Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-05
the lEupLp LOT SUE

The following additional part culEu
Ia The decision 81 Judge Phillip, Of
KanHas CITY, Missouri, regarding the
Independents Temple BOT suit, were
received here on Saturday, March %,
but too late Tor publication la tha.
days ifaut
la Judge Phillips decision da,is, re.
cnIpi7 nui other papers AFRO quoted Co
show that Che Church uf when Joseph
eml.h wusthul Prophet was tlutfuuChuuh
aud the owner Of tho Itmpln lus Amor
the KILLING ~ Smith 90 Carthage. H., in
June, 1874, disiuioruii0u BOT in, aud tho
Church tplii into factions. The iruO
Church, under Joseph smith, was Usiah.
lithrd nt Lamont, To-, Hun.hOr branch
went win brigham Young. aud % third,
iho iiodHcEi'ca, romain9i a. lndopon-
dOnco
incidentally IN tho decision Judge
lhllllps Numerically scored tho lIau
Church. llu says. "Am0ug tho quorum
81 no lwOlvr, representing tho Apostles,
wa brigham Young, % man uI iulrll0rl-
ual power nuu aggressive, DO NOT nulns
cious. Ito led thf greater portion OF tho
lMormnn1 90 salt Lake. From this settle.
munt spmur powerful body known 90
The salt Lake, or Unh, Church.
|"ihorn can Boo no question that Brig
ham luuug'a assumption OF thu prusi-
duncy was bold uHuruifion.
Tue Book OF Doctrine gave Joseph
smith 60 BOO president of lhn Church.
The book laugh; clearly thAs tho sue.
ccssiou should descend liupllly,nui geo to
the first born. Joseph Smith Hu taught
and hoiufo his taking on, publicly proc
claimed t son Dis SUCCESSOR, aud DO was
sp nnuuub cod. NOuuE'H assumption uf
tho Office wa iWUlf "a departure flnm tho
law uf tho Chntuh, Tho Book Of Mur-
mon pronounced Tho s0yOrest auaihomi
against tho crimgo poIygnmy"
Tho Saints Ia those Nsll0ys have
naturally taken some Interest Ga tho
legal proceedings regarding the owgcr-
shipof that piece Of property. on ae
count Of ils Connection with early
Church history and they viii be some.
what surprised, bccau.o tho hulk of
tho evidenced legal possession seomei
TO be- on tho other side, that tho Judge
should give the property to the
"Josephiics," holding that tubs organ.
i2atlon, according 70 certain "deeds,
receipts aud other papsu," are entitled
thereto.
Had the judicial pronunclamonlo
been confined to this poiut, however
no further commentary on cur part
would have beon called fo. But the
Judge has gone out Of his way to de-
eide question not under.lloi ~ Do ut
issue, aud clearly not within hla lur.s.
dicuon. What relevancy u the
case q. bar have tho dyc'ara.
tons sgalu5t Brigham Young and
the Saints Ia Utahl The question was
simply as to the lygOl owuprshia OF the
piece Of property known ar the Temple
Tot. Tho HeitCbitUs claimed Il by
virtue Of purchase aud continued pls.
stasl0r; auJ tho Jusuphi,csp as the
successors Of tho original Church.
This OF Toast, Is the general under.
a .auuiug OF the case, IL would seem
that the position OF tho former IL the
only one THAT hal any claim 60 judicial
recognition, II they could prove tnst
they hal legally bought the property.
aud had held 10, Il was theirs legally,
Whatever lhoir status might be-
in tho great family Of rclis.
i8ua denominations AZ an events
tho position OF the Church In thuu
yll.eys was not before tho court. And