Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-08
WANTTO RESTRAIN PRES. SMITH
rh,ot That He Should Render Ac-
counting to Them as Trustee.in'
Trust for All His Acts.
IT HAS A RIDICULOUS SIDE.
Inst One More Sequence Following In
The Wake of the Fallure to 'Re'
turn" Tom KearnA

Tho Deseret News called the turn all
right. The blic-up-and-get-
outsde-effect suit prepared by the law
Arm OF Zane &c stringfellow, at the
instance Of Don G. w. Musser, Charles
smurthwalte and Frank J, Cannon,
and signed by the two former, was filed
IN the district court last evening, The
substance Of the complaint Is as fore
shadowed in this paper.
The publication, IN advance, Of what
the plaintiffs intended to do, was, as
already stated, a great surprise to
them. They were not only astonished;
they we're amazed Each looked at the
others as though he was under suspi-
con Of having communicated the in
formation to this Journal, and finally
they congratulated the News" for the
running down Of the biggest news item
OF the day. All OF them, however, are
aware that It Is. above all, newspa-
per. and one that has made a record
Tor itself in getting there first, and IN
getting there right. OF course this Is
made easier from the fact that its local
contemporaries have become drunken
through imbibing too freely OF anti
Mormon" prejudice and other things,
Il will be observed that Smurth-
waite still claims Il technical mem-
bcrshIp' in the Church as he has APP
pealed from the action in which he was
communicated, and that on that ac-
count, he has made himself Joint
plaintiff with Musser. Cannon evident
~ regards his communication as eff
fectual, as he did not sign the COM
plant However, he had a hand in it's
formulation and advised with the attor-
neys as to what should be done. In
fact he was very particular about what
81 must and must not contain. Like the
others he was much disturbed by the
Deseret News giving to the world that
which he had calculated as SCOOP for
the Kearns papers, but which he was
unable, by the utmost secrecy to give
to them. Considering the fact that
they have not had a genuine news
scoop IN many moons, the publication
Of It was regarded as most cruel.
THE COMPLAINT.
The full text OF the complaint is as
follows
In the Third Judicial District court
m and for the county OF Salt Lake,
State Of Utah,
Don Carlos w. Musser and Charles A.
Smurthwaite. who sue on behalf OF
themselves and all other members OF
NE Church Of Jesus Christ OF Latter
cay Saints, who may come into this
case plaintiffs, VS. the Church of Jesus
Lhrlst OF Latter-day Saints and Joseph
j. smith, president thereof. and trus-
Tee in trust, defendants. Complaint.
The plaintiffs on their own behalf and
on behalf OF all the members of said
church, who may choose to come into
this cause, complain of Joseph f.
smith the president of the Church OF
Jesus Christ OF Latter-day Saints, and
trustee IN trust thereof;
That plaintiffs are members Of said
'hurch, Of which there are many thou
tapd1.
III,
mat said Joseph r. Smith Is the
PRESIDENT Of said Church and trustee In
Iusl thereof and that he transacts the
business OF said Church at Salt Lake
IVY IN salt Lake county In said
ea'e' that Joseph II. Smith, in the
name or SAID Church, and at other
thas IN his name, n strustee I'm trust
Ior SAID Church, and sometimes I'm his
own name for said Church, unlawfully
Uansacls secular business with the use
81 me funds Of the said Church, held
'or church purposes.
III,
nHt said Church X n religious asso-
H'.oh embracing an the members OF
Sp. @et ana religious denomination;
'a' eNacts annually from its men,
ls ohe-tenth d-lO Of their gains or
,rDullss' that said fittings and con-
"'ou'onS are paid To said Church for
,t,n,iopiIauon ana expenditure by IL ex-
'uSNely for Church purposes. such as
building and repairing temples, houses
"'I0hlp, payment OF officers, aiding
s Missionaries and for the relief OF
~. ~ poor and towards charitable OBJ
I',s' put that the same cannot lawful
oe used In mercantile, commercial.
ro,.'s, ,rl'l business enterprises, or to ac-
"p'so or reach any other temporal
'''ular objects or ends whatever.
Nv.
tll Hall Church, as plaintiffs are IN
ond Nu ana believe and allege, receives,
rsg, "'s received for many years last
W. ulhlhg from its members for
o,9 "a purposes, large sums of money,
vn also tthing in kind belonging 10
~ us species and classes Of property
hleat yaluei that said tithing ~.
b,,'l each year for several years past
,,ps amounted in value TO more than
''''''oh dollars Gi,OoO,ooO) a year.
"
p.,no 'J plaintiffs are Informed and be.
beu., "nu upon such information and
I'm 49, 'uese mat said Joseph T.. Smith
TIM "aHles as aforesaid has from
polp,,,, ,line each year since his APP
tms, as President and trustee I'm
,,sl as aforesaid IN Soptember tNo-
o,npe!l 1901, invested "A large nortIon
M, 'Iu FUNDS arising from tIthlng so I'm
rirr. 'ou's OF said Church for Church
dro5F 1 n' to-Wit AS much as I'VE hum
nun, U,ousand dollare tS5O0, 0O0) per an
varo,s' iu Investments We're made IN
dustrios Nlhus OF secular business, IN
M bsa Enterprises and ventures; that
sam a. Invested large part OF the
folloyj 'ne stocks and business OF tho
fo.v.n ny corporations, or COMMANDED
JaLn IDAHO Sugar company. the Sail
tlonoi SlVtlng company, the Utah Ma
a uahk the Lewiston Sugar COM