Edmunds-Tucker Act provisions authorizing disincorporation of LDS Church upheld in U.S. v. Church of Jesus Christ of Latter-Day Saints. 5 Utah 361, 15 P. 473 (Utah.Terr. 1887). Appeal from the Supreme Court of the Utah Territory
Holding
Congress has supreme authority over territories, including power to dissolve the LDS Church's corporation and seize its property. Under parens patriae principles, Congress may redirect assets to charitable purposes within Utah Territory. Property was properly not transferred to church members because they were using it to further the outlawed practice of polygamy.
The ruling in Late Corporation would have directed federal escheat of substantially all the property of the legally disincorporated LDS Church, which was estimated at $3 million. Following the decision, the U.S. Attorney for The Utah Territory reported seizing only $381,812 in assets.[2]Real property, including LDS temples, was never seized, although the ruling authorized it. Within five months, the LDS Church officially discontinued the practice of plural marriage with the 1890 Manifesto. On October 25, 1893, a congressional resolution authorized the release of assets seized from the LDS Church because, "said church has discontinued the practice of polygamy and no longer encourages or gives countenance to any manner of practices in violation of law, or contrary to good morals or public policy."[3]
Chief Justice Fuller's dissent asserted that though Congress has the power to criminalize polygamy, "it is not authorized under the cover of that power to seize and confiscate the property of persons, individuals, or corporations, without office found, because they may have been guilty of criminal practices."[4]
^Rothera, Evan (March 2016). "The Tenacious "Twin Relic": Republicans, Polygamy, and The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States". Journal of Supreme Court History. 41: 21–38. doi:10.1111/jsch.12091. S2CID 148549941.
^Paul G. Kauper & Stephen C. Ellis, "Religious Corporations and the Law," 71 Mich. L. Rev. (1972-1973), 1499, 1517. This figure includes seized stock and cash in bank accounts as well as $10,000 "credits due on sheep."
"The Manifesto and the End of Plural Marriage", churchofjesuschrist.org, LDS Church, retrieved October 22, 2014
External linksedit
Works related to Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States at Wikisource
Text of Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States, 136U.S. 1 (1890) is available from:FindlawJustiaLibrary of Congress
April 11, 2024
late, corp, church, jesus, christ, latter, saints, united, states, late, corporation, church, jesus, christ, latter, saints, united, states, 1890, supreme, court, case, that, upheld, edmunds, tucker, 1890, among, other, things, disincorporated, church, jesus, . The Late Corporation of the Church of Jesus Christ of Latter Day Saints v United States 136 U S 1 1890 was a Supreme Court case that upheld the Edmunds Tucker Act on May 19 1890 Among other things the act disincorporated the Church of Jesus Christ of Latter day Saints LDS Church The Late Corporation of the Church of Jesus Christ of Latter Day Saints v United StatesSupreme Court of the United StatesArgued January 16 18 1889Decided May 19 1890Full case nameThe Late Corporation of the Church of Jesus Christ of Latter Day Saints et al v United States Romney et al v United StatesCitations136 U S 1 more 10 S Ct 792 34 L Ed 478 1890 U S LEXIS 2199Case historyPriorEdmunds Tucker Act provisions authorizing disincorporation of LDS Church upheld in U S v Church of Jesus Christ of Latter Day Saints 5 Utah 361 15 P 473 Utah Terr 1887 Appeal from the Supreme Court of the Utah TerritoryHoldingCongress has supreme authority over territories including power to dissolve the LDS Church s corporation and seize its property Under parens patriae principles Congress may redirect assets to charitable purposes within Utah Territory Property was properly not transferred to church members because they were using it to further the outlawed practice of polygamy Court membershipChief Justice Melville Fuller Associate Justices Samuel F Miller Stephen J FieldJoseph P Bradley John M HarlanHorace Gray Samuel BlatchfordLucius Q C Lamar II David J BrewerCase opinionsMajorityBradley joined by Miller Harlan Gray Blatchford BrewerDissentFuller joined by Lamar FieldLaws appliedU S Const amend I Edmunds Tucker Act The LDS Church was represented by its chief counsel Franklin S Richards and former congressman James Broadhead 1 Contents 1 Decision 2 See also 3 References 4 Further reading 5 External linksDecision editThe ruling in Late Corporation would have directed federal escheat of substantially all the property of the legally disincorporated LDS Church which was estimated at 3 million Following the decision the U S Attorney for The Utah Territory reported seizing only 381 812 in assets 2 Real property including LDS temples was never seized although the ruling authorized it Within five months the LDS Church officially discontinued the practice of plural marriage with the 1890 Manifesto On October 25 1893 a congressional resolution authorized the release of assets seized from the LDS Church because said church has discontinued the practice of polygamy and no longer encourages or gives countenance to any manner of practices in violation of law or contrary to good morals or public policy 3 Chief Justice Fuller s dissent asserted that though Congress has the power to criminalize polygamy it is not authorized under the cover of that power to seize and confiscate the property of persons individuals or corporations without office found because they may have been guilty of criminal practices 4 See also edit1890 Manifesto Edmunds Act 1882 Edmunds Tucker Act 1887 History of civil marriage in the U S List of United States Supreme Court cases volume 136 Morrill Anti Bigamy Act 1862 Poland Act 1874 Reynolds v United States 1879 Second Manifesto 1904 Smoot Hearings 1903 1907 References edit Rothera Evan March 2016 The Tenacious Twin Relic Republicans Polygamy and The Late Corporation of the Church of Jesus Christ of Latter Day Saints v United States Journal of Supreme Court History 41 21 38 doi 10 1111 jsch 12091 S2CID 148549941 Paul G Kauper amp Stephen C Ellis Religious Corporations and the Law 71 Mich L Rev 1972 1973 1499 1517 This figure includes seized stock and cash in bank accounts as well as 10 000 credits due on sheep Jt Res 11 53d Cong 1st Sess 28 Stat 980 136 U S 67 1890 Further reading edit The Manifesto and the End of Plural Marriage churchofjesuschrist org LDS Church retrieved October 22 2014External links edit nbsp Works related to Late Corp of the Church of Jesus Christ of Latter Day Saints v United States at Wikisource Text of Late Corp of the Church of Jesus Christ of Latter Day Saints v United States 136 U S 1 1890 is available from Findlaw Justia Library of Congress Retrieved from https en wikipedia org w index php title Late Corp of the Church of Jesus Christ of Latter Day Saints v United States amp oldid 1175144905, wikipedia, wiki, book, books, library,
