5 361

5 551

15* 473

UNITED STATES, COMPLAINANT, . CHURCH OF
JESUS CHRIST OF LATTER-DAY SAINTS AND
OTHERS, RESPONDENTS.

CONTRACT, LAW IMPAIRING OBLIGATION OF. -An act of the territorial
legislature of Utah, approved January 19, 1855, incorporated the
Church of Jesus Christ of Latter-Day Saints, and conferred upon
the corporation extraordinary powers, some of which the legis-
lature possessed for the purposes of government; held, that the
charter was accepted, subject to the right of Congress to dis-
approve of the law, and such disapproval was not a law impairing
the obligation of a contract.

ID. IMPLIED APPROVAL. --An act of Congress, approved July 1, 1862,
repealed portions of the act of the territorial legislature above;
held, that this was not an implied approval of the remainder
of the act, and that the remainder did not become a law of Con -
gress.
CHARTER--POWER OF CONGRESS TO ANNUL CHARTER AND TO DISSOLVE
CORPORATION.--Congress had power by an act in force, March 3,
1887, to annul the remainder of the law incorporating said church,
and the power to dissolve the said corporation necessarily fol-
lows therefrom.
CORPORATION-FORFEITURE OF PROPERTY HELD IN VIOLATION OF LAW.
-Property acquired and held by said church in violation of the
act of Congress, approved July 1, 1862, is subject to forfeiture
and the escheating thereof does not interfere with any vested
right.
ID.—PRACTICE -APPOINTMENT OF RECEIVER.-A bill in chancery
praying the appointment of a receiver, on the ground that said
church corporation acquired and held certain real and personal
property in violation of law, and that said corporation was dis-
solved, and that said church and the other defendants were hold-
ing, possessing and using said real estate, and applying to its and
their own use the rents, issues and profits thereof, and that there
was no person lawfully authorized to take charge of said real
estate, or personal property formerly owned by said church, and
that said property is subject to irreparable loss and destruction;
held, that the allegations of the bill were sufficient to authorize
the appointment of a receiver.

ID. STIPULATION OF FACTS ON MOTION FOR A RECEIVER. -From
the stipulation of facts upon motion for a receiver, it appeared
that the defunct corporation and its agents had in their possession
real property in value far exceeding the limit fixed by the act of
Congress of July 1, 1862, the title to a large portion of which was
acquired subsequently to July 1, 1862, and that a portion of it
was not held for the purpose of the worship of God, or for par-

18* 43

sonages or burial ground; held, that the facts were sufficient to authorize the appointment of a receiver.

MOTION for the appointment of a receiver under an original bill in chancery, filed in the supreme court of Utah territory, in pursuance of the act of Congress of March 3, 1887, commonly known as the "Edmunds-Tucker law."

The bill contained the allegations, which are stated at length in the opinion, and prayed a discovery from defendants, who were the trustee and twelve assistant trustees, the appointment of a receiver, a decree annulling the charter and dissolving the corporation, and other relief.

To this bill the defendants demurred on the following grounds:

1. That said supreme court of the territory of Utah has no jurisdiction of or over said defendants, or either of them. or of the subject-matter of said action.

2. That the acts of Congress of July 1, 1862, and of March 3, 1887, referred to in plaintiff's bill of complaint, or so much of said acts as attempt or pretend to dissolve the said defendant corporation, or to interfere with or limit its right to hold property, or which attempt to escheat the same or to wind up its affairs, are unconstitutional and void.

3. That said complaint does not state facts sufficient to constitute a cause of action.

4. That the plaintiff has not in and by its said bill of complaint made or stated such a case 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 the matters contained in the said bill of complaint, or any of such matters, and that said bill of complaint does not contain any matter of equity whereon this court can ground any decree or give to the plaintiff any relief against these defendants, or either of them.

The demurrer and the motion for a receiver were argued together. The other facts and the portions of the laws that are relevant to the case are found in the opinion.

The cause was argued orally in the supreme court.

Mr. George S. Peters, Mr. Henry W. Hobson, and Mr. William J. Clarke, for the complainant.

Mr. J. O. Broadhead, Mr. J. E. McDonald, Mr. F. S. Richards, Mr. Le Grand Young, and Messrs. Sheeks & Rawlins, for the defendants.

ZANE, C. J.:

The complainant filed in this court its bill in chancery under an act of Congress in force March 3, 1887. The bill prayed that a decree be made by this court forfeiting the charter and dissolving the corporation known as the "Church of Jesus Christ of Latter-Day Saints," as well as for the appointment of a receiver of the assets of the corporation, until disposition could be made thereof according to law, and for other relief. The motion for the appointment of a receiver is now submitted for our decision, on the bill and the facts as stated in a stipulation entered into by the parties and filed in the case.

On the eighth day of February, 1851, the assembly of the so-called State of Deseret, afterwards organized as the Territory of Utah, passed an ordinance incorporating the Church of Jesus Christ of Latter-Day Saints. After the organization of the territory of Utah, this ordinance was. re-enacted January 19, 1855, by the legislature and approved by the governor of the territory. This is the charter in question. Its terms are as follows:

"An ordinance incorporating the Church of Jesus Christ of Latter-Day Saints.

"Section 1. Be it ordained by the general assembly of the state of Deseret, that all that portion of the inhabitants of said state which now are, or hereafter may become, residents therein, and which are known and distinguished as The Church of Jesus Christ of Latter-Day Saints,' are hereby incorporated, 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 and be defended, in all courts of law or equity in this state; to establish,

order, and regulate worship; and hold and occupy real and personal estate, and have and use a seal, which they may alter at pleasure.

"Sec. 2. And be it further ordained that said body or church as a religious society, may at a general or special conference elect one 'trustee in trust,' and not to exceed twelve assistant trustees, to receive, hold, buy, sell, manage, use, and control the real and personal property of said church, which said property shall be free from taxation; which trustee and assistant trustees, when elected or appointed, shall give bonds, with approved security, in whatever sum the said conference may deem sufficient, for the faithful performance of their several duties; which said bonds, when approved, shall be filed in the general church recorder's office, at the seat of general church business, when said bonds are approved by said conference; and said trustee and assistant trustees shall continue in office during the pleasure of said church; and there shall also be made, by the clerk of the conference of said church, a certificate of such election or appointment of said trustee and assistant trustees, which shall be recorded in the general church recorder's office, at the seat of general church business; and when said bonds are filed, and said certificates recorded, said trustee or assistant trustees may receive property, real or personal, by gift, donation, bequests, or in any manner, not incompatible with the principles of righteousness or the rules of justice; inasmuch as the same shall be used, managed, or disposed of for the benefit, improvement, erection of houses for public worship and instruction, and the well-being of said church.

"Sec. 3. And be it further ordained that, as said church holds the constitutional and original right, in common with all civil and religious communities, 'to worship God according to the dictates of conscience;' to reverence communion agreeably to the principles of truth, and to solemn ize marriage compatible with the revelations of Jesus Christ for the security and full enjoyment of all blessings and privileges embodied in the religion of Jesus Christ, free to all, it is also declared that said church does

and shall possess and enjoy continually the power and authority, in and of itself, to originate, make, pass, and establish rules, regulations, ordinances, laws, customs, and criterions, 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, according to church covenants; that the pursuit of bliss, and the enjoyment of life, in every capacity of public association and domestic happiness, temporal expansion, or spiritual increase upon the earth, may not legally be questioned; provided, however, that each and every act or practice so established, or adopted for law or custom, shall relate to solemnities, sacraments, ceremonies, consecrations, endowments, tithings, marriages, fellowship, or the religious duties of man to his Maker; inasmuch as the doctrines, principles, practices, or performances support virtue and increase morality, and are not inconsistent with or repugnant to the Constitution of the United States, or of this state, and are founded in the revelations of the Lord.

"Sec. 4. And be it further ordained that said church shall keep at every fully organized branch or stake, a registry of marriages, births, and deaths, free for the inspection of all members, and for their benefit.

"Sec. 5. And be it further ordained that the presidency of said church shall fill all vacancies of the assistant trustees, necessary to be filled until superseded by the conference of said church.

"Sec. 6. Be it further ordained that no assistant trustee or trustees shall transact business in relation to buying, selling, or otherwise disposing of church property, without the consent or approval of the trustee in trust of said church."

The purposes of the corporation as indicated by the powers conferred upon it by this charter are numerous and varied. Some of them, it is true, are expressed in vague terms; but the capacity is granted to act in various ways, and to make laws and regulations with respect to very many subjects. The corporation is confined to no particular purpose. No precedent can be found for conferring