Show proceedings IN UTAH under the law passed parsed at the end of the last session of congress the united stater government is prosecuting proceedings edings to wind up the affairs of the corporation known as the church ot of jesef christ ot 01 latter day saints the anti ant measures prepared a ared by senator edmunds senator fo ingalls galls and others povl provided ded among other things for the dissolution of twp tap great corporations which have been the material basis of the mormon system namely the church of jesus christ of latter day saints and the p perpetual P r p emual emigrating fund company T the h eart act declared the existence of these corporations at an end and directed the attorney general to institute proceedings in the supreme court of the territory to wind up their affairs conformably to law that is to say to pay the debts and lawful claims and to dispose of the property of the concerns the proceeds after the settlement of all equi equitable claims to be forfeited to the states and by the united states to he be applied to the benefit of the common schools of the territory the law excepts from forfeiture all buildings and grounds used exclusively for church purposes also the parsonages personages nages and cemeteries when this bill was under discussion in the senate senator vest denounced the act as a measure of simple simpie bold confiscation and nothing else he demanded to know by what right the united states declared the funds of the mormon church and of the immigration society es cli cheated ested and aad to be applied to educational purposes mr E edmunds then explained the intent of the law as that alaf after ter the last debt had been paid alter after the last stockholder had been found after the last donor or contrib contris had bad been hunted up who could show that on the principles of equity and law he be was entitled to recall his bis f und fund the residue only should be turned overto the use of the public schools that residue said mr edmunds is derelict property for which no lawful or equitable claimant can be found and the statement of it is 18 ello enough to answer the objection jew few people at the east are aware of the boope of the anti mormon legislation adopted in the last days of the forty ninth congress or that this tremendous process of di dissolution and settlement is now under way in the utah courts As far as the principal church corporation po ration is concerned there will be as mr ingalls explained little it if a any ny forfeiture of surplus property the assets of that corporation belong to the class exempted by the act in administering the estate of the corporation the court merely transfers the title of the church edifices and lands parsonages personages nages and burial grounds to duly illy appointed trustees of the individual congregations which actually hold and use them As there is no limit to the holdings of real estate for religious purposes the wiping out ot of the central church organization does not affect the rights of property the case is very dia different erent with the property of the perpetual emigrating fund company in the process ol of settling the affairs of dzat secular concern the intention is to return to in divic lual investors or contributors their share of the funds so far as their claims can be established the vast accumulation of small contributions and the increment indis in the mass will make the residue which is to be and applied to school pur purposes W V whatever are the merits of 0 the ia law under which the united states of america plaintiff has now brought bro ight suit in the supreme court of utah against the church of jesus christ of latter day saints et etal al defendants it will be seen that this law must be executed with the utmost care and caution and with the most scrupulous regard for all the safeguards of justice and equity otherwise it is capable of becoming the engine of outrageous oppression of abominable andi and un american persecution Is the law now being fairl fairly v and justly executed we learn from utah th that stin in the due course of the proceedings to wind up the corporations the supreme court has appointed a receiver of the property of the mormon church receiver is no other person than the united states marshal lor for the territory of utah la in ot other h er words the plaintiff is made receiver iti in a private suit such an appointment would be scandalous incredible for this appointment 0 i 1 l ament as receiver of a representative t pi v e of the plaintiff aud and that officer of the government too who as Mar marshal will have to serve all tile the esses that may be issued in order to get the property into his bis possession as receiver two of the associate justices of the supreme court of utah are responsible we understand that chief justice zane dissented from the extraordinary a appointment although concurring in tae the order directing a receiver furthermore it is reported upon trustworthy authority that altho ai though h the marshal receiver is ordered by t tn 0 court to give a bond in the sum SLIM of for fer the faithful administration of his trust this bond is given to the clerk of the court and the sureties are to be approved by the clerk and need not be approved by the court itself or by any judge of the court thus the ma marshal r sh al I 1 is 8 invested anve 8 ted with unlimited power over the property of the mormon church pending the litigation liti gatio n and ih in effect responsible solely to the clerk of the court suppose the clerk should accept men of straw as the receivers sureties suppose the marshal and the clerk together should make ducks and drakes of the mormon funds foods while the case is i dragging its way up to the supreme court of the united states to whom would the trustees ol of the mormon church look for their property if they should finally get a decision that th the law of forfeiture is unconstitutional and that the confiscated funds must be returned these are strange proceedings not so much in justice injustice to the cormons mormons as in justice to the united states government and the common rights ot of its citizens of what whatever ver religious faith we should say ray that the judiciary committee of the house ought to investigate this matter as soon as congress meets new york sun nov 17 |