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Watkins' Case, 3 Pet. 193 601, 604,
607, 612, 613, 620
Watson v. Sutherland, 5 Wall. 74 311
Weil v. Polack, 30 Fed. Rep. 813 234
Welton v. Missouri, 91 U. S. 275 324
Wheaton v. Peters, 8 Pet. 590
White v. Cotzhausen, 129 U. S. 329 235
White v. Smith, 77 Illinois, 351
Wickliffe v. Owings, 17 How. 47
Wilkerson v. Utah, 99 U. S. 130
Williams' Case, 3 Bland, 186
Williams v. Morgan, 111 U. S. 684
Williams v. Western Union Tel-
egraph Co., 93 N. Y. 162
Wilson, Ex parte, 114 U. S. 417
Wiltbank's Appeal, 64 Penn. St.
256
Wiswall v. Sampson, 14 How. 52

608

279

373

447

544

94

565

478

567

120

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236, 297 Wolff v. Liverpool & London & Globe Ins. Co., 21 Vroom, 453 255 Wollstonecraft, In re, 4 Johns. Ch. 80 Woodbury v. District of Columbia, 5 Mackey, 127

603, 615

218

TABLE OF STATUTES

CITED IN OPINIONS.

(A.) STATUTES OF THE UNITED STATES.

PAGE

1878, June 11, 20 Stat. 102, c. 180,

PAGE

453, 454, 455 1878, June 17, 20 Stat. 141, c. 259, 263 1882, Aug. 3, 22 Stat. 216, c. 378,

1787, July 13, 1 Stat. 51......65, 504 1789, Sept. 24, 1 Stat. 73....593, 605, 610, 611, 614, 615, 616, 618 1801, Feb. 27, 2 Stat. 105, c. 15.. 540 1804, March 26, 2 Stat. 277, c. 35, 512 336, 337 1833, March 2, 4 Stat. 632, c. 57 614 1885, March 3, 23 Stat. 437, c. 353, 1843, March 3, 5 Stat. 621, c. 87, 262, 317 1885, March 3, 23 Stat. 438.. 422 1886, July 8, 24 Stat. 128, c. 747, 81 1887, Feb. 19, 24 Stat. 637..46, 64, 66 Revised Statutes. $179.. $ 650.

544, 545 1850, Sept. 9, 9 Stat. 454......44, 62 1860, June 22, 12 Stat. 84, c. 184, 337 1862, July 1, 12 Stat. 501...45, 46, 47 1862, July 2, 12 Stat. 503....177, 178, 179, 180, 181, 201, 202, 203 1863, March 3, 12 Stat. 741, c. 76, 217 1864, June 30, 13 Stat. 284, c. 173, 560 1866, May 24, 14 Stat. 53, c. 97... 568 1866, July 13, 14 Stat. 138, c. 184, 560 1866, July 24, 14 Stat. 221, c. 230, 113 1866, July 28, 14 Stat. 329, c. 298, 217 1867, March 2, 14 Stat. 541, c. 177, 1871, Feb. 21, 16 Stat. 419, c. 62,

81

229

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Arkansas.

Revised Statutes of the District
of Columbia.
p. 2, § 2...
§§ 957-968..

(B.) STATUTES OF THE STATES AND TERRITORIES.

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Indiana.

1875, Feb. 27.
1877, March 14.

Kentucky.

453

545

.512, 513

514

1810, Jan. 27; Stat. Law, 1834,

p. 268, Sess. Law. 1810, p.100 505 1873, April 23..

513

Louisiana.

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B

Rev. Stat. 1845, p. 384...... 275
Rev. Stat. 1874, p. 718; 2

Starr & Curtis' Anno Stat.

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Nos. 1031, 1054. Argued January 16, 17, 18, 1889. Decided May 19, 1890.

The Church of Jesus Christ of Latter-Day Saints was incorporated February, 1851, by an act of assembly of the so-called State of Deseret, which was afterwards confirmed by act of the territorial legislature of Utah, the corporation being a religious one, and its property and funds held for the religious and charitable objects of the society, a prominent object being the promotion and practice of polygamy, which was prohibited by the laws of the United States. Congress, in 1887, passed an act repealing the act of incorporation, and abrogating the charter; and directing legal proceedings for seizing its property and winding up its affairs: Held that,

(1) The power of Congress over the Territories is general and plenary, arising from the right to acquire them; which right arises from the power of the government to declare war and make treaties of peace, and also, in part, arising from the power to make all needful rules and regulations respecting the territory or other property of the United States;

(2) This plenary power e onds to the acts of the legislatures of the Territories, and is usu, lly expressed in the organic act of each by an express reservation f the right to disapprove and annul the acts of the legislature the eof;

VOL. CXXXVI-1

Syllabus.

(3) Congress had the power to repeal the act of incorporation of the Church of Jesus Christ of Latter-Day Saints, not only by virtue of its general power over the Territories, but by virtue of an express reservation in the organic act of the Territory of Utah of the power to disapprove and annul the acts of its legislature; (4) The act of incorporation being repealed, and the corporation dissolved, its property, in the absence of any other lawful owner, devolved to the United States, subject to be disposed of according to the principles applicable to property devoted to religious and charitable uses; the real estate, however, being also subject to a certain condition of forfeiture and escheat contained in the act of 1862;

(5) The general system of common law and equity, except as modified by legislation, prevails in the Territory of Utah, including therein the law of charitable uses:

(6) By the law of charitable uses, when the particular use designated is unlawful and contrary to public policy, the charity property is subject to be applied and directed to lawful objects most nearly corresponding to its original destination, and will not be returned to the donors, or their heirs or representatives, especially where it is impossible to identify them;

(7) The court of chancery, in the exercise of its ordinary powers over trusts and charities, may appoint new trustees on the failure or discharge of former trustees; and may compel the application of charity funds to their appointed uses, if lawful; and, by authority of the sovereign power of the State, if not by its own inherent power, may reform the uses when illegal or against public policy by directing the property to be applied to legal uses, conformale. as near as practicable, to those originally declared;

(8) In this country the legislature has the power of parens patriæ in reference to infants, idiots, lunatics, charities, etc., which in England is exercised by the crown; and may invest the court of chancery with all the powers necessary to the proper superintendence and direction of any gift to charitable uses;

(9) Congress, as the supreme legislature of Utah, had ful
authority to direct the winding up of the affairs of
Jesus Christ of Latter-Day Saints as a defunct e
view to the due appropriation of its propert

ious and charitable uses conformable, as
those to which it was originally dedic
tinct from that which may arise from
the property under the act of 1862
(10) The p tence of religious belief
rohibit polygamy

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