Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States

Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States

Negotiated
16-18 January 1889

Decided
May 19, 1890

Surname:	The Late Corporation of the Church of Jesus Christ of Latter-Day Saints et al. v. United States; Romney et al. v. United States
Quoted:	136 US 1 (1890)

facts

Complaint by the Church of Jesus Christ of Latter-day Saints after it was dissolved

decision

Congress is authorized to dissolve the LDS Church and to confiscate its valuables. Congress will distribute the valuables for the Utah Territory humanitarian aid. Property has not been returned to members of the Church as they support the forbidden polygamy.

occupation

Chairman: Melville W. Fuller

Assessor: Miller · Field · Bradley · Harlan · Gray · Blatchford · Lamar · Brewer

Positions

Majority opinion: Bradley with Miller, Harlan, Gray, Blatchford, Brewer

Agreeing:

Dissenting opinion:

Comment: Fuller with Lamar, Field

Applied Law

United States Constitution , 1st Amendment and Edmunds – Tucker Act

Late Corporation of the Church of Jesus Christ of Latter-Day Saints versus United States , 136 US 1 (1890), was a case of the Supreme Court of the United States United States , which ratified the Edmunds – Tucker Act on May 19, 1890 . As a result of that judgment, the Church of Jesus Christ of Latter-day Saints ("Mormons") was temporarily dissolved by the state.

The LDS Church was represented by General Counsel Franklin S. Richards and former Congressman James Broadhead .

decision

The Late Corporation decision authorized the state to confiscate all property of the dissolved LDS Church. It is believed to be worth $ 3 million. In reality, however, the United States Attorney for the Territory of Utah confiscated only $ 381,812 worth of valuables. Properties such as the church's temples were not confiscated, although it would have been possible. Within five months, the LDS Church decided in the 1890 Manifesto to end the practice of polygamy . On October 25, 1893, a resolution in the United States Congress allowed the confiscated valuables to be returned to the LDS Church because “the said church has stopped the practice of polygamy and no longer encourages it, and no longer protects the practice, and no longer that Violated the law. "

The Chief Justice of the United States , Melville W. Fuller , represented the minority's opinion. It said that while Congress could ban polygamy, it could not confiscate property from individuals and companies until they were convicted of a crime.

Web links

Wikisource: Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States - Sources and full texts (English)

Polygamy of the Encyclopedia of Mormonism
Findlaw
Justia
LOC

Individual evidence

^ Evan Rothera: The Tenacious “Twin Relic”: Republicans, Polygamy, and The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States . March 2016. Retrieved September 4, 2016.
^ Paul G. Kauper, Stephen C. Ellis: Religious Corporations and the Law. 71 Me. 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
↑ 136,67,1890

[1] Evan Rothera: The Tenacious “Twin Relic”: Republicans, Polygamy, and The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States . March 2016. Retrieved September 4, 2016.

[2] Paul G. Kauper, Stephen C. Ellis: Religious Corporations and the Law. 71 Me. 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.”

[3] Jt. Res 11., 53d Cong., 1st Sess., 28 Stat. 980

[4] 136,67,1890