''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 The Edmunds–Tucker Act of 1887 was an Act of Congress that focused on restricting some practices of the Church of Jesus Christ of Latter-day Saints (LDS Church). An amendment to the earlier Edmunds Act, it was passed in response to the dispute ...

on May 19, 1890. Among other things, the act disincorporated

the Church of Jesus Christ of Latter-day Saints The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a nontrinitarian Christian church that considers itself to be the restoration of the original church founded by Jesus Christ. The ch ...

(LDS Church). The LDS Church was represented by its chief counsel Franklin S. Richards and former congressman

James Broadhead James Overton Broadhead (May 29, 1819 – August 7, 1898) was an American lawyer and political figure. He was a member of the House of Representatives and of the Missouri Senate, he was also the first president of the American Bar Association.Ro ...

Decision

The ruling in ''Late Corporation'' would have directed federal

escheat Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a ...

of substantially all the property of the legally disincorporated LDS Church, which was estimated at $3 million. Following the decision, the

U.S. Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...

for The Utah Territory reported seizing only $381,812 in assets. 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." Chief Justice Fuller's dissent asserted that though Congress has the power to criminalize

polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is ...

, "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."

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External links

* * {{DEFAULTSORT:Late Corporation Of The Church Of Jesus Christ Of Latter-Day Saints V. United States 1890 in United States case law History of the Church of Jesus Christ of Latter-day Saints Utah Territory United States law and polygamy in Mormonism The Church of Jesus Christ of Latter-day Saints in the United States United States free exercise of religion case law United States Supreme Court cases 1890 in Christianity 19th-century Mormonism United States Supreme Court cases of the Fuller Court Church and state law in the United States Christianity and law in the 19th century Mormonism-related controversies

Decision

See also

References

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External links