Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-06-30
OPENED BY ATTORNEY RICHARDS
mdcc Zane Speaks for Plaintiffs and
Is Followed by Judge Young for
Defendants.
PLEAD TO CAUSE OF ACTION,



Arguments ON tho demurrer Med by
attendants 10 the complaint IN the cusn
of Churc, \ Smurthwlilo and Don
Carlos Mussor against Joseph lt smith,
trustee of the thurDh of Jesus christ
Of Lalterday Saints and other officials
If the church, were heard today by
Judge Morse The plaintiffs m the ac.
Won are seeking To- compel defendants
10 make am accounting of all tho
church funds IN their possession and
~ restrain them from using ihc same
j1r commercial purposes.
Tno opening argument n the de-.
muuor was made by Attorney r. =,
Richards for the defendants Ne WAS
followed by Judge g. =. Zane ror plain.
ms and the arguments were closed
Nv Judge Lcurand Young for defend.
nnls when HE noon rconm NuH tlkou
l., tho court Judge Zane had only Just
romonccd hIg argument and 10 Ia
uobnhlo that mort of tho afternoon
win be consumed IN the closing wgu.
iIonls
Tho wbaoNco or dcloplonlr wgu.
mont In support Of the demurrer r. 10
,aIlovs'
FACTS NOT SUFFICIENT,
,Y.... .,,...,t... ID, ,.. ..,.,
w wv "'t''''' '' WV ''''
Ibul Of any wrongful act on tho part
of tho defendants. or either " them,
and ihcro is ma allegation that otbor
,.,...,..,. ,,..,'. .,.... ,,.,..,,,.,,,
!" '"' "'''""'u'n INV wv ''''"p
lNalod any or inc property OF IundH
of the church, or that they huNo ever
,.od th, s,luo for ihoir own prrfousl
WV
''',', W, ''' ,''',, "' Wv, '''' ., n'' ,.
!. That Joseph w. SmIlh with lO"
,.n,tIou and advice of the other de.
,3..,. d.. n,., .,...,.... ,t .,.l. ,l,,,..l
'"'''''' T" WV
tnd nl oinrl Nlh'+ 1907 IINfl0' DID lIHN
l'0 NI" 'OVI ID 'nI 'nI', 'u''' ll nlH
own name ior "aid 'uUl,h IlI'NIoIN
nHos DwrDh FUNDS n secular husnnss'
n' uIl'tdllnh lN"l no. VN'NlWIh
."' hui'h IuNnH ll W' uIi. uu''I'."
lau conc M'Ion oI jaw ana NOT state.
mont of Ia'h
Admitting Tor the pulro''' ni '0'
t'muitl mat me ulhnE'. CONT .nu'
inns and hruuos# ur To De- expended.
I" ihn complaint fa}t ''N. Iun'rIN lnl
'nUNh purposes Nurh aN pnllllNE uhd
repairing temples. houses of Worship,
payment of Officers aiding liH mission.
cries and for the rrllpi ol ~ poor aud
towards charitable objects connected
with said church, lhoro ~ mo- hIlcRa'
lion that amy of those purposes nave
lron neglected or left unpIoNliod FOR
h' reason ~ amy act Of the defendants,
~ either Of them.
So FAR as this argument le concerned.
we have the right 10 assume that all
nowmry temples ana houses of
worship have been hulIl ana
repaired lhll AN lhr Church ulnror
haNo boon paid that tho missionaries
Slew. received all the ald lnut they Io.
GuUo that ne poor have boou relieved,
anl Ihll lDo charities connected Win
'i Church have been lullN provided
~. such bcng tho case. tNnrc IN no
cause of action stated against the de-
ft0NDls.
Nnu hni clause of paragraph g. ihnt
'IHr Same cpnuut lawfully ho used Nm
y Mar business, tp.WlI mercantile,
commercial, Industrial. or business IN.
'"NrHoH or speculate ~ Moro
conclusion of law ANA mot "a statement
o. Mut ana therefore 10 cannot bo cone
sIlucl IN This difrussIoh
lUr other Allegations of me com.
r.nl are M substance lOul inc lllhcH
auuuul lp $1,000 OOo annually that
slro hg appointment 1s President tni
uuslpc'ln,lWaL IN september 1901
Joseph r. Smith has Invested with the
LlFoo and sanction of the other de-
indanlt ns much ns $500 600 per unnum
ln various Kinds ~ secular business,
industries enterprises and ventures for
W1Ills and subject lo LOSSES and haa-
u.NE ana In "tho purchase NJ large
i1DW of land I'M Canada ana Mexico,
''r speculation oud 10 provide estates
"nI residences for the church officials
.oI leaders ana othorN' enumerated In
,l" olh paragraph Of lho complaint
IoNt moro than N00o0oo was, 40 the
imo Joseph ". Smith became prrgls
cont invested or has since been In.
N'Nod, Win The advice and sanction uf
tbr other defendants, In various tom.
lolHl and secular enterprises stocks
centuries AprculalluuS ana undertake
l1Hf.' enumerated In paragraph NJ the
complaint ana that such investments