Show CHURCH PROPERTY all but the temple block declared forfeited THE HE APPEAL I 1 CASH CASE three quarters of a hillbon dollars the value talie ot of the fl Sel ehart inre 10 at session of ahe abe territorial SU supreme reme Court Chiet justice sandford as and associate justices boreman henderson and judd were present the suit of the united states vs the church of jesus christ of latter d day v saints was taken up ap in regard to toe report of referee E T sprague on we ac counts accounts and compensation of the be celver IT S marshal dyer and his attorney P L williams the court or dere dered d that the report be made at the next session november 17 mr F S richards said he desired to file ale replications to the answers filed on saturday to the petitions of wm win B preston robert T burton and john B R to have the temple block sett set part 1 tor or the a use 1 e of the church as a place of worship the gardo house and historians office properties 0 ert es as a parsonage an and the tithing I 1 t ing office ce property as having been a used sed by at the church prior to july let I 1 1862 an and therefore not subject to te esc escheat eat because because ot of the vested right which the church then had in said property the ithe replications were filed and mr richards then read the following petition tor for intervention and asked leave to file the same which was granted of utah the united states of america plaintiff vs the late corporation of the church of jesus christ ot of latter day saints et al defendants now come george romney henry dinwoodey james watson hudjohn and john dark clark and by leave of court first had bad and obtained file this petition to la intervention tion in n the above entitled cause on behalf of themselves and all others who are members of the church hereinafter mentioned and aad for their grounds of intervention allege that the said members are more than in num number berand and so numerous that they cannot without manifest inconvenience and oppressive delays in the said suit be brought before the court that all all said aard members have an interest in common with said peti in the subject of this petition and the questions involved in this suit wherefore said petitioners petition ers file ale this petition tor for the benefit of all said members that heretofore on the day of 1817 this court made an order to in the bove above entitled action appointing frank H R dyer Ae receiver celver of the church of jesus christ of latter day saints saint who duly qualified tsue ayli ar since has been and still IF acting as as such bach Bt Rt celver that since his hia said appointment said receiver nas has seized taken possession ol of and now holds subject to the order of this court the following described real and personal property to wit the petition then describes the temple block office property tithing pronty gardo garde house historians office mee church farm and coal lands also the personal property ertsin in the handset bands ot the receiver or of the total value of about exclusive of the temple block that all the said described property Is and at the time it wits was taken by said receiver was and long prior thereto had been the property of the church of jesus christ of of latter day saints and the possession thereof by said receiver is wrongful and without authority or right that the said church of jesus christ of latter day saints Is and for many years last past ban bam been a voluntary religious society or association organ iced and existing in the territory of utah tor for reli religious Rious and charitable purposes that said petitioners petition ers and the others i for whose benefit they file die this petition are members of said church residing adi g in said territory that said church became possessed of all the above described property in accordance with its established rules and customs by the voluntary contributions donations and dedications of its said members to be held managed and applied to the use and benefit of said church and for the maintenance of its religion and charities by trustees truo tees appointed by said members semiannually semi annually at the general conference or br meeting of sald said members tat john taylor the last trustee so appointed died on the day of july J 1887 and since his bis said death no trustee has been appointed that said property in the bands of said receiver is claimed adversely to said church said peti t boners toners and the members thereof but wholly without right aright by said Slain Vain tiffand is being wrongfully wrong tully with eld and diverted by said receiver from the purposes for which etwas it was donated dedicated and granted that L paid aid petitioners petition ers and the said members on whose behalf this petition is filed are equitably the owners of said property and beneficially interested there in and to prevent the diversion of the same from the said religious and charitable purposes of said church to which they donated and granted said property wherefore your petitioners petition ers pray that in case said corporation of the church of jesus christ of latter day saints should upon the final hearing of this cause be held und decreed to be dissolved so ivea an or order derand aad decree of this court be made and entered adjudging and decreeing 1 lathat that the said property belongs to I 1 the e individual members of said church and that they are authorized to ito appoint a trustee or trustees to hold manage and apply such property and money to the purposes tor for which etwas it was originally given 2 that the said receiver deliver the possession of said property together with its proceeds and income in his hands to such trustee or trustees as ina may Is be named and appointed at a general braf conference of the members ot of said church in accordance with its rules and customs 3 8 for such and further bellet as may be suitable and lust just TAMES 0 BROADHEAD F S RICHARDS LEGRAND YOUNG RAWLINS 8 solicitors tor for intervenors the plaintiffs filed an answer to the petition in which they admitted that the petitioners petition ers were members of the church but denied that they had donated the property in question or iny any part of it and asserted that it had been acquired by purchase it recites the history of the suit and alleges that the church used the property to promulgate fulgate its doctrines among which was plural laral marriage or poly polygamy amy that the burch church still maintain maintained maintainer ef all of its doctrines none ot of them having been repudiated the issue was as property 0 e arty mr hobson then reviewed the case and submitted a statement of the facts agreed freed upon the plaintiffs counsel also so suggested the findan findings s of the court in the final decree this this omits frob the forfeiture the temple block valued at but es ea cheats all other church property valued at this includes the gardo house tithing office church 1 farm 1 1 rl coal lands gas stock telegraph 8 stock t 0 e promissory notes sheep office furniture cash etc the decree as suggested by the government counsel was adopted by the court its length precludes its publication li today I 1 col broadhead called the attention of the acourt to the following points insisted upon by the defendants upon the facts stipulated and in opposition to the terms of the decree lot on behalf of the corporation 0 the church of jesus crist christ of latter day saints we claim that the act of congress of february alth 1887 to ia unconstitutional and void so BO far as it undertakes to dissolve said corporation and that the abe said corporation is not dissolved nor is in there mu any power in this court to decree a dissolution of toe raid corporation 2nd and that the mt act of july ut lat 1862 so eo tr a a it t undo undertakes fk es to limit ski the powers of said corporation as to the amount of property it may hold bold or otherwise or to amend its charter is ia nu unconstitutional constitutional and void ard that tit at the time lime ot the passage of the act of july 1862 the right to the property referred to in the agreed statement ept of bacs faca as the tithing office 11 property ro perty was vested la in the said C corporation orp oration of the church of jesus christ of latter day saints and is therefore not subject to escheat and forfeiture etti that the abe temple block which is used exclusively for the worship of god aad religious par mev ought to tie be set aside fur the un nip of ti e coulch ath that the p known an af the gardo house ought to be set aside to the church as a parsonage ath that the property known as the historians office ought to be set aside to the church as a part of the personage a ge and because the said mid corporation had bad a vested right in the same before the july 1862 ath aba t it the abe court should flad that the corporation is dissolved then the per personal oval property described in in the agreed statement tat ement of facts acts ought to be turned over to td the present members of the church or to trustees for their use and benefit mr richards gave notice of ao 48 appeal to the supreme court of the ted fed states and the bond was fixed lit at the court then adjourned to nov 17 1888 |