| Show CHURCH PROPERTY restoration As aa readers or of the have already been informed the united butted baates house of representatives on the eth of october last pissed passed without objection the following joint resolution house bouse res bus N iso oo 00 84 introduced some time previously by hon joseph L rowline Bele Deleff irate ate from this territory whereas the corporation of the church of jesus christ of latter day saints was dissolved by act oi of congress of march 3 8 1887 and whereas the personal property and money belonging to the said bof corporation po ration is now in the tho hands bands of a ellby ell ed by the supreme court of the territory of utah and whereas so according dording to a decision of the supreme court of the be united states tae said property in absence of other disposition by act of congress to subject tobo to be a applied to such charitable uses lawful in their nature as may most nearly borres correspond to the purposes for which said property was originally destined and whereas where said property is the result of contributions and donation made by members of ald church and was designed it to be devoted to the charitable uses thereof under the diree ion and control of the first presidency of said church churchard Chur chand and whereas said church has discontinued the practice of polygamy and no longer encourages or gives gives countenance in any manner to practices in violation of lawt law or contrary to good morals or public P policy and if the said personal property is restored to said church it will not be devoted to any such unlawful purpose therefore by the senate and house of representatives of the untied united states of america in congress assembled that thac the said personal property and money now in the hands bands of uch such receiver be and the same is in hereby restored to the said church of jesus christ of latter day saints sainto to be ap applied lied under the direction and control of of the first Preal presidency dency of said church 0 o the charitable uses and purposes thereof and the said receiver alter after deducting the expenses of his receivership under the direction of the saw said supreme court of the territory of utah is hereby required to deliver the said property and money to the persons now constituting i ihu he presidency ot of said church or to such permon pemon or poisons persons ai they may designate to be held mid and applied generally to the charitable uses and pur of said church The resolution having been referred to 0 the 9 committee 0 on n j judiciary u d it w wac on skis tie above date reported to the house with the following amendment page 2 otter alter the word receiver insert we ine words not arising from the sale or rent of real estate since march 8 1887 01 the matter evoked some discussion afew a few members insisting that insomuch inasmuch as toe the resolution the map si 81 ot of mouy money belonging beloli ging to the united states it should he be boust coust eard I 1 in a out corn miltree ot the whole mr opposed ih 8 0 orica and made a plain jor forcible cible au alii i apparently convincing argument arguna eni for the reso ution was soon brought to its fib passage and w amended passed on saturday the of october as r IA our readers have alio been informed resolution came up for die cussi oca in the senate that body blodys va committe eon judiciary through senator teller reported it with an amendment and senator peffer who was and for two hours had been ad bearing the senate on the silver purchase repeal bills bill courteously yielded for its consideration the following debate ensued mr teller I 1 am directed by the committee on the judiciary to whom was referred the joint resolution H res re 34 84 providing for the disposition of certain personal property and money now in the hands of a receiver of the church of jesus christ of latter day sainta saint a appointed by the supreme court of utah and authorizing its application to the chati charitable purposes of said church to report it with an amendment and as it is a matter of some im importance and will not take any time 1 I sav ask that the joint boint resolution be put on its paa passage by unanimous consent the senate as in comin committee it tee of the whole proceeded to consider the joint resolution the amendment of the committee on the judiciary judiciary way was in line 9 after the wor word 11 thereof to add that is to say sav for the payment of the debts for which said church is legally or equi equitably equitani tabI liable for the relief of the poor and distressed distress members men obera of said eaid church for the education of the children chil dien of such members and for the building and repair of houses of worship for the use of said church but in which the rightfulness of the practice of polygamy shall not be inculcated mr dolph I 1 do not at the present time object to the consideration of the joint resolution but I 1 will withhold a any ny objection until the senator from colorado will make a brief statement in regard to 10 what the measure is I 1 should like to know how much money is involved and precisely what the money is derived from mr teller I 1 understand that the sum involved ia n about this thia is the personal property ot of the mormon church that went into the hands of the receiver which under the decision of the court goes to the church when the receiver took possession of the property he claimed that about should come to him 1 which the be church had collected in th the way ot of tithes and paid out although the be church had disposed of it to such an extent that it could not recover it the church was compelled in order to have no rouble with the receiver to borrow that amount agouni of money out ot of bank and it turned over to the receiver instead of property that amount ol of bonev this is for the purpose of enabling the church to pay back the which it borrowed which it could not pay out under the ruling of the ahe court except on the passage of this measure the joint resolution has approval the of the judiciary committee with the amendment report reported id I 1 believe it has the approval of the department and everybody who has hai any interest in it mr dubois I 1 ask the senator from colorado whether the joint resolution stands as passed by the house of representative representatives senta tive tives mr teller it is in the ame fame f except that under the joint resolution as passed by the other house it may be uncertain whether the church could pay the it is not desired that thai it ii shall pay it because that la is a debt the church is not able to pay and which in equity it never ought to have been required to pay over to the receiver it is the money handed to the receiver which is to be paid back to the church 4 r t that hat la is all DR mr dolph 1 p h but t the amendment of the committee goes further I 1 think and authorizes the he money to be expended in part for the arec ion of houses of worship mr teller the whole matter is charitable the supreme court of the united states practically declared that it was to be turned over to the church for charitable purposes purpose and that would exclude the church from paying the debt undoubtedly it could use it without this provision being put in but the commit committee or rather the ibe subcommittee sub committee which had it in charge thought it best beat to put it in really the measure is for the parke pure pare e of enabling the church to receive k in cash that it advanced to the receiver the prest presiding ding officer mr Gallin ballinger Oal linger glor in the chair the question is ison on agreeing to the amendment of thoo the committee ommittee the amendment was agreed to mr teller after the word chura hip in line 16 1 move to insert the be word 84 a aforesaid the amendment wits was agreed to the joint resolution was reported to the senate as amended and the amendments were concurred in the amend amendments monts were ordered to be engrossed and the joint resolution to be read a third time the joint resolution was read the third time and passed the preamble wax was agreed to the adoption of amendments made the return of the resolution ou to the house and the latter body bod y at its ii ex t session monday october 2 8 rde promptly in the changes made by the upper chamber the res reg 0 lution was thereupon or jered a gross if 1 as an amended and forwarded to the president tor for his bis approval private pr I 1 v ate received in tuis this city on the evening of the was t to the fleit fl abt that he had signed the bill this news baving been since affirm affirmed eg in toe public prints which gives the rt solution resolution and makes it a law of the laud land there was an intimation however that owing to the fact that the matter was now in controversy before the united states stales supreme court on appeal a quibble might ariae to as to the effect the passage of this bill would nave bave upon the case at bar it will be remembered remember el ea that iu in its last ruling on the matter the supreme court of r this territory re restored certain properly to the church to this pirt part ot of the decision the attorneys fur for the government took exception and an appeal in the same memo ruling i here were points to which the attorneys fur for the church took exceptions except iolas aud on their part also took an appo appeal lt it is accordingly this de decision oldon ap AD pealed from in its different reco recommendations ions by both parties to the cases case iliac the court of last as resort is now nor to review and pass upon and it is to sustain the church side of the controversy that hon F S is abir iu in washington his brief which is concise logical and admirable mirable sa in its of the case was received by the NEWS sumo sume days agi ag but extracts from it were not given at the time for the reason that a portion of the property properly would probably be restored by the bill then pending and now passed and the argument would have to be modified aco ordin ly the case is thus simplified to this extent the supreme court in conformity with the bill will dismiss the matter of personal property and proceed to the hearing of the points involving the other property A motion to this effect was waa to be made by mr richards bards tobay to lay but at the time of this thie writing no information has baa been received as aa to whether the motion prevailed though it was waa believed there would be no ob objection lection the energy and skill of delegate rawlins in securing the prompt pas sage of his big resolution are to be highly commended and on the result thus for far not only the members of the church but the people of the nation are to be truly congratulated enere ban baa scarcely arcely eo been any opposition iOD rt at all bore or elsewhere to the step that has teen been taken jt it is an act of ustine justice tardy though it may bi and the triumph of the right should give genuine pleasure to every true patriot and every honest person everywhere |
