Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-07-28

the property at Zion City.
The court holds that Zion CITY and
its industries do not belong to Dowie
The court refused to appoint Alexander
Granger receiver, and ordered an cleo
ton of a general Overseer.
The decision places the industrial af-
fairs of Zion City in the hands of the
court through the agency of Mr.. Hate
ly while the church's spiritual matters
will come under the supervision of the
oversecr to be elected in Septmbr.
AS to the election Judge Lands as
sured the litigants that he took the re-
sponsibility for its fairness on his own
shoulders.
John c. Hately was today appointed
receiver of Zion. His bonds were placed
at $4,000. The adjudication in the bank
ruptcy proceedings against Dowie was
set aside.
The following is an abstract Of Judge
Landis' decision:
1t appears that Dowie. 4 native of
Scotland, where he had received Il
theological education came from Aus
trala to the Pacific coast in 1883, and
remained there number of years en-
gagged in church work, from there he
came to Chicago and in 1899, undertook
the Zion City enterprise in execution of
4 scheme conceived by him many years
before; that he purchased a vast tract
of land, part of which was subdivid-
ed and laid out in park and residence
property, provision being made for
manufacturing sites; that the grantees
of building lots erected houses accom-
modatng 5000 or 5000 people: that
Dowie constructed school houses and
college buildings at n cost of several
hundred thousand dollars and a taber
nacle, seating 1000 people, and that a
lace factory, soap works and other in
dustrial enterprises were established
to give employment to the inhabitants
of Zion City who We're practically all
members of the church. The financing
of this scheme was accomplished in
Fart by moneys received from purchas-
ers Of lots under HOO years lease, but
a large part of the capital was money
contributed to Dowie by persons out
side of Zion City.
After calling attention to the fact
that inasmuch as Voliva's conveyances
to Granger were in plain violation Of
the spirit and intent of Dowie's power
of attorney to Voliva. which the court
holds, both Voliva and Granger well
knew, the court said:
"As between Dowie, Voliva and
Granger, these instruments were mere
waste paper"
The court then traces Dowie's church
career, beginning in Australia. down to
his work in Zion City and found that
Dowie had for many years been in re-
ceipt of n large revenue which he de-
voted to church and charity purposes;
that the amounts received by him ag-
gregated in some years $25O,000; that
Dowie had not sought to amass pri-
vate fortune, but that he engaged in
secular occupation in aid of the pro-
Dagation of his religious doctrine, or, as
Dowie expressed it: For God and hui
manity."
The court then says:
at is well recognized principle of
equity, that where person accepts
money or property to be used by him
for the benefit of some other person
or persons, or for the advancement OF
some lawful enterprise. such money
or property constitutes trust estate.
1.-The inquiry then is, did these offer
ings come to Dowie for his private
purse or did the contributors intend
that the funds should be devoted to
charitable or religious uses. If for any
other purpose then the purely personal
benefit Of Dowie, then the estate Is Il
trust. The fact that such contributions
come to him in the form of checks and
currency through the mail and express,
the contributor emitting to require the
execution Of a formal declaration of
trust, does not intend to divest the
transactions Of the real character. 1t
is just as if the contributor sitting in
church pew had placed the funds
on the collection plate passed to him
by a deacon. Surely, in such cases. the
court would not decree that the par
son might put the money in his pocket
on the alleged score of the agreement
to the contrary. merely because the
contributor had failed to arise in his
place and exact a pledge of trustee
ship from the pulpit. s
1T would be difficult to conceive of