| Show UNITED UNIT ED STATES VS THE CHURCH stipulations of facts and proceedings ce in the case today to day I 1 to days proceedings in the suit of the government against the church of jesus jesu s christ of latter day saints saint began in the territorial supreme court this afternoon the complaint complot t iu I 1 t tto case cas e filed last august ax and id p nl heffi at the time was read by bv mr bir hodson of cOul counsel lel lot lor plaintiff tiff the coal complaint sets seta forth that the church prop erty is valued at ii WO mr hodson then read the statement of facts in the case as agreed upon by counsel in the case cae the statement is as follows IN THE SUPREME COURT OF THE TER or OF urai no of term 1 in equity the united states of america plaintiff vs the late corporation of the church ol of jesus burist of latter day saints an and d john taylor late trustee la io trust and wilford woodruff L le benz nenz 0 snow erastus snow amda lin hn D richards Eich ards brigham bobo moses thatcher francis M iff wan john henry hemy smith ge geaw teasdale heber J grant and jolin job W taylor late assistant trustees in trust of said corporation defendants fend ants stipulation OF FACTS 1 on motion for the appointment of i receiver for the purposes of this motions motion ot the appointment of a Re receiver celver in the above entitled cause and for no othu other purpose it is agreed that tae me folloW following 14 facts exist the act of congress of 1887 entitled an act to amend an act entitled an AD act to amend section lifty fifty three hundred and fifty two of the revised statutes of the united states in reference to bigamy and tor for other purposes approved march twenty second eighteen hundred and e waty two kwoi was received uy by the president of ile united states on the day of february 1887 and was not approved by him nor returned to the house heuse to la C h it originated with his objections I 1 john taylor was trustee in trust for the defendant the fib church arch of jesus christ of latter latler day clay saints when such act took effect and he claimed to tw bc aud CL to exercise powers I 1 of such trustee in trust until h big deain on the day ot july no successor sum ot asor to said john Tay taylor lorios s trustee i in trust ihas has been elected fit appointed for said bald church of besto christ of latter day nol but wilford woodruff is now cow president of ii said church the defendants wilford Wo woodill M lorenczo snow arastus snow frank liti lin D richards brigham young moses thatcher francis M lyman jaha henry smith george teasdale heber heberd J grant and john W taylor were never ASSISTANT of th the corporation of the church charch of jesus christ of latter day saints never having been elt elected etea appointed or qualified as such and no sue such assistant trustees as provided for by the act of incorporation were ivere ever elected or appointed for the said jorin jonn taylor but said last named de fend ants and each of them were the counselors and add advisers of the said john taylor and advised with hl hin ipg mpg regarding the religious and atkari charitable table works and affairs of said church and regarding the management use and and control of the property belonging to said church when said act took effect the defendant fen dant the church of jesus christ of latter day saints by and through certain trustees hela held and owned three certain pieces tracts or of real estate described as follows I 1 to wit x all of block eighty seven 87 in plat A salt lake city survey in salt lake county utah territory known as the temple block and containing ten acres of land that tract of land commencing four W 4 rods north of the southwest corner corner ot of lot four 4 block eighty eil eight ht 88 plat A salt lake city survey thence north twenty six 20 26 rods thence east twenty 20 rods roda thence south twenty two aud oue one half ay 22 rods thence west fourteen 14 rods thence south three and one ai rods thence west six sik 6 rods to the place of beginning containing two and acres known as tae tithing houses and grounds all of that portion of lot six 6 in block seventy live 75 in plat A salt lake city survey and bounded as follows commencing commencie at the northeast corner of said lot thence south ten 10 rods thence witt watt eighteen IS 18 rods roda tarence north ten 10 rods roda thence east eighteen L 18 rods to the place of be giu nine knowd as thi the gardo house and grounds and the historian office and grounds all of the above real estate is situated iu in the townsite entry of salt lake city ind and the said land was patented by the united states to the mayor of said city on the first day ot of june A D 1872 the defendant de fen dant the said church of jesus christ of latter day saints had occupied didd claimed to possess I 1 the itie first of above named tracts or parcels ot real estate prior ip the alist day of july 1852 1662 which said premises are described as follow 4 all allot of block eighty seven 87 in a plat A salt lake city survey in te halt alt lake county utah territory e that the second tract of land above described as the tithing house and grounds was occupied and used oy by said aid s church of jesus christ of litter latter aay saints as a tithing house prior to 1862 that the patent 0 lo 10 o said land having been issued as aforesaid a deed was executed to YOUNG in his individual name tuat that he held the tite in his individual name until his death and after his death the church authorities claimed said tract as property held jn in trust for said church and that in pu pursuance of said claim the executor brig brigham ham young conveyed said property to john taylor trustee i in n trust of said church brigham young at the time said conr meyance was wals made to hirwas trustee in trust for said church the said defendant the church of jesus christ of latter day saints has acquired since july 1st ast 1862 to wit in july 1878 8 the tract of real estate described as follows all the east half of lot six 6 1 in block seventy tive five 75 73 plat A salt lake city survey andl bounded abdol lows commencing at the northeast corner of said lot thence south ten 10 rods thence west eig eighteen chateen 18 rods thence norish 10 rods thence east eighteen 18 rods to the place of beginning the piece of real estate first above described to wit all of block el beigh 11 ty seven 87 in A ei salt t lake city survey had been prior to 1862 occupied and possessed by said church of jesus christ of latter day saints and set apart for church purposes and upon the sanae same glor prior to 1862 had been built a builds building known a as the tabernacle and sine since t 1862 has been built a building known aa the assembly hall and there has been partially built a structure KNOWN AS THE TEMPLE which was commenced prior to 1862 upon the northwest corner of said tract is id the building know nas the endowment house the tabernacle and assembly hall are on the west half of said tract and the temple structure is on the east hall half of said tract the entire tract is enclosed by a stone wall and no part thereof has been used for any other purposes the piece of property known as the gardo house was after its acquisition and up to the time of the detthof dea john taylor occupied by him as president of said church as uis nis residence and upon its acquisition a general conference of said church of jesus christ of latter day saints de cle ignatee said gardo house elouse as the residence of the P president r of said church and it has b been ien since so considered claiming to act under the requirements of the section ot of the act tf of congress referred to in plaintiffs ill of ot complaint as having been passed february 1887 application was made to the probate court in and for the county of salt lake utah territory for the appointment of THREE TRUSTEES to take the title to and to have and to hold bold the said three tracts or parcels parcel ot real estate hereinbefore described and the said court did claiming to act pursuant to said section of said saida act of congress on the ed day Y of may 1887 appoint wm win B pr preston st on robert T burton burlon and john K R winder trustees to take title and to have and to hold the said bald three tracts or parcels of real estate hereinbefore described and afterwards deeds were executed purporting to convey and t transfer the said three tracts of real estate to the said preston burton and winder claiming to be trustees by virtue of the proceedings aforesaid and said isaid tracts of land are now claimed to be held by said preston burton and winder claiming to bo b trustees trustees for said church as af oressie or essid on the of february 1 john taylor who was then trus krusee e ein e in trust tor for the church of jesus christ of latter day saints held in trust certain personal property goods and chattels oil the aggregate value of 39 which it is ii claimed by the defendants and denied by the plaintiff had theretofore been con contributed trib buted by the individual members of said church tor for the purpose of building temples and for otner other charitable and religious on S purposes on said last named date the said john taylor as trustee i in a trust executed an instrument in writing a copy of which is hereto attached aad made part hereof marked exhibit A that in pursuance of ozithe athe provisions of the instrument aforesaid certain property of the value approximately as set out below WAS DELIVERED bELl VERED to the following named ecclesiastical church corporations created and exist ing under the laws of the territory of utah to the church association of C cache ache stake estate of zion 45 08 to the church association of box elder stake of zion 18 to the church association of weber state Stake of zion 1140 0 06 to the church association of morgan stake of zion 2716 57 to the church association of summit t take tabe of zion 20 to the church association of wasatch S take stake of 0 zion 60 90 to the Church association or of salt late lake stake of zion a 70 to the church association of iovele io oele stake of o f zion da to the church association of juab stake of zion 03 to the church association of utah baake of zion 00 to the church association of sanpete stake of zion 13 to the church association of sevier stake of zion 50 to the church association of millard stake of zion 89 to the church association of beaver stake of zion 36 to the church association of panguitch stake of zion 30 to the church association of st george stake of 41 to the church association of kamb stake of zion 77 total 39 the members odthe said stake corporations po rations are members of the church of jesus christ of latter day saints and it is claimed by defendants and denied by plaintiffs that they were substantially the original donors of said property in their respective stakes the church of jesus christ of 01 lit lat ter d daiy diy ty saints was a corporation for the purposes set out in the act ace incorporating po rating said church at the time the act of congress of 1887 1987 heretofore set out took effect and has claimed to exist as a corporation ever since that time THE TITHING HOUSE and grounds grou aris as hereinbefore set out are not and never have been used as a place of worship or parsonage connected therewith or as burial ground nor are they appurtenant to any thereof the portion tion of the th third ird tract of ef land set out in the first part of this agreement as the gardo house and grounds and the historians office and grounds ground 4 which is known as the His historians office ind and grounds comprise a tract about eight by ten rods the building thereon is a three story adobe building about 35 jeet feet by 45 feet the grounds of the gardo house and the grounds odthe of the historians office are separated by a terrace and for a part of the way by an evergreen hedge the historians office and tract has been used as the office and residence of them the historian of said church and andas as a depository for the records of said church and for lit library purposes and has been so used since prior to 1802 1862 for the purposes of this motion the PROBABLE VALUE of the real estate herein described is estimated as follows lol lows 1 the temple and tabernacle block one hundred and fifty thousand dollars 2 ane tithing house aud and grounds twenty five Thou thousand sant Doll dollars artt 3 the portion of tract three known ss as the gardo house and grounds rounds Fifty thousand dollars 4 the portion of tract three known as the historians office aud and grounds ten thousand dollars the proceedings and resolution hereto attached ond made part hereof I 1 marked exhibit B were he held id anad and passed at a general conference of the church ot of jesus christ of latter day saints whick was as ini in session april ath 1887 the exhibit hereto attached as a part hereof marked exhibit C shows the action of the church authorities in nominating trustees as a provided for by said aid general general conference as set out oat in echi exhibit bit B nothing admitted or set out oat in this a agreement re ement shall in anywise BIND A RECEIVER in IB case one be appointed by the court upon the motion pending nor shall his powers be in anywise limited or abaid abridged ed by bv anything herein set out the motion tor for receiver now pending and the hearing thereon shall be determined upon this agreement of facts tacta alone neither baity offering any aal evidence dated oct 19 1887 GEORGE S PETERS s united states attorney JAMES 0 JUS jos E McDON ALP FRANKLIN FRAKLIN S hards ln GRAND YOUNG attorneys Attorney sand and counsel tor for defendants exhibit A is a conye conveyance yance of property to the various stakes as set forth in the stipulation of facts exhibit B is toe the preamble and reso lations adopted by ta the e general conference of the church at provo pro vo friday april esth 1887 nominating nomina tinH bishops william B R P Pres A to too 1 1 robert T burton and john R winder as trustees for the property of the church under section 20 of the E edmunds amunds tucker law exhibit C is the petition of the first presidency to the probate court for the ap appointment ointment of the trustees before mentioned mr peters peters announced that counsel had agreed upon an arrangement for the arguments if acceptable to the court this arrangement was that the attorneys for government should open the tae case then the defense ahod occupy the time then the plaintiff defense and plaintiff in the order named to the close judge zane I 1 inquired how long the arguments would take hike and senator mcdonald wdonald replied that they would probably ably lash last till friday noon the alst assistant district attorney wm jmj J clarke made the opening argument for the plaintiff he said the tae territorial supreme court had been vested with equity powers by congress for the trial ot this suit congress Con ress in the exercise of its sovereign powers avei the territories had bad the ob church u ach and there be teion a no one legally entitled to the possession of its pr pro 1 arty the government asked the a appointment p p IN adment of a receiver to take possession of the said property properly until it be finally disposed of mr clarke was still speak speaking iLg W when hen the NEWS went to press |
