| 656 appealed from the Supreme Court of Utah, growing out of the execution of the Edmunds Bill. 3
Early in May Elder T. W. Smith and wife arrived in San Francisco from their island mission. Elder George S. Lincoln, under date of May 19, spoke of them as follows: "Apostle T. W. Smith is here with us from Tahiti. He is well and strong. Sr. Smith is sick. I have not seen her yet. We had a full house at church last night to hear Bro. T. W."
May 27 Elmwood Branch, Cass County, Nebraska, was organized by James Caffall, missionary in charge, and J. W. Waldsmith, district president. Delbert Tyson was chosen to preside, J. W. Hollenbeck teacher, Leslie Hollenbeck secretary, L. A. Tyson treasurer.
3 WASHINGTON, D. C., May 10.-The Supreme Court of the United States to-day rendered an opinion of vital interest to the Mormon church in the suit of the Church of Latter Day Saints against the United States, on appeal from the decision of the Supreme Court of Utah, in favor of the United States. This court affirms that judgment. This case grows out of the passage of the Edmunds anti-polygamy law by the Forty-ninth Congress. This law, among other things, dissolved the Mormon church corporation, annulled its charter, directed the appointment of a receiver to wind up its affairs, and escheated to the United States all the real estate owned by the church in excess of fifty thousand dollars, which was not, on the date of the passage of the act, held for purposes of worship or burial. When the United States, under the terms of this act began proceedings to confiscate two hundred fifty thousand dollars worth of property belonging to the church the Mormons immediately entered suit to have the Edmunds law declared unconstitutional.
It was argued before the Supreme Court in their behalf that Congress, by the dissolution of the church corporation, had assumed judicial powers, and that the act of the legislative assembly of Utah incorporating the church constituted a contract which could not be impaired by Congress under its authority to repeal territorial enactments. On the part of the United States it was contended that Congress had authority to repeal all territorial enactments; that the act incorporating the church was invalid as an attempt to establish a religion contrary to the provisions of the Constitution, and that, moreover, the charter should be annulled for abuse of the granted rights. After an elaborate historical review of the common law the court comes to the conclusion that Congress had the right to seize the property, and says: "The Congress had before it a contumacious organization, wielding by its resources an immense power in the territory of Utah and employing these resources in constantly attempting to oppose, subvert, and thwart the legislation of Congress and the will of the government of the United States. Under such circumstances we have no doubt of the right of Congress to do as it did. The decree of the lower court to affirmed."
Justice Bradley delivered the opinion. Chief Justices Field and Lamar dissent, holding that the power of Congress to legislate over the Territories was not incident to the treaty-making power, and its power was restricted directly to that expressed or implied in the institution, which grants no such power as that involved in this case.
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