The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-04-28
CHURCH FILES
BRIEF ANSWER
Attorneys Take the Position That
Compliments Have No Case.
CLAIM NO CAUSE OF ACTION
DOCTRINE AND COVENANTS ARE
BROAD ON TITHlNG.

A he Church OF Jesus Christ of Lat
ter-day Saints, through its attor-
neys, Franklin s. Richards and lie
Grand Young, has decided TO fight the
suit brought by Don Carlos w. Mus
ser and Charles Smurthwaite on techni-
caIlties. A demurrer was filed with the
clerk of the district court yesterday.
The suit was brought by Musser and
Smurthwaite to compel Joseph F..
smith, as trustee-in-trust, to account
Tor the money collected in tithes, taxi
ing the position that he had no right
IN law to collect titheS from the MEM
bers of the church to promote business
enterprises The demurrer is brief and
rs as follows:
Don Carlos W. Musser and Charles
Smurthwaite, who sue on behalf OF
themselves and all other members Of the
church OF Jesus Christ OF Iatter-day
Saints who may come into this case.
plaintiffs.
The Church Of Jesus Christ Of Tatter-daI-
Saints and Joseph r. Smith. president
thereof and and -trustee-in-trust. de
The defendants den1ir 70 the n1sintiffs,
complaint, and for cause Of demurrer, al
: That the Church of roe,,s Christ Of
Jattcr-day Saints IS Improperly made de-
fendant in said action, because the said
chuFch IS voluntary religious assOcia-
ZION. and not corporation or legal en-
tity-
? That tn. said complaint does not
state facts sufficient to constittte a cause
OF them ans - Si'iiei
B. That the eighth paragraph Of the
complaint Is ambiguous. unfntelligfble and
uncertain, in that it does not name the
N5rlous persons. or any of them
queathed or donated real or peTsonaI
property 10 the said church and does NOT
..Ss inc times when and the places
where such devises, requests or donations
were were, gwen or made. nor the several
p. S. RICHARDS.
LIE GRAND YOUNG
Attorneys for Defendants
Attorney Richards said the demurrer
said all that he or his client had to
say on the subject He took the no
sition that the complaint Of Musser and
Smurthwaite was defective: that the
Church Of Jesus Christ Of I.atter-day
saints was not Incorporated. and that
me complaint does not make specific
charges against Joseph f. Smith.
Church Law on Tithinq.
In this connection ii will be interest
ing 10 many 10 consider the church law
as TO the payment and disposition of
tithing. In the Doctrine and Covenants
of the Mormon church are to be found
the following provisions as to tithing
and this is all the book contains on the
subject:
SECTION 10
Verify, thus saith the Lord 7 require
All their surplus property to he put in the
hands of the bishops of my church OF
Zion.
2..For the building Of mine house and
for the laying of the foundation of Zion
and for the priesthood and for the debts
OF the presidency of my church
%.-And this shall be the beginning OF
the tithing of my people. And after that
those who have thus been tithed shall
pay one-tenth Of all their interest an
uually. and this shall be a standing law
unto them forever for my holy priesthood
saith the Lord.
verify, 1 say unto you, il shall come
10 pass that all those who gather into
the land Of Zion shall be tithed by their
surplus properties and shall observe this
law or shall not be found worthy to abide
among YOU
5.-And I say unto you if my people OBJ
serve not this law to keep it holy and by
this law sauctify the land OF Zion unto
me that my statute and my judgment
may be kept thereon that it may be most
holy behold verify I say unto you. it
shall not he a land OF Zion to you.
6.-And this shall be an example unto
all the stakes of Zion. Even so. Amen
SECTION 100
Verify, thus saith the Lord. the time
Is now come to pass that II shall be dis
posed OF by a council composed of the
first presidency Of my church, and by the
bishop and his council and my high coun-
ell and by mine own voice unto them
saith the Lord. Amen.