The Wichita daily eagle., 1894-03-04

KANSAS CRY, March 4.-Judge Phillips
of the United States district court today
rendered lengthy decision in the long
famous Temple lot case in which he ad-
miristered a scathing rebuke to the
polygamous Mormons while denying their
claim to the property in contest. Temple
lot, located in jackson county, originally
consisted of siXty-three acres OF ground,
but its area has been gradually reduced
until now it comprises block of property
BOG feet square located on one OF the
highest eminences in Independence. 1t is
surrounded by a barb wire fence and in the
northeast corner is small frame church
which is used by the Hedrickites. The
history Of Temple lot dates back almost to
the time of the inception Of the Mormon
faith and is associated with the days when
the saints were power in jackson coun-
ty. In 1882, it is claimed, that an angel OF
the Lord appeared to Joseph Smith. the
prophet, in vision, and told him that
jackson county was the site of the original
Garden of Eden and Temple lot was the
very spot where the fig tree grew, from
which our first parents obtained their
wardrobe. Here, 1t Is said. that on
the last day when the earth
is to crumble into glowing ashes
and be swept away by the winds OF
the universe, the faithful MormonS were
to cougregate and ascend to heaven from
the magnificent temple ordained to be
erected The truth of this prophesy is de-
MED by some of the Mormons. who claims
that the lot is simply sacred piece OF
soil destined for the site for a. Mormon
temple.
Judge Phillips reviews the various
phases of the case from the time the sixty
three acres of land We're purchased in 1880
by an agent of the Mormon church. for
the purpose of erecting thereon a temple
designed to be the New Jerusalem. For
sixty-two years, be adds, il has been
known as ''1emple lot" on which, in the
fullness of time and the fulfillment of the
prophecy was to be erected n splendid
temple for the gathering of the believers
for religious worship and exultation. He
follows The case through its many ramifi-
cations and cites the position Of eacn party
through whose hands the property passed,
beginning with Bishop Partridge, who
came to Independence in 1892, from
Kirkland, o., to buy the land with s.. 600
contributed by members of the church
He speaks of the persecution OF Partridge
and his flock in 1899 when they had TO flee
from Caldwell county. Mo-, because of
military persecution. The deeds, receipts
and other papers relating to the case are
quoted from at length TO show that the
church of which John Smith was the
prophet was the true church and was the
owner of the temple lot. After the killing
of Joseph Smith at Carthage. Ill, in June,
1874, his violent death struck with dismay
the hearts of his followers, and out of the
confusion incident thereto was born dis
order, schism and ambition for leadership.
Disintegration set in and the church split
into factions and under the lead of differ
ept heads scattered to various parts of the
country. The true church under Joseph
Smith was established at Lamont, Iowa;
another branch under Brigham Young
who claimed to have through revelation
the leadership of the Mormons, and a
third, tho Hedrickites, remained at lnde-
pendence.
In summing up Judge Phillips says: "In
case of disorganiZation and fractional
divisions of an ecclesiastical body the set
tied rule of the civil courts is that "the
title to church property Is IN that part of
il which is acting in harmony with its
OWN law, and the ecclesiastical laws Gnd
usages customs and principles which
were accepted among them before the dis
pute began, and the standards for determ-
lining which party is in the right" The
right of ownership abides with that fac
tiou, great or small, which is lin favor of
the government of the church in opera
tion, with which it was connected at the
Time the trust was declared"
The courts will adjudge property, 'to
the members, however few in numbers
they may be. who adhere to form of
church government, or acknowledge the
church connection for which the property
WAS acquired" The decision of Justice
Cation In Ferraria, ct al, VS.. Van Conellos,
TT al, 81, Ill. "a, 50. is quoted, where it is
held that where church is erected for
the use of particular denomination or
religious persuasion n majority of the
members cannot abandon the tenets and
abandon that denomination and retain the
right TO the use of the property, but such
secessionist forfeit all right to the prop
erty, even if but single member adheres
TO the original faith and doctrine OF the
church Those who adhere to the origi-
nal tenets and doctrines for the pro-
mitigation OF which church
has been erected, are the sole
beneficiaries designed by the donor and
those who depart from and abandon those
tenets and doctrines cease TO be benefci-
aries and forfeit all claims to the title and
use of such property"
In 1852 the scattered fragments of the
church, the remnants of those who held
to the fortunes of the present Joseph
Smith, son of the so-called martyr.
gathered together for nucleus of organi-
gst:on. They took the name of The Re-
organized Church of Jesus Christ of Latter
Day Saints" and avowed their allegiance
to the teachings of the ancient church.
and their epitome and faith adopted.
while containing differences of phrase
Blogy, in its essentials is but reproduc
lion of that church as it existed from 1850
to 1874. The claim of respondent that
Nauvo church practiced polygamy and
therefore was not following the tenets oi
Joseph Smith is held TO be prevalent. The
opinion goes far into the teachings OF
Molmonism and advices the theories
advanced by Joseph Smith, criticises hi.
Interpretation of tie Bible and is, in fact
an exhaustive review of Mormonism from
its inception. The claim of respondent.
that a court of equity has no jurisdiction
10 the case is set aside in the following
words:
"A court of equity has jurisdiction IL
this case, Ii belongs to it to remov,
clouds from title, the relief being granted
pn the principle Of quia timet."
Ii is peculiarly its province in a case like
this 10 vindicate the trust, TO determine