The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-07-01

chapter, Pp 4s9. So. 800. 5s7 and SIS; Bow
den VS. Mcleod. First Edwards Chancery,
~ Sn1 Ssg' Thompson vs. West Fifty
nihln NeDrAss;z., 66S and 5S7; Hartman vs..
. tee 6aptist church, Si,Fty-third Georgia,
s-~eSe Zane laid down the principle that
when corporation not Organized to deal
IN land as religious corporation made
purchase OF land the act was ultra wires
"iler the land Was not needed Tor tEe
purpose of the church's advancement or
n1lalntenance- Citings were made from the
PIP. dS-n9; First Methodist church vs.
i'I%oii' us, llS. p 20; Union Pacific VS.
AITp,i;st ,Sixtieth Federal Reporter; p 80
ms latter citing lays down the rule
that II a hospital be an enterprise TO make
prorlt II is not a charitable enterprise,
and that church is regarded in law as
a charity because it is supported by con-
triouuons of members and others.
Principles Laid Down.
Judge Zane then laid down the follow
ing propositions:
ta) A natural person may do anything
I th9t the law does not prohibit.
I'D A corporation may do only those
acts which its charter expressly author
ICES and such incidental things as may be
necessary for the carrying out Of author
lied acts.
Cc) religious corporation may exer-
else such lawful authorities as may be
poses
I'D A partnership may do anything
| within the scope Of its agreement
When religious association incorpO-
rates, said Judge Zane it's funds are held
IN its name and expended for church
purposes.
Judge Zane said that if a church were
not Incorporated its funds were held in
the name Of a trustee for the use and
benefit of the church instead of being
held in the name of the society. In case
OF partnership, he pointed out, the
FUNDS were held in the firm name.
y corporation cannot appropriate
purpose he declared THE trustee of
= reheious society cannot use funds Tor
purposes other than the advancement OF
me church itself He cannot use funds
Tor the running Of railroads. saloons, cir
cuses or any secular business the pur-
I pose of which is other than advancing the
religious welfare of the church
! - ne case was the same, noted Judge
( zane. in partnerships.
He further stated that the objects OF
trust having been ascertained. per-
version or DC, departure from them might be
First High on Injunction. 564.
Any Mormon May Sue.
ANY member OF the Mormon church
Verting or misappropriating funds" he
| averred IF the members of the church
4 church may ask for an injunction on his
own behalf and N behalf of all members
Judge Zane entered fully into the claim
! OF the defense that the eighth paragraph
! ol lne complaint made no allegation OF
tWErongdoing. lie asked if the charge that
! Lhe trustee. Joseph T. Smith. had vio-
ltted MS duty in misapprOpTiating and
! diVerting funds were not sufficient allie
/ cation of wrongdOing
| AND his fighting this case is an indi-
Sauoh OF MS present intention, of what
| ms course shall be in the future de
| ciared the lawyer.
Judge Zane insisted that the CONNER
! cialism of the Mormon church was con
| trary TO public policy and TO the statutes
Tor the reason that the influence of The
church IN whatsoever business it nigh;
| enter would be overwhelming and would
| lend to create monopoly in its favor
| me cOmmercislism of the church nc
| maintained, meant crushing of other in
| lereSIs' resulting in virtual monopoly