YOUNG RAWLINS KAWLINS solicitors tor for said petitioners Petition ers THE TITHING OFFICE Is in the supreme court of the territory of utah the united states of america Pla plaintiff intia vs the late corporation of the church of jesus christ coriat of latter day saints Saint ti and aad john taylor late trustee to in trust and wilford woodruff lorenzo snow erastus snow franklin D richards richards hards brigham young moses to thai cher her francis M lyman john hear henry sin till george teesdale Tea edale heuer 7 J grant and john W taylor late assistant trustees ln in said corporation defendants petition yow now come win B preston robert T burton banou aud and john R winder defendants fend ants here inand respectfully represent to the court and allege that on the day ot of may A D 1887 they were duly a pointed appointed by the probate court of sa salt ft t lake cov nty taj utah territory trustees to hold bold title to real estate belou belonging gang to the chu church ach ot of jesus christ of latter day saints having been previously nominated thereto by the authorities of said church that as such trustees they now hold bold the legal title to tile the follo following wint described land and premises premi situated in the city sod and county ut 91 salt gait lake utah territory to wit A portion of 0 block eighty eight 88 plat A salt lake city I 1 survey bounded and described as foli follow oli lows low to wit commencing at a point lor four W 4 rods north ot of the southwest south west corner of lot lour four 4 in block eighty i eight 88 plat A salt lake city survey and running thence north twenty six 26 rods thence east twenty 20 rods traice south routh twenty two and one halt half 22 roes rods thence west lour fourteen teea 14 rods i thence south three and one half 3 8 rods bogs thence west six 6 rods fo 0 atle be place ot of beginning known as the tithing Off office icell property that said premises are held iu in trust by said trustees tor for the use atta aa benefit ot of the church of jesus christ ot of latter day saints that ahat they were taken possession ot of by the agen said church ol of jeus jesus christ of latter day salate when salt lake city was first laid out oat and surveyed in 1848 and ever since that time have been and now are used and occupied by said church that prior to july let 1862 buila ug and other improvement of ef the vs va lu in ot of several thousand dollars had bad bes been built thereon by said churchard Chur church chand and that it had acquired a vested right to and interest in said eald property before july 1862 and was and Is entitled to own sod and possess the same The therefore fore your petitioners petition ers pray ILA il the premises above described with the buildings thereon and the appurtenances thereto by proper order and decree be set apart to said church and the title thereto and possession thereof con firmed in your petitioners petition petit loners ers as trustees as AN aforesaid and for such other and further farther relief as may seem to the court met meet and proper JAMES JAMBS 0 BROADHEAD F 8 YOUNG SHEENS RAWLINS solicitors for said petitioners Petition ers TUN GARDO AND HISTORIAN OFFICE in the supreme court of the territory of utah united states of america plaintiff vs va the late corporation ot of the church of jesus christ of letter latter day saints and john taylor taylor late lane trustee in trust an and wilford wilford woodruff lorenzo snow erastas snow franklin D richards brigham young moses thatcher francis M lyman john henry smith george teasdale Tea adale heber J grant and john W taylor late assistant trustees in trust of said corpor defendants petition no now or come william B preston robert T barton and john RW dwinder inder defendants herein and respectfully represent to the court and allege allece that on toe the nineteenth day of may by A D 1887 they were duly ap appointed by the probate court of salt lake county utah territory Terr territory itry trustees to bold title to real es estate te belonging to the church of jesus christ of lit latter I 1 tr day saints having been previously y nominated thereto iby the authorities of said church that as such trustees they now hold bold the legal title to the following described land and premises situated in the city and county of el salt of utah to wit the east half wot lot six 0 6 to in block seventy five 75 plat A salt lake city survey described describe das as follows Comme commencing neing at the northeast corner of lot six 16 6 in block seventy five 75 plat A balt salt lake city survey norvey anu and running thence south ten 10 ro rods a thence west ten 10 rods thence north ten 10 rods thence east ten 10 rods to the place of beginning known as the gardo house and loth lot that said premises are hel held in trust frost by said trustees lor for the use ose and benefit of the president of that body of religious worshipers known and called the church of jesus christ of latter day saints as a parsonage and the president of said church has made his bis tome and residence thereon ever since the year 1878 the following described premises lying immediately west of and adjoining the premises above described viz A part of lot block seven ty five 76 75 plat A it salt lake city survey described as follows commencing at a point ten 10 rods west odthe of abe northeast corner of said lot and running thence south ten 10 rods thence west seven seve n 7 rods thence north ten east sevena seven 7 rods to the place of beginning known as the Historian office cell and grounds are and have been ever since the year 1878 a part of said parsonage and the building situated contains the church library and records that the legal title to said last above de ascribed scribed premises is vested in one theodore mckean who holds it on the same trusts and for the same porpoises as those hereinbefore set out to wit as an a part of the parsonage or residence of 0 the president of said church of jesus christ ol of latter day saints wherefore your petitioners petition ers pray th that N t all the premises above described bed with the buildings building thereon and the thereto by proper order and decree tia ba set apart to said church as a parsonage and the title thereto confirmed in 1 toe the respective trustees who now BOW hold the legal title to the same and lor for such other and further relief as way may seem to the court meet and proper JAMES 0 BROADHEAD F S Ri CHAs LEGRAND doting yoting RAWLINS Solicitors Solicit for said petitioners Petition ners ers P L williams called up the question of compensation to receiver dyer and bis 11 is attorney chief justice sandford said the court could not entertain the matter and said it should be referred in th abe 6 winner manner usual in ia suea such cases A referee would be appointed to take testimony judge judd suggested that perhaps counsel for both sides could agree upon a suitable referee the counsel cOpf conferred erred for a short time and agreed upon judge E T sprague who was appointed 1 col broadhead Broad bead inqui inquired reo the scope of the order and mcwilliams mr williams aepli ed that it was tor for services soi the receivers ce cirt vera attorney up to date and for the receiver himself to date and a rate of compensation for the future judge sandford the or oer will be to both sides feiore afore approval the referee will biake testimony as to the value of the service rendered 0 to o date and examine toe the ace accounts bunts pf af the receiver there was some further discussion w 66 t t ful lerf jert but the order of the court unchanged toe the referee was instructed to report by the first jerst day of the january 1889 term mr hobson said the counsel on both sides were endeavoring to come to an pils as to the terms of ni decree there was con real estate that the government 0 claimed would be corfe ted and inasmuch as s it was in the heads hands 0 of I 1 a receiver be asked that the moot meat be permitted to commence suits lor for the forfeiture of that part of the church property col broadhead said they could make no opposition to the motion but would contest the cases when suits were filed the order asked for was granted mr peters asked that francis armstrong g and jesse W fox be made parties defendant to the suit granted col broadhead Broad bead said the counsel on both sides bad agreed upon all the facts except as to the escheat of the personal property that had bad been submitted to the solicitor general at washington this had bad been done torvold to avoid taking a vast amount of testimony no answer bad yet been received from the solicitor general but it was expected dally if no reply came by monday morning some gome agreement would be reached here and the case submitted the court adjourned till monday at 11 a m |
