| Show TO FLEECE THE MORMONS the government grasping after alleged church property OUT THE PROTIS provisions IONS OF THE TUCKER INFAMY Iff ANSWER TO UK fe MADE DIC ON BEATH in the territorial supreme court today to day chas W zane on behalf oi of district attorney peters who is absent in ohio filed the following petition in a suit against the chure church R of jesus christ of latter day saints for all property in excess of held by its ats trustees in trust and the court made the accompanying order IN IK THE COURT OF CF THE TER OF UTAH no of term 1 in equity the united states of america I 1 Plaint plaintiff if vs the late corporation of the church of jesus christ of latter day saints and john taylor late trustee in trust and wilford woodruw woodruff lorenzo snow SHOW erastus snow franklin fradlin D richards bri brigham y young yeung moses thatch er francis M lyman john he henry smith george teasdale J grant and john I 1 lor late assistant trustees in trust of said corporation i I 1 defendants COMPLAINT to the ae judges of the supreme court of the territory of Q f litah the plaintiff united states of america by george 8 peters united states attorney in and for the territory aforesaid who brings this suit by direction of augustus H garland attorney general of the united states brings this bill of complaint against the late corporation known and claiming to exist as the church of jesus christ of latter day saints and john taylor late trustee in trust and wilford woodruff lorenzo snow erastus snow franklin D richards Klc hards brigham young moses thatcher francis M lyman john henry smith george geor e teasdale heber J grant and bohn john W taylor late assistant trustees in trust of the said corpo corporation ra aforesaid which was or claimed to be and exercise the powers of a corporation ration created and organized and existing ng under and by virtue of an ordinance of the provisional state of deseret re enacted and ratified by the legislature of utah and therefore the plaintiff complains and says first that on the ath day of february 1851 the assembly of the so called state of deseret which afterwards was organized as the territory of utah passed an ordinance incorporating po rating as a corporation the church of jesus christ of estter day saints which ordinance was afterwards on the day of january in the year 1855 re enacted by the legislature and approved by the governor of the territory of utah a copy of which ordinance as reen re en j acted as aforesaid is hereto attached marked exhibit A and which the plaintiff makes a part of this bill second that john taylor on and immediately before the day of february 1887 was and had been trustee la in trust and wilford woodruff lorenzo 8 snow 0 W erastus snow franklin DF 17 rich Kic richards hards ard brigham yo young ung moses thatcher francis M lyman john henry smith george teasdale heber heberd J grant and john W T taylor a alor the twelfth assistant is to the p plaintiff lain unknown whose name name bhea discovered the plaintiff asks leave to make a party hereto were the assistant trustee of the corporation of the church of jesus christ of latter day saints third that by the act of incorporation stated in paragraph ene of of this bill the corporation thereby created was authorized to hold bold and occupy real and personal estate with sucu such other powers as are stated in I 1 exhibit A I 1 of the first paragraph and by one trustee in trust and twelve assistant trustees to receive hold buy sell manage and control the real and personal property of said corporation as will more fully appear by reference to exhibit all A hereto attached fourth that under and by virtue of the said set of incorporation set forth in paragraph one of this bill the said corporation of the church of jesus christ of latter day saints was organized and did buy receive acquire I 1 and hold bold amounts of real estate and personal property of great value in the territory ory of utah after the first day of july 1882 1861 2 the precise amount value or description of which the plaintiff is unable to state but bat asks leave to prove and the plaintiff alleges on OB information and belief that the value of the real estate is about two millions of dollars and of the personal property about one million of dollars which said corporation held and owned on the day of february 1887 and which tile the defendants fend ants now in violation of the laws of the united states still claim to hold and own fifth that the corporation of the church of J jesus eliv christ of latter day saints from its organization until the day of february 1887 was a corporation po ration or association for religious or charitable purposes sixth that by virtue of the provisions of the third section of the act of of the first day of july 1862 re enacted as section 1890 of the revised statutes of the united states any corporation or association for religious or charitable purposes purposes was forbidden to acquire or er told hold real estate in any territory during the existence of the territorial government of greater value than fifty thousand dollars that of the real estate held by the corporation of the church of jesus christ of lat ter day saints on the day of february as set forth in the third paragraph ol of this hill bill more than fifty thousand dollars in value thereof has been acquired and held since the first day of july 1862 which is not held or occupied as a building or ground appurtenant thereto for the purpose of the worship of god or parsonage connected therewith or burial ground seventh that by virtue of the premises the real estate referred to and stated in paragraph fourth of this complaint which on or before the day of february 1887 was owned and held by the corporation of the church of et jesus christ of latter day saints was and is subject to escheat to the united states eighth that on the day 0 february 1887 the charter and act of incorporation of the corporation carp oration of the church of jesus christ of latter day saints was disapproved disapprove he repealed and annulled by ov t the congress of the united states and the said corporation was thereby ther eb dissolved and all the real estate own owned and occupied by it in excess of fifty thousand dollars which was not I 1 on the day of february 1887 held and occupied as a buil building cling or ground appurtenant thereto for the purpose of the worship of god or parsonage connected therewith or burial ground was subjected to escheat to the united states ninth that the said corporation of the church of jesus christ of latter day saints and the successor of the said john joha taylor whose name is to this plaintiff unknown as trustee in woodruff lorenzo snow erastus snow franklin D richards brigham young moses thatcher francis M lyman john henry smith george teasdale heber J grant and john W taylor assistant trustees tiu the defendants wrongfully and in violation of the laws of the united states still claim to hold and do exercise the powers which were held and exercised by the said corporation of the church of jesus christ of latter day saints as stated in paragraph first of this bill and are unlawfully possessing and using the real estate referred to to in thi the fourth paragraph of this bill and are receiving and unlawfully applying to its and their own use all the rents issues and profits thereof and falsely and wrongfully claim the right to sell use and dispose of the same tenth that since the day of february 1887 there has been and is no person lawfully authorized to take charge of manage preserve or control the property real and personal which on or before the day and year last aforesaid was held owned possessed and used by the corporation of the church of jesus christ of latter day saints Saint sand and by reason thereof all the said mad property as referred to in I 1 the third paragraph of this bill is subject to irreparable and irremediable loss joss and destruction eleventh that as plaintiff is informed and believes the aforesaid john taylor who is designated in the former part of this complaint as trustee e in ln trust of aforesaid corporation 1 on the bath day of july 1887 died and departed this life and as to his successor in office as said trustee in trust of said corporation plain plaintiff tift has no knowledge or information but asks that when said successors name is discovered he be made a party to this action PRAYERS the plaintiff therefore prays first that the defendant may be required to full fail true and aad perfect answers to the premises in writing make the oath of said defendants fend ants to said answers being hereby expressly waived second that a proper person may be appointed receiver to collect and get in all of the outstanding debts and monies due to the said defendant corporation po ration to take possession of manage control sad and collect the rents issues and profits from the real estate thereof and that the defendant corporation its officers and agents be ordered rd erod forth forthwith th to surrender and deli deliver er up U t to 0 such receiver all the asse assets s pro property perty effects and the possession of the veal IL estate belonging to said corporation and also PAL all monies notes dra drafts As bills of exchange checks or other evidences of indebtedness aue due and owing to the said corporation as well as all books of account be accounts unto deed bonds mortgages ce certificates a cates of stock and ana papers of every nature belonging longing bv to said corporation and that the said receiver may under direction of this court continue the management of the said business until the sale or other disposition can be made thereof ace according ordin to law under and by virtue of the order nr of the court that be made by this honorable court declaring the dissolution and annulment of the charter of the corporation of the church of jesus christ of ef latter day saints fourth that this honorable court ma may appoint lp point a commissioner to select and and set apart out aut of the real estate which was held and occupied by the corporation of the church of jesus of latter such euch estate as may be lawfully held for religious uses aut of the real estate heretofore held by the said corporation po ration fifth that the court shall make such necessary orders and decrees and take such proceedings from time to time as may be just and equitable to wind up thu the affairs of the said corporation conformably to law and e equity sixth for such other and further relief in the premises as the nature of the case may require and as to your honors may seem I 1 lust ast and meet and according to equity and good conscience and may it please your honors also to grant junto the plaintiff the writ of subpoena of the united states of america to be directed to the said defendants fend ants and to any confederate or confederates when discovered therein and thereby commanding them and each of them at a certain dayl day under a certain penalty therein specified ned personally to be and appear before your honors in this honorable court for and in behalf of the late corporation of the church of jesus christ of latter day saints and then and there to answer all and singular the premises and to stand to and abide such duch order and decree herein as to your honors shall seem meet and just and agreeable to equity and good conscience and to grant to the plaintiff any other lawful and appropriate process or orders to effect the appearance of the said defendants defond fond fend ants or bur any other person representing or authorized to represent the late corpor corporation stion of the church of jesus christ of latter day saints and the plaintiff will ever pray GEO si united states attorney A H GARLAND atty geal U S EXHIBIT A an ordinance incorporating the church of jesus christ of latter day saints SEC 1 be vt it orned ordained by the general assembly of the state q cf D deseret that all that portion of the inhabitants of said state which now are or hereafter may become residents therein and which are known aud and distinguished as the church of jesus christ of latter day saints are hereby m cop orated constituted made and declared a body corporate with perpetual succession under the original name and style of the church of jesus christ of latter day saints as now organized with full power and authority to sue and be sued defend aud and be defended in all courts of law or equity in this state to establish order and re regular galate wor worship and bold and occupy real and personal 1 er estate and have and use a seal 01 X they may alter at pleasure SEC 2 and be it father farther ordained that said body or church as a religious religions society may at a general crepe or special bial confere conference ace elect one trustee in trust 11 and not to exceed twelve assistant trustees trustees to receive hoid buy sell manage use and ana control the real anit and per personal sonai pro property erty of said church which wd said property shall sha L be free from taxation which trustee and assistant trustees when elected or appointed shall give bonds with approved security in whatever ou sum m the said conference may deeni deem SUM sufficient abent for the faithful perform performance anee of f their several duties whick which said bonds when approved shall MAU be filed in the general church recorders office at th seat of general church business when said bonds are approved by said conference and said trustee and assistant trustees shall con dinue in office during toe the pleasure of wd said church and there shill shall also be ladeby the clerk of the conference of wd said church a certificate qt isiach election or of said A trustee and as assistant tru trustees kees which shw shall be recorded in the general church recorders office at the seat of general church business i and d when said bonds are filed and wit said certificates recorded said trustee or assistant trustees may mav receive property real or por personal by gift donation bequest or in my guy manner not incompatible with the principles of righteousness or the rules or of justice inasmuch as the same shall be used managed or disposed of tor for the benefit improvement pro erection of houses for public worship borghi and instruction and the of Ze said church burch sacs 8 and be it further ordained that u wd said church holds the constitutional and original right in common with all civil and rel Siona ong communities to worship god according to the dictates of f conscience reverence to communion agreeably to the principles of truth and to solemnize marriage compatible with the revelations of f en for the security and full fail enjoyment ent of all blessings and privileges em led in the religion of jesus christ free to an it is also declared that said church does and shall possess and enjoy contina tuy the power and authority in andoe and of it MB g to orium originate t e ma make k e pass and establish rules regula regulations bohs ordinances laws customs and criterions crite rions for the good order safety government convenience comfort and control of said church and for the punishment or forgiveness of all offenses relative to fellowship accordi according to te chur church covenants that the pursuit of b afas bliss and the en enjoyment of life in every capacity of public association and domestic happiness temporal expansion pan sion ion or s spiritual increase upon the earth may not legally legally be questioned pro vidad ho however ever that at each an and every ac act or practice so es established lis ed or adopted for law or c custom 8 shall 1 relate to sole solemnities cities sacraments ra ments on ceremonies re es consecrations endowments men ti u s a la es fe 0 the religious ous du duties a of man an to his bis maker aker inas muc much as aa the doctrines doctrin eo principles practices or r performances support virtue and increase morality and are not inconsistent with or |
