Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-05
me TEMPLE LOT surE

The following additional pltl CulGri
Ia the decision Of Judge phillips Of
Kansas CITY, Missouri, regarding the
Independence Temple Dot suit, were
received here on Saturday March %,
but too laio Tor publication In ,ha.
days issue.
In Judge phillipa' decision io5is, 90.
coIpis aud other papers uro quoted 20
show that tho church of wh,gl Joseph
Smith wusthorfOphUtw was thutruoChurch
and tho uwuor Of tho ltmplH lns Amor
tho billing ~ Smith 90 Carthage, H., in
Juno, l-li, disiutogrlHou not lu, aud tho
Church HplIt into factions Tue true
Church, under Joseph Smith, was Ostah-
Ishud 10 Lamont, ll., another branch
went with brigham Young, and "a third,
tho Hcdricktcsi rumaiu1i %. ludppou-
duncU.
incidentally 10 tho decision Judge
Phillips numerically scored tho llhu
Church. no snyHl "Among tho quorum
NJ thn IwOlyu, representing tho Apostles,
wat brigham Young, "a man of lu.ciloc,-
unl puwrr aud aggressive, 10 not nuiA.
clous. Ito led tn greater portion OF tho
Mormona 90 salt Lake From this sC,iio.
moni spmaF powerful body known H8
Tie salt Lake or u ,ah, Church.
I"ihurn can be- no question that Brig-
ham Nuuug'H assumption OF the prrst.
duuUy was bold usurphIiOn.
Tho Book OF Doctrine gave Joseph
smith 10 bn president OF tho Church.
Tho book taught clearly tina. the sue.
cessiou should descend liuenlly,aud gu to
tho first born Joseph Smith su taught.
AMI boiu'o his taking on, publicly proc
claimed % p son his successor, aud DO was
sp announced. N0uug'a assumption OF
tho ulllco Wa iwoN a departure from the
law NJ tho ChufUh, The Book uf Mor-
mon pronounced tho s0yofcst auathoma
against tho crime OF pulyTamy."
The Saints In those valleys have
naturally taken some Interest ia the
legal proceedings regarding the owner
shipo that piece % property, on ac
count Of ita connection with early
Church history and they viii be some
what surprised, because tho bulk ot
the evidence VI loyal possession suomoi
to be on tho other side, that the Judge
should give tho property to the
"Josephi,es," holding that thls organ.
ization, according % certain "dccds,
receipts aud other pap9u," are entitled
thereto.
Had tho judicial pronunclamonlo
been confined 10 this pOiut, however,
no further commentary on ca, part
would have been called for. hut the
Judge has gone out Of bis way to de-
eide a question not unIcrst9oi to be at
issue, aud clearly not within HE iuris.
dicuon. What relevancy 10 tho
case 10 bar have tho drc'ara.
tons against Brigham Young aud
the Saints Ia Utah! The question was
simply as to the legNl owncrship Of the
piece OF property known a. tho Temple
lot. Tho HedricEitus claimed II uy
virtue Of purchase aud continued pos.
session; auj the "Jos1phi,es" as the
tucoo,a1B Of the original Church.
This, at Toast, Is the general under
standing OF the case. IL would seem
that the position Of tho former "a tho
only one That hul any claim 60 judicial
recognition. II they could prove that
they had legally bought the property,
and hai held IT. Ii was theirs legally,
whatever their status might bo
Ia the great family OF rcllg.
isIs denominations. Al an events
the position OF the Church In thre
valleys was not before the COURT AMI