Show THE FINAL DECREE in the church cases by the 8 supreme u court of utah TEMPLE BLOCK ORDERED RELEASED tho the reference to the teaching and practice ii of plural marriage tn in the supreme court territory TaTi tory of i utah MCI h the united states of america plaintiff vs the late corporation ol of the church of jesus christ of latter day saints et al defendants fi finding nd i D g of facts by the court upon he pleadings and evidence and final decree this tais cause coming on this day for final hearing and determination by the court upon the bill of complaint herein the answers ot of the several defendants and the replications thereto the petitions of william B preston robert T T burton and john K R winder trustees boap for the unincorporated anine borated sect of the church of jesus christ of latter day saints the petition of intervention by george romney henry dinwoodey james watson and john dark clark on behalf of themselves and others other fit and upon the answers to said petitions and upon the evidence on file in this cause including the agreed statement of facts entered into and accepted as evidence bythe by the consent of fall parties to this carsean cause andea ch cb and all of the parties to this represented by counsel and the court having duly considered the same and being fully advised in toe tile premises pro ases it doth find and and declare the following fol lowing facts acts f to have been established in this cause 1 that the char en eh of jesus christ of latter day saints was from the day of january 1855 to the ad day of march 1887 a corporation for religious and charitable apu purposes oses duly organized and add existing u under 23 and in pursuance of an ordinance enacted by the legislature of the territory of utah and approved by tho the governor thereof on the said day of january A D IM 1855 a copy of which or denance is made a part oi of the complaint herein a 2 that on the day of february 1887 congress of the united states passed an act enticed an act to amend section of the revised statutes of the united states in reference to bigamy and mor HOT other purposes approved march 1882 11 which purported to disapprove repeal and annul the said charter and act of ancor ti ow of the chinch ot of jesus jesco ch christ ris MA oil C 0 of L latter a ater day saints aforesaid and add passed asee d as aforesaid 3 that bat I 1 immediately before the passage of said act of congress of february 1887 the said john taylor was ina and for a long time prior thereto had bad been the qualified andr acting trustee in trust of said coloration of the church of Jesus christ of lat ter day saints that after the passage of said act oi of congress 0 of f february the said john taylor claimed to te hold bold and continued to exercise tie the powers conferred upon said church of bedus bestas christ of latter day salute by said act of incorporation until his death which occurred on the day of jul july A D 1887 4 YAM that at the date of the kissage passage ot of said act of congress of february 1887 and lor a long time prior thereto there were no assistant trustees of said corporation none having been elected appointed or qualified nall fied since the vear 1877 that said wilford woodruff lorenzo snow erastus snow F D richards brig loam JM young MYOung moses T thatcher hatcher F M lyman john henry smith george teasdale heber hebar 3 grant and john W taylor were at the commencement of this suit counsellors coun and advisers of said john taylor and continued to his bis death counseling and advising him respecting the management use and control of the property hereinafter described 5 that since the passage of s said aid get act of congress of february 1887 the church ui in jesus christ of latter day saints has existed as a Vol voluntary religious religions sect of which the said wilford Wilfor woodruff dWoodruff is the acting president and has had duly designated and by tho the probate court of S salt t lake county in said territory in pursuance of the act of congress aforesaid the following named trustees W B preston robt bo bt T burton barton and john B R winder to take the title to and hold bold such real estate as shall be allowed said religious sect by law for the erection and use of houses of worship personages parsonages nages and burial grounds B U knatat the UP of the pas passage sage of said act of congress february there was no outstanding debts of or any claims against said corporation so far as appears to the court from the evidence herein 7 that atthe at the time of me passage of the act of congress of february 1887 the said corporation owned held and possessed the following real estate viz then follows a detailed description of the temple Block the gardo house the tithing office historians office aad nd grounds etc the legal title to the real estate first bove above described known as the temple block at the time said act of february 1887 went into effect was in John Taylor as trustee in trust for the said corporation which said trustee in trust subsequently and on the day of june 1887 attempted to convey the same to william B preston bobert Robert T burton and john joha B R winder as trustees by a certain instrument in writing in the words and figures following to wit chere here follows the deed conveying the property from John Taylor to the three trustees ar rf althe the following is s a L att 1 0 of f the description of proper property ty and the h e man i ner of its acquisition I 1 the said temple block was takes taken possession of by the agents of the church of jesus christ of latter day saints then existing as a voluntary unincorporated religious tous sect when salt lake city was first laid surveyed in 1848 and since said date has been in the possession of said church as a voluntary religious sect until it became incorporated as aforesaid and then as a corporation that at the time the same was taken possession of as af aforesaid it was a part of the public domain and conti continued dued to be such until said land was entered by we bhe mayor of said city along with other lands on the day of november 1871 under the townsite act of 00 congress kress entitled an act for the relief of cities and towns upon the public lands approved march 21 2 1867 that on the day of june 1872 the same was conveyed by the mayor of said salt lake city to the trustees in trust in whom the title remained until the act of congress of february 1887 took effect the facts in regard to the possession and acquisition of the balance of said real estate above described are as follows the second property above described and known as the gardo house and grounds was owned by brigham young individually io at the time of his death in 1887 and was thereafter convey conveyed edby by his executors to john taylor as trustee for a valuable consideration that juose quent ly on the day of april 1878 the said john joan taylor transferred vie same to theodore mckean on a secret trust for said corporation who held the same until the ad day ol of july 1887 when he attempted to convey it to trustees burton winder and preston for the sum of ono oo 00 dollar that gardo house and grounds were us ed and occupied by said john president of said church from 1878 up to the time of his bis death as a residence i the historians office and grounds were dakan possession of by albert P du in 1848 and was a part of the public domain and continued to besuch be such until november aten the townsite of salt lake city was entered that on october aj 1855 the church of jesus christ of latter day through brigham young as trustee in trust purchased rock woods a claims and erected thereon the building ding which has ever since been known as the historians offie and residence that from 1848 wl till his death george A asmith smith was historian and lived in said building with his family that the books papers and records of the church have always been kept in said building irom from the time ot of its construction to the present at the cost of said Church and that said office has been and is necessary for the use of said historian in the discharge arge of his bis duties that in 1872 george eorge A smith obtained the title of said pre premises es from the mayor of salt lake ake city ity under the townsite act and nd that after ins his death the same was conveyed to his wife and one ot of his laughters daughters who afterwards transferred the same to theodore mckean lor for a valuable consideration that the abe said mckean has held the property since that date oil a secret truet tor for the use and benefit of said corporation abe part et ed the tithing office and grounds were taken possession of by agents of the church in 1848 1848 when salt lake was first nid laid out and ever sinde since that time have been said sect in receiving and distributing tithing and voluntary contributions of property that prior to juby buildings and aad other I 1 improvements a of considerable value had been built thereon by the church 5 that at the were taken possession of it was part of the public domain on the of novem oer 1871 said land was entered under the townsite act that brigham young then president and trustee in trustee of the church claimed said land under the townsite law and it was conveyed to hira him by daniel H wells wella then mayor of said city that in november 1873 brigham young transferred the same to george A trustee in trust that at his bis death the legal title to said premi premises seq vested in brigham young and his successor and the executors of the brigham young estate transferred the property to john taylor who in april 1873 transferred and conveyed the abe same to edward ed ward hunter upon a secret trust for the use and benefit of said corporation that hunter on the day of april 1878 transferred and conveyed the same to robert T burton burten on a secret trust for said corporation and on the ad day 0 july 1887 the said burton attempted to convey the same to W B preston J john R winder and rpbert Bp bertT T burton a as s trustees that hat the other piece of property known as part of the tithing office and grounds was possessed acquired and owned as follows that in 1848 newel E K whitney then presiding bishop of the iha church took possession of lot 5 block 88 plat ahalt late lake city survey and inthe same year horace E K whitney took possession of lot 6 in said block that some time in the year 1856 the church of jesus christ of latter day saints by its agents took possession of the south half of said lots and placed thereon yards and corrals and have continued to occupy the same down to the present that in 1870 the foregoing lots became a part of the townsite towa site entry the said church in 1871 med filed an application in the court for a title to the south half of said lots and the heirs of Ne newel welK K whitney also filed died an application in the proper c court our t for the south half of said lot 5 and horace E K whitney filed an application in the same court for the south halt half of longo lot the court awarded the title to the said premises to brigham young as trustee aforesaid that in 1872 brigham briehan young trustee obtained a deed from the heirs of newell K whitney writney to said south sonta half of lot band in consideration thereof paid them and at the same time he be also alno obtained a deed from horace K whitney of lot 6 and paid the sum ot of 2000 at the time the act of age congress 0 ge of february 19 1887 took effect the legal title thereto was held by robert T burton on a secret trust for the use and and benefit of satu sard corporation that on the ad day of july 1887 he be attempted to convey the same to trustees winder burton and preston by a certain instrument of writing the remainder of said real estate held owned and possessed by said corporation as aforesaid was acquired by it after the 1st ast day capot of only 1862 by purchase but the legal title thereof was at all times held by persons in trust for said corporation upon secret trusts and not by the corporation itself that at the time the said act of congress of february 19 1887 took effect said corporation owned held and possessed the following described personal property to wit one large sate safe one medium sized iron sate safe arm chairs eleven rotary chairs ten upholstered chairs two desks ono one letterpress shares of each of the capital stock of the salt lake G gas company 4 42 shares of each of abe capital Z of the deseret telegraph Mui pany one promissory note dated march 2 1887 due and payable to john taylor trustee in trust or order two years after date calling for the sum of 13 bearing 6 per cent ceat interest from date signed by sharp and little one promissory note dated march 2 1887 due and payable to john taylor trustee in or lorder order two years after date and calling for or with 6 per cent interest from date signed by legrand young one promissory note dated march ad 1887 payable to the order of john taylor trustee in trust two years from date calling for 33 with interest at 6 per cent from date signed james jack one promissory note witha per cent interest signed H B clawson sheep 2 3 cwg 15 money proceeds of sales ol of miscellaneous property that since said personal property caine came into the possession of the receiver heretofore appointed in this cause he has collect collected as rent f from rom toe the said real estate 2850 as dividends on said gas stock 1900 as interest on said money that the said corporation of the church ot 01 jesus chr christ 1 s t of latter day saints was in its nature and by its statute of incorporation a religious religions and charitable tor the purpose of promulgating spreading and upholding the principles practices practises a teachings and tenets of said church and tor for the purpose of dispensing charity subject and according to sald said principles practices teachings and tenets and that from the time of the organization of said corporation up to the time of the passage of said act of february ath 1887 it never had any other corporate objects purposes and authority never had any capital stock or stockholders nor have there ever been any natural persons who were a authorized under its act and charter of incorporation to take or hold fagid any personal pro property peTty or estate of said corporation po ration except the trustees provided lor for by said statute of incorporation that the he said personal property hereinbefore in set out had bad been accumulated by y said later corporation prior to the passage of said gaid act of of february 1887 and that such accumulation ith tion exten extended did over a period of twenty years or more that prior or to and at the time of 01 the passage of said act the said personal property had been used for and devoted to the promulgation spread and maintenance of the doctrines teachings tenets and practices of the said church of jesus christ of latter day saints and aad the doctrine of polygamy or plurality of wives was one of ane doctrines teachings tenets and practices of the said late church corpora tion but only a portion of the members of said corporation not exceeding 20 per cent of the marriageable members male and female were engaged in the actual practice of polygamy that since the passage of the said act of congress of february 1887 the said voluntary religious sect known as the church of jesus besas christ of latter day saints has comprised the great body of individuals who formerly composed the membership of said corporation and the organization general government doe doc trines brines and tenets of said voluntary religious sect have been and boware now are sub substantially stan jally the same as those of the late corporation of the church of jesus christ of latter day saints that certain of the officers of said religious is sect regularly ordained and certain n public prea preachers chera and teachers of said reli religious gi 0 us sect who are in good stan standing |