The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-07-07

| Church of Jesus Christ is a church un-
| der the decisions OF the court and when
| they said II is a church. that an asso-
| citation is O church. then the courts had
| held that n donation to that church Is
| for religious purposes, that is the con-
clusion. The church is a religious as
! Sociation and has been for more than
! ten years preceding the commencement
| of the suit. He supposed 1t had been
! so for three-quarters OF a century, ana
| that tho members respectively had been
required TO pay one-tenth of their In
| comes as tithlng was q fact that could
not be denied. 1t was clearly stated.
| There was no rule of the church with
| regard to the disbursement of tlthcs.
| II thore was n rule the defendants
know what it was and could set 1t out.
No Money for Secular Purposes.
The church might be disincorporated,
Judge Zane averred, but the church
continued 10 receive the benefits given
10 the church and given solely for
church purposes. Judge Zane then set
out the purposes of the church society,
the building and repairing of temples
and other houses of worship, payment
of Its officers and agents. aiding its
missionaries. and other things, The
trustee could lawfully use the fund for
such purposes, but could not use the
money for secular purposes The law
ilNti 1lo uulltN dllu HIS ODllBdllplls AL
these allegations and paragraphs must
be taken together. 1t would not do, as
Mr.. Richards had done, to go over the
complaint and pick out parts and say
this was so and so.
s1,oOO,Ooo Year In Tithing.
For many years past tithng had been
received for church purposes. OF course
they were not permitted to go to church
headquarters and examine the church
books. He supposed they had books,
but for several years past the tlthing
had amounted TO more than S,0OO,0OO
annually. If that was not a fact 1t was
an easy matter for the defendants TO
answer. The church also is volun-
tary religious society and has no con-
stltution or bylaws and has no articles
OF associa tIon. OF course the court on
the opinion 1T rendered assumed that 1t
had a right, but 1t Is changed now SO 1t
makes a different case altogether. Nor
has the church adopted any rule gov
erning or regulating the tlthlng fund
except the general rule that It can only
be used for church purposes. That
was the rule that applied to all relig-
ious associations whether incorporated
or voluntary with articles and rules or
without them this rule held.
Where Money Is Invested,
Judge Zane then set forth that Jo-
seph F. Smith had invested as much as
$500, 900 per annum, and he supposed
that was low estimate in the follow
ing enterprises: Idaho Sugar company.
Salt Lake Knitting company, Utah Ma
tional bank, Lewiston Sugar company,
Utah Light and Railway company,
First National bank Of Logan, Home
Fire Insurance company. Consolidated
Wagon and Machine company, Ogden
Woolen mills. Provo Woolen mills. Des-
eret News building, Cache Knitting
works, Logan Knitting works, Rocky
Mountain Bell Telephone company,
ownership in rent of improved real
estate and the purchase of large tracks
of land In Canada and Mexico to pro-
vide residences for the church officials,
leaders and others. Now there 1T is set
out how the investment Is made He
supposed Mr.. Richards wanted him to
point to the written rule that was Vio-
lated. Why 1T is a violation of the law,
All legal principles are a definition.
They say this Is a fact and that fact
existing. The law is so and so and
SAYS give effect to It. Then II requires
this fact and that one to exist, and IL
one don't exist then there is no cause
OF action constituted.
Some cause of action may require a
large number of facts, this required
but a few facts. Plaintiffs were not
able to name the amounts invested in
each case and therefore prayed the
court that defendant be requested to
set out the respective amounts. That
was a usual thing In injunctions. That
action was a bill for injunction, not q
bin for accounting. 1t was for an or
der to restrain the trustee of the
church, limiting him within the scope
of the law.
Drugs and Other Things.
Since his accession to the presidency
1t was charged that Joseph +. Smith
had invested about 81. 900 in various
temporal and secular enterprises and
ventures, That was admitted. Some
was invested in mercantile institutions
and banks which were just as much
secular as 1t was for a man to open a
saloon, and there was the drug bus
mess where they dealt in drugs and
other things.
Judge Zane then dealt at length with
the gifts and donations, real and per-
sonal, received by the church from time
to time, the amounts being unknown to
the plaintiffs, who asked that the de-
PENDANTS be compelled TO make known
the amounts and that they be re-
strained from In any way diyeTting any
funds from their proper source.
Those were the facts. admitted by
the demurrer and the question was,
It state a case If proven7 II proven,
upon which the court would Issue an
injunction restraining this trustee from
violating the duties of his trust, plainly
pointed out by the law. and combining
all within the scope Of the authority
which the law gives him.
Judge Zane then proceeded to read
the brief prepared by him, arguing
each section as he proceeded as fol-
lows
Ground for Demurrer.
Defendants first and principal ground
OF demurrer To plaintiffs complaint is
that the facts stated does not constitute
a cause OF action.
This demurrer simply raises an issue of
law. 1t admits the facts stated in the
complaint. but denies that the law ap-
plicdble To those facts entities the plain
Tins 10 maintain their action.
1t is only necessary and proper to alleSe
s,. ~. la Inn a.