The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-03-04
. REMARkAnLE Decision.


The decision of the Missouri court
rendered by Judge Phillips. as tele-
graphed to The Herald. is striking
illustration of the saying that courts
are not infalHble. 1t is evident to peo-
pie here who understand the points of
dispute between the Mormon Church
in Utah and the organization known as
the Josephites, that Judge Phillips has
based part of mis- decision on premises
that are entirely untenable.
The Herald does not pretend to de-
eide amy points Of difference between
the two religious bodies mentioned. 1t
is only on matters Of fact Of which
every intelligent person may inform
himself, that we speak in the present
Instance. It is evident that the Judge
does not understand the subject on
which he discourses. and has not stud
led the book Of Doctrine and Covenants
10 which lie refers. He has probably
read such extracts as have been pre-
sented in the plea Of the ''Josephites.,'
with the peculiar coloring which they
give to them in argument.
Whether it is the province Of a court
of law 10 decide questions of theology
and church organization. in a suit as
10 the ownership of land, and to rule
against a religious body that was not
heard IN the case and was not party
to the suit, we viii not stop now to
discuss. But the whole decision is of
very peculiar character, and some
things that the Judge is reported to
have embodied in his opinion can be
very easily demonstrated to be utter
ly and wonderfully erroneous. by a
careful reading of the book which he
cites
The suit for the possession Of the
grounds known as the Temple lot at
Independence, Jackson county, Mo,
was planted by the Reorganized
or Josephite Church against the
sect called HedricI1ites. The last
named body of worshippers was
established by Granville Hedrick,
who claimed the head Of the true
Church Of Christ as originally or
gained by Joseph Smith. who, He'd
rick claimed, had departed from the
faith. The Hedrickites bought up
pieces of the original site for the Tenn
pie from different persons and from
tax sales. and had held the title for at
least Ter. years. 1t was held in the first
place by Bishop Edward Partridge in
trust Tor the Church of Jesus Christ
Of Latter-day Salnts. ana it is as the
alleged legal successors Of that Church
that the Josephites laid claim to it,
Notwithstanding the equitable rights
of the HedricBites.
The Utah church, we believe, cid not
appear as party TO the suit. It's
claims. to be the original church we're
not presented, we understand. at this
trial. But the idea that there was any
break in its continuity as an organized
religious body because OF the death of
its frst presiding officer. is an absurd
ity that was hardly expected to be
advocated by a Judge on the bench.
Yet that is the turning point of the
whole case. The claim is that the
church was disorganizsd by the killing
of its founder. and hence the establish
ment, sixteen years after, of a new
body calling itself the Recognized
church, and which Judge Phillips de-
claees was the original church and
therefore the owner of the Temple lot
at Independence
What course the Utah church will
pursue in this matter The Herald is
not able 10 say. Whether it will seek
to establish its rights to the property
or moi, we do not know But the de-
cision of the court as 20 .ts position
enthusiastically will have no effect
upon it one way or another, because
the members will hold just the same
opinions as before concerning its po-
sition as the church organized april
9Th, 1880, while the Reorganized Church
WIN stn contend for its claim and will
probably cite the opinion Of the court
as ore of the proofs "a its support.
1t is remarkable case. with still
more remarkable decision.
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The Ogden Press remarks: Governor