Show THE CHURCH CASES in the supreme court of the territory of utah the united states of america vs the late corporation of the church of jesus christ of latter day saints et a al now comes the attorney general of the said united states and the district it attorney torney for the territory of utah and in behalf of the said united states suggest to the court that it has been made sufficiently to appear to the said attorney general that when the property of the defendants fend ants was turned over to the receiver herein agreed statements of facts made and filed upon which the decree of this court was waa rendered that the defendants understood that the property mentioned in said decree was to be cons considered as all the property belonging to the said corporation po ration and that the said mid decree should be considered as a finality and no other property should ever be claimed or seized or in any way pursued by the states as belong ing to or having belonged to said corporation or r ato 0 at the time of the dissolution t thereof kiere f and that said statement and decree should be an end to all litigation in the premises except in the prosecution of the for the escheat and forfeiture of the real estate mentioned in said decree and that but for such u understanding uder standing on the part of the defendants the delivery ot the property aforesaid would not have been made nor sald said sti stipulation agreed to by them kow now therefore it appearing to the tee said attorney general that it is in manifestly just and equitable that the understanding der standing of the said mid defendants should be recognized the said united states by its attorney general and district attorney move the court to direct its receiver to dismiss the following suits suite in the first district court ogden frank H dyer receiver of the late corporation of the church of jesus christ of latter day saints sainto plaintiff vs david M stuart robt met guarrie tu arrie the church association of the weber stake of zion a so called corporation and ogden city a corporation defendants prank frank H dyer receiver of the late corpo corporation ration of t the he church of jesus christ of latter day saints saint plaintiff vs robt and the church association of the weber stake of zion a so co called corporation defend ants ante frank H dyer byer receiver of the late corporation of the church of jesus christ of latter day saints saint plaintiff vs richard J taylor and lewis W shurtliff defendants in the third district court salt lake city henry nce Receiver of the late corporation of the church of jesus christ of latter day saints plaintiff vs to james A eldredge dredge EI ben B R eldredge lewis 8 hills thomas thomas Q G web ber and legrand young exec executors of the last will of horace S eldredge dredge EI deceased john C cutler royal B young joseph young henry dinwoodey edward heber J grant george F gibbs gabbac Gib baC C B R savage eclas morris W A Boa hosster hoS lter J H parry H B clawson caroline E dye wolley young hardy co a corporation salt lake literary and scientific association a corporation and the home fire insurance co a corporation defendants W H H MILLER attorney general C S VARIAN district attorney when the third district court opened this morning the three cases known by the title of the united states vs certain real estate belonging to the late corporation of the church of jesus christ of latter day saints were called on for hearing the property pro erty involved is the tithing house gardo sardo house church farm and historians historian office and the question sought to be determined to is whether such property was to be es ea cheated attorney dickson who in conjunct s tion with hon F S richards Bic hards represented the defend defendants anis informed the court that he be was engaged in an important mining suit before referee lyle and 99 a number of witnesses were in attendance this morning he be asked that the church cases might be continued for a short time judge zinc cases must be tried in the order in which they appear on the docket or the court cannot make any headway we lost a lot of time last week in consequence of cases be being lag postponed counsel must understand that when oases ate are set down for hearing bearing they must go on his honor added that if counsel liked these particular cases case might pass pan indefinitely arnd and be taken up when the court cou id find time to hear them mr dickson i ckon I 1 do it t think it will occupy more than a day to try these three cases I 1 take it it is on a anes tion of law mr varian my instructions are to press these cases on they were continued a month ago and it was supposed at that time that counsel on the other side would be ready now but difficulties seem to increase instead of disappear the lahree three cases remarked counsel could be tried and and submitted in a very short time he did not know of course what about the arguments so far asbe as he knew however there were no witnesses to be examined it seemed to him the three cases had better be tried at once they the 1 could then be submitted and rot got out of the way the judge will you submit them on a brief statement of facts mr varian I 1 don dont donit it think there will be auy any dispute about the facts the government to is quite ready to go on in these oases emes another phase of this question is now under the consideration of master in chancery loufbourow Louf borrow and this whole matter should go to the supreme court at the same time after some further talk as to a continuance ti nuance judge zino consented to take up the cases on saturday morning next at ten the following petition was filed in the office of examiner in chancery loufbourow Louf borrow this morning by attorney richard W young in the supreme court utah territory salt lake county before hon C T loufbourow Louf borrow master in chancery the united states plaintiff vs the late corporation of the church of of luter latter day saints eta et al defendants to the hon C T loufbourow Louf borrow master in chancery the petition of willard young the president of young university respectfully fully shows that young university is an institution of learning founded and partially endowed by the heirs and devisees devi sees of the late brigham young by a deed of trust of which the deed hereto attached marked exhibit A is a ca bony y est that the land thereby conveyed is of the approximate value of and is situated on first second and A streets of salt sale lake city the building committee of the board of trustees of young university have decided to have the plans of the buildings drawn by mr bruce price of new york one of the for foremast emst architects of the world the buildings will surround and enclose the university grounds and it is estimated will cost when completed upwards one million dollars the institution will receive its further endowment almost exclusively from members of the mormon church through gifts and legacies sums amounting in the aggregate to one hundred and fifty thousand dollars have already been promised it by responsible and sufficient persons members of the mormon C hurch church while a oe certain prospect of further and substantial gifts and le legacies gt from members of that church is found in the fact that the university is designed and officially accepted by the general board of E lu cation of the church of jesus jesuis christ of latter day saints as and is gene generally raBy understood to be the chief educational institution atit ution among bong the latter day saints mr willard young ha recently resigned his position as captain in the engineer corps of the united sates S ates army to accept the presidency of the university and is now devoting his time to the preliminary work feces sary to its establishment great inter eat in the success of the institution is manifested by the entire Mor moy olf people so far as they have become acquainted quain ted with its alius aims and objects I that the university will be become a I 1 great and useful factor in the educational development of the children of the latter day saints may be regarded as a certainty it will be observed from the accompanying deed of trust that the chief aime alme and objects of the among alnea aution is that of making of its stu dento tents and graduates worthy citizens citizen a and true followers of jesus chris by fitting them for some useful pursuit b bv strengthening in their minds a pure attachment to the constitution of the united Stat aind d to our republican institutions wd md that the deed expressly provi provides deg that no U unlawful doy doe tri trine ne shall be taught or I 1 inculcated your petitioner asks that your bon honor may report and suggest to the supreme court courton of this territory that the per DOT bonal property of the late corporation of the church of jesus christ of lat ter day saints now in the hands of the receiver be set aside for the our dur pose of establishing and a department of law in said yount young university it is respectful respectfully y suir sug that property to the value of not less leeg than fifty thousand dollars be devoted to the endowment andow ment of each of two or three professorships professor ships and that property to the value of not less jess than one hundred and fifty thousand dollars be used for A the erection of a part of the projected ax buildings which shall be suitable fw for f w I 1 an and d shall be devoted to the A purposes of the said law department and that the residue of the property or cundif fund if there b be e any be set aside for the u purpose r pose of of lp forming and maintaining a law a w library in connection with the said law department it is further suggested that the fund be placed in the hands of the iristeen trustees of young university to be used by them in accordance with the terms of these requests and under such regulations and restrictions ba w your honor and the supreme court of the territory may deem prudent the power to noni no nate professors might be lodged in the justices of the Su supreme premel court or in such other body or offie officials bas as may be selected it to is of course unnecessary to suggest to your honor that it if the disposition here outlined does not for any reason meet with the approval of either yourself or the supreme court the fund might still be vested in the trustees of young university to be employed either generally in the pursuit of we the objects of that institution or in some special course or courses to be named by your honor and approved by the court it will be seen from the accompany ing deed that the said university did not exist at the time of the dissolution of the aforesaid corporation and that therefore the objects and purposes for which your petitioner now asks t thai hat this property be devoted were not among the objects and purposes for which said personal property was wad originally acquired nor can it be urged that the uses and purposes for which your petitioned petition ef now seeks to have this fund devoted are in whole or in part opposed to public policy or good morals or that they are contrary to the laws of the united states from the facts stated above it will no doubt result that the students enrolled at young university will be almost without exceptions exception members of the mormon church and therefore either themselves donors or the offspring of donors donor of the fund in question this fund was contributed by mor mons and handled by mormons cormons with certain purposes and objects for the icae U and benefit of mormons cormons Mor mons the supreme court of the united states slates has declared these them objects and purposes to be wholly or in part objectionable I but has nowhere declared nor in deed can it reasonably be said that and purposes seb cannot be found I 1 in which a fund devoted exclusively altey ir cormons mormons may be employed by fr for the use and benefit of cormons mormons Mor mons upon trusts and charities not noi only free fra from lagal al ob objection Lection but in evry every respect commendable it would seem eem in view of the premi premises see and in the light of the history t of the times that there is no object or purpose either mo more re appropriate or more UMI purpose 1 I 1 and more free from legal and other objections bj sections to which this fund can be applied thai in teaching the youth of the latter day saints tho principles of constitutional and other law this suggestion is submitted to your honor in the confident belief that the disposition asked furnishes a purpose lawful in character nearly correspond ill ing iak to the purposes for which the fund 44 was vas originally dedicated and acquired ee and which will not only be applauded M toy by the entire bady of the latter day saints but will be favored by the american people who while approving it may be the diversion of the fund from its original objects slid and purposes will view with deavor any disposition which by di z it even e in pt part to those who tue have not irot contributed a dollar towards it at will prevent the donors from using it in a lawful and meritorious manner ong themselves YOUNG 41 F II 11 1 1 by richard W YOUNG attorney for petitioner or of utah I 1 t as COU county anty of salt lake willard young being duly sworn 11 af 11 ay I 1 am president of young uni mentioned in the foregoing pe t that I 1 have read the said pep lutton 2 and know the contents thereof r aud nd that the statements of facts made therein are true of my own knowledge I 1 WILLARD YOUNG subscribed and sworn to before me this day of october 1891 RICHARD W YOUNG notary public |