Show FURTHER particulars ABOUT THE CHURCH CASES IT is no news that almost as soon as the decision of the supreme court was rendered affirming the judgment of the utah courts in the church pr perty case a petition was filed fur a rehearing but the reasons offered and the strong points presented by counsel for the church were not given to the public in the press die dispatches latches announcing the application through the courtesy couite sy of hon P F 8 richards we have seen a copy of the petition and are now able to furnish our readers with a brief synopsis of the text mcdonald McDo hald and fay of counsel for the church labored under great disadvantage in not having baving at their disposal a printed co copy py of the opinion of the court it was only through the kindness of justice bradly who ho delivered it that they were able to get at the mati main points of the decision he lent them teem his official document with the stipulation that it should be returned within five hours in that short time they examined it and heir application was promptly filed with ith the court they submitted in substance as causes for the petition for a rehearing fiet if it should be finally determined terin ter mined ined that congress possessed the power to the church the decree of the court below is jo unauthorized by the act under which it professes to have been entered the act provides that on the dissolution the attorney general shall take proper proceedings to wind up the affairs of the corporation conformably to law but it does not authorize the utah supreme court to take cognizance of any suit arising in g out of the provisions of the law relating to the acquisition and holding of real estate by religious corporations po rations but notwithstanding this and the fact that the findings of the court showed that proceedings were pending in the district courts the supreme court of utah adjudge dand decreed that all of the real estate set out in those findings had been acquired by the church subsequently to july 1 1862 and that none of said real estate except the temple block had ever been used or was necessary for purposes of religious i worship etc thus adjudging and decreeing the very questions involved in the suits pending in the district courts of the territory second it is nowhere provided in fin the law that the personal property of the church shall be forfeited and esc ea cheatt beaUd d to the united states yet the utah court decreed that the personal property temporarily held by the receiver had been es cheated by operation of law that congress did not intend to interfere with any uther other church property than realty acquired in violation of law is evident from the provision in regard to the perpetual emigration fund the property of which after its dissolution was i v to be applied to the support of common schools in the territory the ground of this forfeiture stated by the court below was that chere did not exist any natural person body association or corporation legally entitled to any portion of said after the dissolution of the church corporation this is contradicted by the courts course own findings of fact and also by that part of the decree which sets wart alart the temple mock block to the voluntary religious worshipers and unincorporated sect and body known as the church of jesus christ of latter day saints and confirms it to the trustees of said church for the benefit of said voluntary religious worshipers thus recognizing the right of succession of the church in the real estate held by the corporation for its ita use for purposes of public worship but tise nying to the same church any portion of its personal property on the assumption that it has no right to such property as successor in interest thus the church may hold and enjoy real property on which to erect houses of worship and teach therein the tenets of their church but cannot hold personal property donated by its members to be its die in accordance with the same doctrines and tenets tenet taught in such houses house of worship the decree thus goes far beyond the scope of the act of coia congress rew and is a confiscation of property on account of religious belief phe fhe decree vests the title of f this property in the united states would authorize the seizure ot any property subsequently acquired hy the church third T hean he an inton admits that tb this to per T nap hap no not t been forfeited ot of congress and treats that property p perty as awaiting the final disposition of the court and yet declares it to be the property of the united states subject only to the costs and expanses of the suit the decree recognizes that the corporation w m as but the trustee of the church of jesus christ of lat ter day saints but fails to recognize the principle that the dissolution of that corporation necessarily and legally reinvested the church I 1 with the property held by that trustee the opinion affirming the decree seems to be at variance with the decree itself the learned justice says the rights of the church members will necessarily be taken into consideration in the final disposition dis P ahto n of the ease ase the property is in the custody of the law awaiting the lodgment of the court as to its anal disposition yet the decree has already vested it absolutely in the united states which become the absolute owner of the personal property and of realty about which suits are still stall pending in ia the third district court of utah the learned justice speaks thus of these them suits suite in the proceedings which have been instituted in the district court of the territory it will be determined whether the property of the corporation which has been seized has or has not es cheated or become forfeited to the united states whereas the decree adjudged that the legal title to all of the real estate had been acquired since the passage of the act of july 1 1862 and that it was in excess of the value of fifty thousand dollars the petitioners petition ers therefore insist that the unqualified of the decree will operate to foreclose all questions relating to the disposition of the property and prevent church members from ever deriving any benefit whatever our readers are aware that the court refused a rehearing of the whole ease case but postponed the matter until u antil the october term when it I 1 is probable that some modification of the decree will bernade be bet made nade As we understand it the court still maintain that the act dissolving the church corporation is a valid but will reopen re open the question as to the disposition of the property both real and personal until then it will remain undisturbed |