The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-04
THE GARDEN OF EDEN
Sacred Piece of Soil Held to Be-
long to the Smith Mormons.
Decision That Fixes Ownership of the
Temple Lot" at ndependence-The
Schism of the Saints Recalled.


Saints and the Independence faction of the
Mormon Church have been fighting in the
courts for four years. was to-day decided
By Judge Phillips, Of the Federal Court. to
be the property Of the reorganized church.
The Independence faction of the Morrnons
Is by the opinion enjOined from asserting
title to the property. the cloud Is removed
and fun possession allotted to the plaintiff.
The successful organization has it's head
quarters at Lamont Ia. Its following num-
bers 5000 souls. and it's president is Joseph
smith. jr.. a son of prophet Joseph Smith.
the founder of MOrmOnism. Besides settling
the title to the much-prized temple lot,
which is known among the Bormons as the
Garden OF Eden" the opinion incidentally
finds from the evidence that the reorgan-
lied church OF Latter Day Saints at La
monl. Ia, is the real church which was
founded in 1880 by prophet Joseph Smith,
and that the factions of the Mormon Church
IN Utah and in Independence are offshoots
Of the mother church and have departed
from the teachings Of the prophet
Temple Lot originally consisted of
sixty acres Of ground, but its area has
been gradually reduced, until now it COM
prises a block Of property three hundred
feet square, located on one of the highest
emnences in Independence. 1t is sur
rounded by a barb wire fence. and on the
northeast corner is a small frame church.
which is used by the Hedrickites The his
tory of Temple Lot dates back almost
10 the time of the inception of the Mormon
faith. and IS associated with the days when
the saints were a power in jackson coun-
t. In 1892 it is claimed that an angel of
the Lord appeared 10 DR.. Smith the
prophet, IL "A vision, and told him that
Jackson county was the site Of the orig
MAJ garden or Eden and that Temple
Lot was the very spot where the fig
tree grew from which our first parents
obtaIned their wardrobe. Here, it was
said that on the last day the world would
crumbe into glowing ashes and be swept
away by the winds Of the universe, the
faithful MOrmOnS were to cOngregate and
temple ordained TO be erected The truth
OF this prophecy is denied by some of the
Mormons. who claim that the lot is sim
ply sacred piece of soil destined for :
site for Mormon ternnle
Judge Philips reviews the various phases
or the case from the time the sixty acres
OF land We're purchased, in 1890 by an agent
or the Mormon Church. for the purpose of
erecting thereon a temple designed to be
The New Jerusalem OF this religious order
For sixty-two years; he, adds. 1T has been
fullness Of time and the fulfillment of the
prophecy, was to be erected splendid tenn
Pie for the gathering of the believers for
religious worship and eXaltation. He fol-
lows the case through it's many ramfica-
tons. and cites the position of each party
through whose hands the property passed,
beginning with Bishop Partridge. who came
to Independence in 1892, from Kirkland, o.,
to bay the land. with 5000 contributed by
members Of the church. He speaks of the
persecution of Partridge and his flock in
lS9, when they had to flee from Caldwell
county, Missouri, because Of military per-
secution. The deeds receipts and other pa
peTs relating to the case quoted from
az length 10 show that the church of which
Joseph Smith the prophet was the true
CHURCH and was the owner of the temple
After the killing Of Joseph Smith at Car
thage H.. in June, 1874, his violent death
struck with dismay the hearts. of his fol-
thereto was born disorder schism and am
bition for leadership. Disintegration set
In. and the church split into factions and
under the lead or different heads scat
tered to various parts of the country. The
true church under Joseph Smith was est;ib-
Hshed at Lamont, Ia; another branch, IN
der Brigham Young, who claimed 10 have
received through reyela ton. the leadership
ties, remained at Independence. In sum-
ming up Judge Phillips says: I'm case of
characterization and factional divisions OF
an ecclesiastical body the settled rule OF the
civil courts is that the title to church prop
erty is in that part of il which is acting
in harmony with its own law and the ecclc-
siastical laws and usages customs and
principles which were accepted among
them before the dispute began, and the
standards fer determining which party is
In the right The right Of ownership abides
with that faction, great or small, which is
In favor OF the government of the church
In operation, with which 1t was connected
at the time the trust was declared The
court will adjudSe the property to the mem
bers. however few in numbers they be, who
adhere 10 fhe form of church government
or acknowledges the church connection for
which the property was acquired"
The decision or Justice Cation in Ferraria
ct al vs.; Fanconcellos ct al. 81 H.. 81. 50.
Is quoted, where it is held that where a
church is erected for the of a particular
denomination or religious persuasion n ma
1Ority of the members cannot abandon the
tenets and doctrines Of the denomina ton
and retain the right to the use OF ths DrHJ1-
erty. but such SeCeSSiOniSts forfeit all right
20 the properly, even If but 4 single men,
Der adheres 20 the original faith and doc
utne OF the church These who adhere TO
the Origina! tenets and doctrines for the
PRONUNCIATION Ct which church has been
erected are the sole beneficIaries designed
by the donors, and those who depart from
and abandon those tenetS and doctrines
cease to be beneficiaries and forfeit all claim
10 The title and use OF such property
In 1852 the scattered fra gments OF the
church. the remnants of those who held
u the fortune of the presen: Joseph Smith
son of the sO-called martyr gatherad for
a nucleus of Organization. They took the
name of The Re0rganized Church of Ie-
sus Christ OF LatteT-day Saints" and
avowed their allegiance TO the teachings of
t1e ancient church and their epitOme of
faith adopted. while containing differences
OF phraseOlOgy. in its essentials Is but
gSPl Is, Of f., that OF the church as i
respondent that the NauvOO church prac-
{lcea TrolygaIuy. and; therefore; was not fol-
u De irrelevant The opinion goes far Into
TIE teachings Of MOrmOnisT and analyses
crJciSes his Interpretation OF the Bible,
and :, in fact, an extensive review of MGR
moutSm from it's inception.
TIE claim of respondents that a court
OF equity has NO jurisdiction in the case
Is SGT aside in the following words: A
court OF equity has jurisdiction in this case.
IL belongs 10 it to remove clouds from title.
IL relief being granted or the principle
OF quia timet. 1t IS peculiarly It's prov
luce II case like this 20 vindicats the
trust. 20 determine the real beneficiaries Of
TIE trust estate and TO prevent its diver
SION Decree will 60 in favor OF COM
plainant. establishing the trust in its favor
.-sdli1st respondents, removing the cloud
from the title. sniOining respondents from
asserting title u the property and award
ms the possession 10 the complainant"
Incidentally - The decision Judg- Phillips
numerically scores the Utah pOlygamous
church. He says: Among the quorum of
Twelve representing the apostles was one
brigham Young. a man OF intellectual
force. shrewd and aggressive, II not auda-
ClouS- 1t easy matter for him 70
seize the fallen -elns or the presidency He
lei the greater portion Of MOrmOns out Of
what was known winter quarters near
Omaha. and thence TO Salt Lake valley in
tab From this settlement has sprung the
powerful ecclesiastical body known as the
Salt Lake Utah Church. While the
srpndents (ths Independence church, are
wary OF claiming alliance with this Salt