The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-07-08

Npb ools
tbs hhere h property Is held In trust for
lne oenent OF q particular relicious de.
nornnnt,. nomlmation. the dissolution of the loyal
trust go long as the religious denomjnae
lon mas an oxistence-for IL In To n
%niot not 70 the corporators. that the use
linois, p. All. ''' 80
=. When a corporation is not organized
TO purchase land as I'm the relieioma and
euucatlonal corporation. etc. THE pur-
Shese OF land not needed in It's business
seIlinR er oRe =, mere ere pqrpose Of holding and
such a corporation purchase for any
other purpose that does not tend direct
~ TO carry out Its own legitimate OBJ
American & Eng. Ency OF Law, D.
In the absence of express charter OF
limited. BY the rule that it cannot
acquire property for a purpose foreign
70 tho object for which 1t wns created"
1T is well settled that no majority,
however large. can lawfully engage the
hrm against the Will of even one dis
senting partner In matters which II was
+, never intended that the firm should con-
cern itself, Thus the majority cannot
after the principle upon which profits
Arm In a different business. nor gen
orally make any change In matters pro-
vided for by tho articles OF partner
% Am. G Eng f ncy. of Law. pp. 12s
and 13O
What the Courts Say.
In his argument on the brief. Judge
Lane said The highest court of the
territory. the Supreme court of the
United States and Congress have all
declared I'm unmistakable terms that
this tlthing and these funds are held
for church purposes, and the courts,
when they finally came to dispose OF It,
after excluding polygamy, held that
this association, disincorporated as 1t
hed been, held this tithing and prop
erty for church purposes; and In the
last decree that was made 1t limited 1t
to charitable purposes. to the building
and repairing of churches, tabernacles
and other church purposes. and II was
done under a complaint that was much
more general than this. And the act of
Congress, in order to carry out the sug-
gestions of the courts. also limited TO
the same purposes, how much TO tenn
pies, how much TO meeting houses. tab
ernacles and missionaries, but they
rich and some poor, taking this amount
In general business. The idea Of church
authorities collecting 10 per cent of the
earnings Of their membership, some
rich and some poor taking this amount
and engaging in business, was there
ever such a spectacle presented In any
civilized country? Here are men that
ara tithed. and If they don't pay their
tithing they know where they stand,
under the belief that that church has
the right theory. if you please to call
It. OF religion, that theirs is the right
way In which to serve the Infinite God,
believing that and making use of that
principle or belief In the human SOUL
collecting money, IL you please. for salt
works. for sugar factories and for
drug store and the sale OF liquor, for
places of amusement and engaging IN
business of all kInds-the idea OF col
lecting tithing for that purpose! It
may be that this may be put off for the
present, but there will be a reckoning
hereafter This church cannot go on
this way; II must come within the Inn
It's that govern other churches In other
States.
Jraffics Under Gutse of Religion.
Corporations are always limited to
certain. objects and purposes and to
that purpose the business of the cor
pora tlon must yield. Take 1T, for In
stance, III InD Cdoe VI pa INV ohib.
Among the thousands OF decisions that
have been rendered enJoining members
in a partnership from transcending
their powers and holding them TO the
purpose of the partnership, you apply
either. By analogy the principles of
CORPORATION or partnership may be ap-
nlied TO this church and 1t is limited to
church purposes and no other. Here
is an association under the sulss or
religion. engaging in oil kinds OF ousl-
ness. all kinds OF speculation, all kinds
of trade and traffic. Taking that prin-
cInle that you may in determining the
mowers of the duties of this trustee.
YOU may consider the rules that apply
to CORPORATIONS and the rules that app
ply to partnership as II may seem most
appropriate, they are still limited.
INV friend won't dispute that the
church ts really an association; but he
eavs that notwithstanding 1t Is a relig-
ious association. IT may go outside ana
engage in other purposes than rehg-
ious A corporation may be dissolved,
a church survives, the membership sur
wives and they still arc cooperating to
carry out the purpose Of that church
IN y;orshiping according to It's doctrine
and disseminating its principles IN all
lands.
Mr.. Richards Is Captions.
.,A5r. Richards has pointed out many,
"a 7 think cautious objections. He
cayils a great deal at this complaint
because II hasn't got this In II or that
In It. because It don't say this OF 1t
don't say that. 1t seems to be an enort
- Drevent an answer In this case. In
th,s COMPLIANT these facts are we'll al-
legged. 1t is true that 1t calls Joseph F.
srnItb a trustee. In pleading, whenever
you state a fact you have the right to
state any intont or purpose that cnar-
octer,zcs that fact. He was regularly
annoInted OF course 1t is not neces-
sary 10 allege that he was appointed at
ony narticuIar meeting or any particu-
lar time. Tho fact that he is the trus-
tee of tho church is admitted because
~ "a alleged. Even IN criminal cases
fsct is alleged with the intent ana
when you come to civil cases you state
tbe fact that a person acquired piece
~ land, but with 1t you have right
Ia