Show OVERRULED the demurrers in the church cases peremptorily brushed asile aside ANSWERS FILED IN THE AGAINST THE CHURCH AND P E FUND CO THE EHE CASES WILL NOW GO TO THE UNITED unaired STATES SUPREME COURT the territorial supreme court met its as per adjournment last evening to its proceedings as a c court urt of equity in the suits of the united states against the church and the P E fund company col J 0 broadhead senator J E mcdonald McDonal cl lion hon F S richards and anu lion hon le grand young were entered as attorneys for bishops wm win B preston robert T burton and john R winder who had beep been named as a additional defendants mr richards presented the follo following demurrer for these defendants IN THE COURT OP OF TUB THE zen OF UTAH NO OF in equity the united states of america plaintiff vs the late corporation of the church chuch of jesus C christ irist of latter day saints and john taylor late trustee in trust and wilford woodruff I 1 lo 10 delizo 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 late assistant assisE ant trustees in trust of said corporation williaw william B preston ribert R ibert T burton barton and john R winder defendants DEMURRER the above named defendants william B preston robert T burton a d john R winder by protestation not conf confessing essinK all or anhof any of the matters and things thins in tile the plaintiffs plaintiff Is bill ot of complaint contained to be true in such manner and form as tile the same is therein set forth and alleged do demur to the said bill of complaint and for cause of demurrer show and allege first that said supreme court of the territory terri to ry of utah ria in i no jurisdiction of or over said defendants deafen lants or either of them or of the subject matter of said action aanon second that the acts of congress I 1 of july 1862 and ot of march ad 1887 referred to in plaintiffs plaintiff Is bill of complaint or so much ot of said acts as ae attempt or pretend to dissolve the said defendant corporation or to interfere with or limit its right to hold held property or which attempt to escheat the same or wind up iti it affairs are unconstitutional ulon and void third that said complaint des not state facts sufficient to constitute a cause ot of action fourth that the plaintiff has not in and by its said bill of complaint made or stated such a case Us as entitles it in a court of equity to any discovery from these defendants or either of them or to any relief against them or either of them as to to iu matters contained in the said bill of complaint or any aak of such matters mt and that said bill of complaint does not contain any matter of equity whereon this court can ground any eeor give to the plaintiff any relief against these defendants or either of them Wile wherefore and for divers other good causes of demurrer appearing in said bill of complaint the def defendants do demur thereto and humbly demand the judgment of this court whether they gaall be compelled to make any further or other answer to the said bill of complaint and pray to be hence dismissed with their costs and charges in this behalf most wrongfully sustained e HI JAMES 0 broadhead P J E I 1 FRANKLIN S Wd RICHARDS HARDS L lbs GRAND attorneys ad d counsel pr defendants 1 I franklin 4 richards Pic hards 9 ae of of the attorneys and counsel iol or thie the abaye named def defendants hereby that in my opinion the foregoing demurrer is well founded in point of law FRANKLIN fluN KLIN S TERRITORY OF UTAH I 1 county of salt lake Is J Bs S I 1 john R winder being first duly sworn on oath do say that I 1 am one of the defendants in the above entitled action and that the foregoing demurrer is not bot interposed for dela delay JOHN R WI WINDER subscribed and sworn to before me this ninth day of november AD 1887 J H arseal eal notary public for salt lake county dge 1 Za aThe e court is of the 4 opinion t that at the aijrer of the respondent pinion ade t tp the complaint should be overruled overruled the tae reasons lof tha 4 are re given in the opinion filed 0 on n he motion to appoint a ree receiver eiver th this is is a the order in the church cases cabes As to the the P E fund company that demurrer is also submitted Vs a it not mr richards yes sir air sir peters there is no hurry about that matter if your honors desire more time that case has not been fully presented as yet mr richards if the court please we would ask that the signatures of of attendants to the ans answers in the affsa cases be waived we desire fhe 0 show this court 14 I 1 the pe order be entered judge zane Q the court is of the opinion that the demurrer dei in the case 1 of the united states vs P E fund company should be overruled we have not examined it quite as care fully as in the church case but it covers substantially the same ground 1 mr richards we also ask that the signatures to the answer in that case le LC waived judge zane let that order be made and leave be given to 0 o answer TUB THE ANSWERS in the cases were then filed as follows follow S IN THE SUPREME COURT OF OB TERRITORY OF UTAH urah no OF TERM in equity the united states of tiff vs the late corporation of the church of jesus christ of latter day saints and john taylor late trustee in trust and wilford woodruff lor lorenzo anzo snow erastus snow franku franklie Fran klic D richards brigham you youad moses thatcher francis M lyman jhn J hn henry smith george teasdale heber J grant and john W taylor late assistant trustees in trust of said corporation po ration ioD defendants THE ANSWER ANSWER of the corporation of the church of jesus christ of latter day saints to plaintiffs complaint the corporation of the church of jesus esus christ of latter day saints defendant f in plaintiffs plaintiff Is complaint no now IN aadal and at all times hereafter ne saving and reserving unto itself au benefit and advantage ot of exception which can or may be had or taken to the many errors uncertainties and other imperfections of toe the said bill of complaint of the united states of america for its several separate answers thereunto or to so much or such parts thereof 4 as said defendant is advised it is id material mater or necessary to make answer unto answering says first said defendant avers that on the ath day of february A D 1851 the assembly ass emoly ol of the provisional government ment of the S state tate of deseret Ue seret which was afterwards organized zid as the territory of utah passed an ordinance incorporation I 1 and granting corporate powers rients and privileges to the church of jesus chi of latter dai da saints that afterwards ou on the jtb th day of february A 1 D 1851 the said ordinance was duly approved a copy of which said ordinance is hereby made part hereof and attached hereto as exhibit all A that afterwards afterward to wit on ath A D an act of the leg assembly of the territory of utah was approve approved adopting legalizing and validating ail ah ordina ordinances aces of the assembly asb embly of toe the provisional government ot of the state of deseret Ue seret making the same and all of them laws of the territory of utah a copy of which said act of the legislative assembly of the territory of utah is hereby made part hereof and at hereto as exhibit 0 that afterwards to wit on jan A D act of the legislative assembly of the territory of utah was approved adopting re enacting and making valid ine vald said ordina ordinance uce of the assembly ot of tile the provisional government of the state of deseret berela hereinbefore before set forth which said act was entitled I av an act in relation to the compilation and revision of the laws and resolutions in force in utah Terri territory cory their publication and distribution that said ordinance and said acts of the legislative assembly of the territory of utah constituted and were and are a contract by and between the territorial government of the territory of utah and the united states slates of america I 1 OR OB theone the one part and the persons accepting said corporate grant and becoming tors lors of the said defendant corporation po ration the church of jesus christ of latter day clay saints on the other part that bv said ordinance and acts of said territorial leg is latare hereinbefore se set forth the said corporation defendant herein had bad and possessed the power to acquire and hold betl real and personal property without jimi limitation atlon as s ti to the value an and amount for or the purposes spec speeded species in its charter seconded second dad defendant herein f further avers that to in its cor borate nanae name it never acquired owned or held any real or personal property whatsoever but that said defendant corporation by virtue of and under the powers granted by said ordinance did acquire and hold bold certain real and personal property through and in the name of a trustee in trust for said defendant corporation that afterwards to wit on july 1 AD 1862 a certain act of the congress of the united states of america was duly approved by the third section of which it was enacted and provided that it should not thereafter be lawful for any corpo corporation radon or association for religious or charitable purposes seB to acquire or hold real estate in any territory of tao states during the existence of tae 3 government of greater value tw efty tho thousand dollars especially provi providing tog that egisti existing nj vested rights in rest real estate should not be impaired by the provisions et at said raid act a copy of which said act of congress is hereby made part hereof and attached hereto ss as exhibit 0 11 and defendant avers that it was at the time of its creation ever since has been and still is a corporation or association for religious or charitable purposes that afterwards to wit on march 3 8 AD 1887 a certain act of the congress of the united states of america took effect by which ehtel 1 the general government of tho the ual united tel states of america el claims at m attempts and purports to have disapproved and annulled an au the said ordinance of the assembly odthe of the provisional government of 0 the state of deseret and the said acts of atie legislative As embly of the territory of utah hereinabove yet bet forth and made a part hereof and claims att Apts and purports to have dissolved aud and said defea daut corporation po ration at a copy of section and 26 of which said last named act of congress is hereby made part hereof and attached hereto as ID D aad said defendant corporation here now avers that the tab sald said last jamea acts of congress hereinabove set forth sad and referred to or so much it 1 I said acts as attempt or pretend to 10 dissolve the said defendant corporation or tu to interfere with or limit Us ils right to hold bold property or cuica attempt to escheat tile the same or to wind up its affairs were werd and are unconstitutional invalid and void that said genet a government of the united states slates ot of america has not now and never ha bar nad had or possessed the power or right to repeal or annul the ordinance and acts act creating said defendant corporation and g granting unto it in perpetuity certain rights right powers and privileges nor any oi of view them the same being in ahe nature of contracts by and between the territorial government of the territory if cf autu and tae me united states ou oil the one part and tae incorporators ol oi said defendant corporation on the other that said defendant corporation po ration relying rely iua upon the said ardi nance and acts of incorporation as contracts coa in good faith acquired and obtained benain leal and ana property as lawfully and justly it might and neld the same by a f in trust as in said ordinance and acts of lawfully pro libed third said defend defendant int corporation avers that at the time the said act of congress last set foith to wit march 3 A D 1887 went into dj force and took effect I 1 the said defendant corporation by and through certain trustees held and owned three certain pieces tracts or parcels ol of real estate and no more which said three pieces ti acts or parcels of real estate are described as follows to wit all of block eighty seven 87 in plat A salt lake city survey in bult L lake a ke county utah territory commencing Comme neing four our 4 rods north of the southwest corner ot of lot four 4 block eighty eig gaty eight 88 plat ph it A salt lake city bur vey Y theace north twenty six 26 rods thence east twenty 20 rods thence south twenty two and one half 22 rods thence west lour lo urleen teen 14 rods thence south three and one aalf M 1 rods thence west ivest six 6 rods to the place of beginning containing two and acres all of that part of lot six 6 in ill block seventy live five 75 plat A salt lake city survey hounded bounded and des described e bribed a as a follows commencing at as tile the northeast corner of said lot thence south ten tell 10 rods thence west seventeen 17 rods thence north ten 10 rods thence east sevel seventeen iteen 17 rods to the place of beginning and defendant further avers that it had acquired and owned and held two of said above named tracts or oc parcels of real estate prior to the passage and approval of said act of congress approved july 1 AD A D 1802 1862 to wit the two pieces pt real estate described as follows to wit A all I 1 of block eighty seven 87 in plat A salt lake city survey in salt Suit lake county utah territory commencing four 4 rods north of the southwest corner of lot four 4 block eighty eight 88 plat A salt vey thence north six IW 26 rods th jaee e east is t twe twenty nty 20 2 rods thence south twenty two and one half 22 rods thence west fourteen 14 rods thence south three and one half 13 3 rods thence west six 6 rods to the place of beginning containing two tiro and nd acres that toe the piece of real estate first above described to wit all allot of block eighty seven 87 in plat A salt lake city survey was on the day of february 1887 and ever ever since the year 1850 has been and now is usell and occupied exclusively for purposes of the worship of af god defendant further avers that the only pie piece e t tract t or parc parcel elOf bf real estate thai it 0 oy fled ed and held hekl by and through trustee at t the time the aid act of congress on ress of af march g 0 A P ap 1887 too took e defect act which had been bt en acquired by sa said defendant gorp corporation oration subsequent to the passage and approval royal of the said act of congress congles 9 oi of yuly july 1 A D 1862 1802 was and is the tract or parcel of real estate described as follows to wit all of that part of lot six 6 in block seventy five ave 75 plat A salt sal t lake city survey bounded and described as follows commencing at the north east corner of said lot thence south ten 10 rods thence west seventeen 17 rods thence north ten 10 rods thence east seventeen 17 rods to the place of beginning which said piece tract or parcel of real estate the said defendant acquired bel dand possessed more than five years to wit nine years prior to the institution of this suit and defendant further avers that the last above described tract of real estate was atthe at the time baid act ot of congress of march g A I 1 took ef act and always aiace it was as acquired by said corporation has hag been sud and still is used aed and occupied only and solely as parsonage property and that the same was and is necessary for the convenience ven veni tence ence and use of the congregation church or religious society using tae same as its parsonage said defendant corporation urther further f avers that since the time of its creation as such corporation it has acquired owned and held divers and sundry other tracts and parcels of real estate but that long prior to the taking effect of said act of congress of march 30 A D 1887 the slid defendant |