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

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property and funds Of the church that
are necessary TO the promotion o. the
objects mentioned IN the complaint as
ing in the hands Of the President and
-in-trust was invested in business
90, Lfr,f,,.- fr|r,, tl,o coroDlafnt these in
vestments We're wisely and Judiciously
made. There is no allegation that they
and. SO far as this argument IS con-
cerned II may be assumed that theS are
1T Is alleged in the complaint that
plaintiffs are members Of said chureh
Of which there are many thousands; ana
that they sue on their own .behall ana
on behalf of all other members OF the
Church of Jesus Christ OF Latter-day
Saints This allegation does not show
that the plaintiffs have any such inter-
est in the subject matter of the action
as would entitled them to institute
aIlege that they are 1.-THE payers or nave
contributed in any way to the funds
troll nor do they show that they belong
TO any of the classes of persons who
would have an interest in the distribu-
ton of the church funds.
Has to Care For Money.
1T appears from the complaint that
the trustee-in-t trust received a large
amount of tithing for the church and
that, after having applied what was ne
oessary to the objects which are men
toned in the complaint as church pur-
poses from time to time he invested the
surplus remaining in certain business en-
terprises. which are stated in the COM
plant. There was nothing wrong, either
legally or otherwise, in sc doing. The
trustee-in-t trust not only had the power,
but il was his duty to care for, protect
and preserve the trust estate This could
be more effectualiy done by making in
vestments than by accommodating a large
fund in bank. So long as the defend
ants acted honestly and in good faith
land there Is no allegation in the COM
plant that either of them acted dis
honestly or fraudulently in any matter
connected with the trusO the courts viii
sustain and uphold their action.
The allegations in the complaint that
some of the enterprises in which tithing
funds are invested are speculatiOns for
profits and subject TO losses are conclu-
fact"
Attorney Richards made citings in
substantiatiOn of his contention from the
Pleadings, Sec. 1S5, and notes; Bliss on
Code Pleadings, Secs. 210-212-
Validity of Complaint.
In concluding for the defense. Attor-
';Mr. Estee says that the following
questions viii generally test the validity
Il Does the complaint show that the
plaintiff has suffered injury.
80. Is it an injury which the law rec
OEIllLGS DIS Il WEOu6s ana lOI WHICH, II
provides a remedy
''s. Is the defendant liable for the al
legged wrong done?
-. If the defendant is liable. TO what
extent is he liable and what will be the
legal remedy for such injury? Estee' S
PL Sec 80 6S-
"-rhe complaint does not show that the
plaintiffs. or either of them, have suf-
fered any injury. As mere members of
the church they cannot be injured by
any of the acts mentioned in the COM
nfalnt- eSneCi1lfN when those ALLEGED acts
do not consist of any misrepresentation
of the funds or property of the church,
but merely of an investment of the same.
There is no allegation in the complaint
of any injury which the law recognizes
as a wrong and for which it provides a
remedy, and therefore the complaint
does not state a cause of action.
"A trust may be defined as an obi
cation arising out of "A confidence re-
posed in one who has the legal title TO
property conveyed to him that he will
faithfully apply and deal with such
property according to the confidence re-
posed % Am. & Ems, Encyc. of Law
Ali trusts are separated by an inn
portant line of division into two great
piled trusts. Express trusts are those
which are created by the direct and posi-
tive acts of the parties, manifested by
some instrument in writing. whether by
deed. will or otherwise. Implied trusts
are those which are deducible from the
transaction as matter Of clear inten-
uOE, DuL one NOT IOunU IN the words oil
the parties, which are superinduced
upon the transaction by operation of law
as matter of equity. independent of the
particular intention of the parties Id S5S.
Zane Answers For Plaintiffs.
In opening for the plaintiffs. Judge c.
s. Zane pointed out that at present the
Mormon church IS a religious associa-
ton. while prior TO March 3, 1897, it had
been corporation. On that date it was
disincorpOrated.
The Mormon church. he said. was COM
posed of persons entertaining common re-
HgiOus beliefs and cooperating for the
establishment of those principles BY a
court Of justice, he said, the Mormon
church must be regarded as a religious
property through a trustee, and just 50
much property as might be necessary to
carry out church purposes. and no more
The church might engage in such secu-
lar business as was necessary for its ad-
yancement- In this connection Judge
Zane cited United States vs.. Church.
Firth Utah Reports PIP. 376, 374. $40 and
$50; Mormon church vs.. United States.
Y. S 1876. pp; 50, 81, ~, So and Sc; United
81
Quotes Church Opinions.
Judge Zane quoted from opinions of
counsel for the church in the last named
case. in which Attorneys Richards and
Dickson represented the church. Citings
were also made from United States Re
porter $50 in the case of United States VS.
the church, pp. 145, 146 and 149, showing
that the church might hold such property
only as was needfu to church purposes.
Judge Zane contended that a religious
society was really a trustee of charity.
and within the jurisdiction of equity and
that gifts of tithing were for church pur-
poses and might not be diverted.
These contributions. gifts and tfthes
might not be used in the establishment
of sugar and salt industries. for building
railroads, maintaining pleasure resorts.
nor founding mercantile establishments
nor put to other commercial uses.
The object of a church in general and
of the Church of Latter-day Saints in
particular, was he said, TO promote the
purposes OF the church. TO worship God,
and not to engage in any secular business
In support of these statements Judge