| Show CAPITOL correspondence the church suit in the Su supreme ireme court opening of the last Bess loit of the fiftieth congress D C december 8 1888 editor news the second session of the con cre opened today the republicans of course coarse are jubilant and no matter how bow much the democrats may whistle cheerful tunes tones to keep their courage up blue bine is the color that shows on their countenances A few strong men pre erve their equanimity and are already planning lor for another struggle but the rank sad and file are bewildered and feel thac they are not only beaten out oat routed THE VICTORS i boast ol of a long reign to come and the indications certainly appear to warrant the but bat human calculations are so often fallacious that they are not not to be relied upon and the alit ot of political pr bb ecy is not nai enjoyed to 10 any maikel extent i was crowded today and s i seers were as numerous almost zi as at the opening of a new congress your delegate mr caine balue was la ia his place looking as straight and young as ever and is ready to watch the interests Interest ot the territory he be uart flowers were plentiful on oa meanders mea mem iDers ners desks and both houses were odorous with flue boquete bo handshaking was vigorously indulged la in by rival politicians who seemed to vie with each other in cor and friendly fueling feeling some of the tae victorious party however could coald not repress a smile ut of triumph mingled with sarcasm and an occasional allusion to lightning and andI cyclones and anda a query berv of of how dye feel indicated the te undercurrent that thac roiled boiled beneath the and coart courteous eods exterior presidents MESSAGE was waa listened to with close clode attention atten tion and the democrats broke into loud load app applause lauste when the clause was reached which referred to the a geo peoples pleis cause which should never be compromised the republicans responded wito wita derisive laughter the direct tax bill in the house hoise and aad the tariff bills in the senate are talked ol of as thi the immediate subjects of consideration to the exclusion oi of other public matters for the present seems to have fully recovered and would have hare received an ovation on sate entering ring the house bouse but he quietly slipped in while the chaplain was performing his duty lie he was the centre of a throng of admiring friends as soon as recess was taken when the chaplain of the senate repeated bated the lords prayer senators ingalls lagalla and cullom responded as though in church the former particularly hs h not been considered piously inclined but perhaps in his cue case the axiom will not hold good out of the abundance of tho the heart hear tho mouth op speak eadeth eth 11 this Is motion day in the j SUPREME COUNT of the united states and hon F S richards appeared appe arail arad before that tribunal and moved that the appeal from the decree of the supreme court of U ah dissolving the corporation of the church of christ of latter day saints and its proper property tybe be advanced upon bakly eakly he e docket and set for hearing bearing at an early date accompanying the application was a printed 13 ted statement of the case including aits citations of the acts of at congress of 1862 1860 and 1887 1897 touching this question a concise and particular relation of the claims of the government in the premises and also of the claims of the appellants and the following SEASONS are an assigned why the court should grant the motion and advance the cause first it is a cause in which the united states are concerned as a warty party second it la 19 a cause which involves matters ot of public interest very nearly and seriously affecting a very large portion ol of the citizens clil zens resi residents denti and property owners of the territory ol of utah tab third it la Is a cause involving VW fie constitutionality bt bf certain acts of the congress of the united states 1 fourth fo arth under the decree appealed from a very large amount of property belonging to the church of jesus christ of latter day saints has been teena seized and is now held jy by a receiver much of said pro property pIrty being of a perishable nature great and irre i gri pan parable le loss and damage will ensue if ifa the property so seized and held I 1 is 8 let left in t the te bands of 0 the receiver f tor or casi th the three years ears or more before this case could ge be reached in regular order it if said aid receivership is so long continued the costs and expenses thereof an and 4 the loss sustained by reason to tb e creol will amount to a virtual confiscate confiscation ion 0 very large amounts of proper property alq will be in effect a dental denial of justice fifth said laid cause Involve aa sa ques of general public interest to the inq in j babi habitants tants of all the territories be bei cause it involves the que etlou iou of the power of con congress reas to control and restrict the rights of all church corpora corporal 4 lions eions of all alf kinds and denomination lo in the matter of and holding real and personal property y and the power and right c of congress g to dissolve church corporations and declare the property of such corporations forfeited and es cheated to the united states sixth under said decree appealed from the united states has seized and now holds holds oy 07 its receiver possession of several hundreds of thousands of dollars worth of personal property belonging to the church of jes jeffas christ of latter day saints batata and alls claims that the frame bame h haaf become forfeited and es cheated to the united states without the shadow or semblance of any law or laws granting framing any such right or power seven under said decree appealed from taw th united states have nave sel seized aed and now hold bold by a receiver possession of real estate belonging to the church of jesus christ oi of latter day saints saint s 1 of 0 f the th value ne of several hundreds of tool 2 1 va of f dollars and claim the right to for forfeit t and escheat said real estate to the united states notwithstanding the fact admitted of record P that said real estate has been possessed held and used by or in trust for said cli church arch of jesus jesua christ of lat ter day saints ever since the year IM 1848 under the full power and sanction of the 8 tat a te f the territory of utah a md and I 1 the be its a of the congress Co ogress agress pi 01 the united states and notwithstanding bt the further fact that a portion of said real estate so sought to be es cheated to the united states has not been tor for more than test ten years last past and was mae at the time of the passage of said act of congress congram of march 8 r I 1 held and occupied exclusively bior for the purposes of a parson parsonage age for said church eighth there are now pending in the e supreme a and d district str t courts of t the e territory e aitor ot utah tak seven other suits which bich involve volve the as same e questions ions that arise in this c case and the e thial anal deter dater minati ea of the them will depend upon ue decision of this h Is court as to the constitutionality ot of the she aforesaid acts acta of aou congress ress and the other points involved berela hereto for the fores eing wa and otter other good and sufficient reasons appearing of record la Is this cause the appel appellants lanta pray ray this honorable court to advance I 1 ibbe he caseau the docket and assign it for fi A jal ial hearing bowing at an early day ONS oaf OF 0 HULKS AULKS of the supreme court courtia la relation to itt advancement of any ea 8 that it involves some matter matte of public interest the probable waste and expend ture turbot of lam of m property in ID dispute has been held as insufficient cause lor for advancement because that might bee be claimed av med in almost every in istance I 1 W wherein he t elia a Rec receiver redeliver eliVer is to in possession sea sion the public interest terest li in this question however Is concisely explained and cannot well be disputed for for every ecclesiastical ecclesiastic 41 association in all the territories may be affected by the issue in this important cause for the act of 1862 on baca the subsequent legislation is predicated relates to A corporation and association in thle the i territories or other places over which ibe states have exclusive jurisdiction it to Atme that the ao 10 so called edmundd edmund tucker act was specially aimed at the spoliation of the QuIl church but it is based upon and claims to be in pursuance ot at the act of 1862 1882 which Is of general application I 1 properly the attorney 0 should hould have moved for the advancement of tola this casts cash for he be admitted that it ought to be advanced and the rule requires that counsel for the government shall move in cases wherein the the united states are a party and a public bublic question is involved but while ge he declined to make the motion he be stated that no opposition should be offered and tue toe general sentiment Is that it ought to and will he be granted gen butler geor george e ticknor curtis the attorney and solicitor solicitor generals and many other LAWYERS were present at the opening odthe of the court chief justice fuller faller made a good impression among the members df the bar he to is sms amsler ler physically than any of the other justices but intellectually he is not interior inferior by any means and his bis bus business liess manner mander and dispatch an and clear delear sentences commend him to all conc concerned ernet weather in washington TOTON just bow J is pleasant business lively Sas slety to Is for loe ine season which will be gay eay and festive and the city continue to grow and improve your mr JEU cOArds intends to stay and learn the fate 0 of his motion in the b e cpr supreme e me court and if it is favorable a b to prepare for toe the trial which will determine not only the property question as it shall affect the ciurca of jesus christ of latter day saints e C U r y but also the still more important m P t L n t question of the powers of lameg CO congress 1 s to interfere in matters relating t to 0 ecclesiastical organizations and to escheat property to the untied united states belonging to dissolved corporations instead md of its distribution to ithe the individual owners according to established rales rules of lesal legal procedure dare I 1 URI ani RICHARDS makes a good Impre impression akon and the alent opinion as to the case he be is h ahre re to defend is that if thi law to confiscate the church property can be made to it Is ie very bad law abw aubow of this opinion apinton la Is yours truly X |
