Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-27
COURT DECIDES
AGAINST DOW|E
Notable Decree Returned by
y Justice Lands. a.
IN CHICAGO THIS MORNING
Alleged Apostle Does Not Own Zion
City
NOR ANY OF ITS INDUSTRIES
Refused to Appoint Alexander Grang-
er Receiver and Ordered an
Election for General overseer.
NOR ANY OF ITS INDUSTRIES

CagO that John Alexander. DOW1e
does not own Zion City and its in
dustries. He refused to appoint AL
exander Granger as receiver and or
dered an election for general over
seer.
CHICAGO, July 27.-Judge Lands of tho.
United States district court gave his deci-
sion today in the controversy between the
adherents of John Alexander Dowie and
Wilbur c. Yoliva over the property at Zion
City
The court holds that Zion City and its
Industries do not belong to Dowie-that
while the contributors of the funds did not
express formal declaration of trust
trust was created. and Dowie had no right
to treat the property his own.
The court refused to appoint Alexander
Granger receiver for the reason that Gran
ger made a vow recognizing Dowie as "a
messenger of the covenant the prophet
foretold by Moses and Elijah the restorer,"
to which vow "all family ties and obliga-
lions and all relations to human govern
ments shall be held subordinate"
The court said he was not obliged to re-
pose confidence in a man so constituted
that living in this republic he would Sc
renely VOW his readiness at all times to
abandon his family and betray his coun-
try
The court ordered election on the third
Tuesday OF September of a general over
seer, all members of the church residing
in Zion City. male and female, to have one
vote. He announced that suitable provision
would be made for Dowie on account of his
services as trustee
A Receiver Named.
John c. Hately was today appointed re-
ceiver OF Zion. His bonds were placed at
$25 900.
The adjudication in the bankruptcy pro-
ceedings against Dowe was set aside
The effect of the decision is TO place the
industrial affairs of Zion City in the hands
of the court through the agency of Mr.
Hately, while the churchs spiritual matters
will come under the supervision of the
Overseer to be elected in September.
Claims against Dowie are now claims
against the receiver
Mr. Hately is a member of the board eff
trade, a capitalist, and is active in chart
table and reform movements.
As to the election, Judge Lands assured
the litigants that he took the responsibility
for its fairness on his shoulders. Dowie
was not In court. Illness combining him to
his hotel. A number of members of the
church, however. who still cling to him
were present. w. G. Voliva and his faction
were numerously represented. Mr.. Voliva
refused to discuss the decision, but the
comment on both sides unoffcially indicated
satisfaction at the outcome. With hardly
any dissent the opinion was expressed by
those present in court that Judge Lands
had found a "horse-sense'' solution of the
problem. which would work for the inter-
ests OF the great majority of members of
the Dowie church.
A Sweeping Decision.
l. appears that Dowie, native of Scot
land. where he had received a theological
education, came from Australia to the Pa
cihc coast in 1888. and remained there a
number Of years engaged in church work:
from there he came to Chicago and. in $780,
undertook the Zion City enterprise in execu-
ton OF "A scheme conceived by him many
years before; that he purchased vast tract
OF land. part of which was subdvided and
laid out in park and residence property.
provision being made for manufacturing
sites. that the grantees of building lots
erected houses accommodating 5000 or
5000 people. that Dowie constructed school
houses and college buildings at a cost of
several hundred thousand dollars and a
tabernacle seating 1000 people. and that
a lace factory, soap works and other in
dCStral enterprises were established to
give employment to the Inhabitants of Zion
City. who were practically all members OF
the church. The financing OF this scheme
was accomplished. In part. by moneys re-
ceiyed from purchasers of lots under /. 100
year leases. but a large part of the capital
was money contributed to Dowie by per-
sens outside of Zion City.
Property Trust Estate.
The court then says:
1T IS a wel-recognzed principle of equity
that where a person accepts money in prop
erty to be used by him for the benefit of
some other person or persons or for the ad-
vancement of some lawful enterprise. such
money or property constitutes a trust es-
tate.
The Inquiry then Is did these offerings
come TO Dowie for his private purse OF did
the contributors intend that the funds
should be devoted to charitable religious
uses? II for any other purpose than the
purely personal beneft OF Dowle the estate
Is trust. 1t is the duty of the court to
get at the substance OF the thing. and In
certaiuing the purpose OF the gift the court
u not limited to an inspection OF documents
or other specific declarations of the parties
made at the ime. II their relation is one of
confidence, or II he who receives the money
Is In opposition OF influence over him who
gives the money, as for instance IL the per-
son receiving the money is the advocate OF
religious faith and by word and attitude
and environment induces a conviction in the
minds OF large numbers of people that as
fundamentally OF divine authority he
can relieve hin physical Ills and is clothed
with power to exert an influence upon the
spiritual welfare OF men and women who
thereupon give him OF their lands and
goods. surely the motive OF such gift ought
not long to remain a matter OF doubt in the
minds OF rational men.
Dowie's Words Quoted.
After quoting from Dowies official publ
cation. Leaves OF Healing. to show that for
six or seven years Dowie had declared In
the church and through the paper that he
Vas a trustee of the estate. 95 per cent OF
which he asserted. belonged to Zion.
whole" the court quotes a codicil to
Dowie's will executed in August. 1905, as
follows:
Tho remaining nIneteenth-twentieths of
said estate In my name which l hold and
have held in trust In said church. I do
hereby give. devise and bequeath to my said
successor In Office. to him or her and his
Or her SUCCESSORS I'm office. to be so admin
tstered for said church and the extension OF
Zion and the kingdom of God in conform
tg with the rule and practices OF said
church"
or this codicil the court says:
There Is no escape from the plain mean
ing OF these words the declaration Is un-
aualired and liz complete recognition OF
an existing trust obligation. No specious
construction could make anything else out
Of II. and for the jury to enter a decree of
private ownership would be to perpetuate
fraud"
As to who should be receiver the deci-
sion says: