Show THE TITHING OFFICE ou on march ath the territorial supreme court made an order nat ug the lease of the gardo house taken possession of by the receiver in the church suits suite for the reason that it was now possible isible to demand and obtain it a higher eai rental than that which was being paid under udder the lease for its use by the church today there was another scene added in the great outrage of confiscating the property of the mormons cormons Mor mons the supreme court held a brief session at which P L williams who figures as the attorney of receiver dyer asked the court to minate terminate tei the lease of the tithing office grounds for the reason that he thought a larger ren al could be obtained the lease was understood when made to run till the suits suite were finally adjudicated one way or the other for this reason it was made to read for one year or until otherwise ordered by the court this P provision r 0 v I 1 11 ion was to meet the uncertainty t a 1 1 it 3 of the time when the case would blended be ended in the courts today the court followed the decision of yesterday and terminated the lease of the tithing office grounds and ordered tint the receiver ad vertise for bids bide for a now new lease from month to month for the premises judge zane saidee said he wanted a provision inserted in the order that the premises 8 were not to be used for tithing purposes this theother the other judges thought unnecessary emary and nade made the order without the provision the order has haa not yet been reduced to wilting from this decision of the court judge zane dissented and filed the follow following i lag opinion n in the ae supreme oburt court of the territory of utah the united states of america plaintiff vs the late corporation the church of jesus christ of lat ter day salute et al defendants ZANE C J I 1 dissent diment from the order of the court allowing the renting vf the tithing yard to the high est eat bidder because the order does not dot forbid the leasing of the premises for tithing purposes the premises have been leased ever since november 16 1887 to bishop W B preston bishop R T burton and john B R winder these men are merely the agents simply an artifice of the mormon church for obtaining the use of these premises for tithing purposes the church is now and has been ever since nov 1887 using these premises under the lease made at that time by mr dyer the receiver to these men nominally without the authority of this court so ao far as I 1 am adelsa advised the church has now been using ng this prop erty for tithing purposes for many years and will willa 1 have no doubt obtain another lease under this order rho fhe act of congress depriving the mormon church of such of its real estate as was not used as houses of worship parsonages personages nages and burial grounds was in ended to deprive it of the power to that extent to maintain propagate and perpetuate polygamy rhe fhe principal source of the pecuniary power of the church has and now is the money and property obtained through tithing the government of the united states through the instrumentality of this court or otherwise justify itself before the civilization of the age in taking property from the mormon church because it is 18 using and may use it to maintain and pe perpetuate cuate polygamy or any other othe r u unlawful I 1 clr awful and immoral pr practice lc and then turn around and give the same church the use of it for the same purposes upon the payment of per or any other sum however great the government cannot become a party to such a transaction it 0 cannot in that way or any other sanction the collection of tithing by the mormon church in return for fora a pitiable revenue vio the object of the government in taking any portion of the churchs churche property from it was not to obtain money for the bene benefit tit of the schools ot utah or to obtain money for any other purpose no such sordid and unworthy motive as that actuated the lawmakers law makers the motive was to protect society from the evil effects of polygamy by stripping the church of the power that to a great extent maintained and propagated the immoral practice there are some purposes for which the government of the united states through a receiver or otherwise cannot rent property with any credit to itself and among them are tithing purposes especially so when the purpose as aa in this case is contrary to the sole reason of the law under which the authority is obtained and the court is authorized to assume from the fact that the church has beer been using the tithing yards since november loth 1887 under the lease to these men as it had been for many years before and from the statements of the receiver avid and his counsel that this property will be leased again to bishops preston freston and burtan and mr winder and that through this subterfuge it will continue to be used tor the purpose of collecting tithing |