The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-07-28

charity purposesi that tho amounts received
by him aggregated in somo yonrs $3.50, 0oo
that Dowio had not sought 10 mnss o private
fortune. but that he engaged in secular
pations in aid Of the propagation OF his re-
ugious doctrine, MS Dowio expressed it. For
God and humanity
The court then aays:
1T Is well recognized principle OF equity
that where & pcrson accepts money in prop.
er;y TO be used by him for the beneh. OF
somo other person or persons, or for tho ad.
Tancemont OF some lawful enterprise, such
money or property conktitutos trust estate
The Inquiry: then, is, did those offerings
tho contributors intend that the funds should
DC devoted 80 charitable or religious pur-
purely personal beneft OK bowie. tho ,", estate ate
Is crust. II is the duty OF the court to get
q substance Of the thing. and, In nscertain!ng
limited TO an inspection Of documents other
specific declarations Of the parties made at
tho time. II their relation is ono Of cont
dcuce, or, il who receives the money is in n
position of influence over him who gives the
money rs for instance II tho person recsiv'
ing the money is the advocate OF reli Gioue
faith, and by word and attitude and on
rironmont induces conviction in tho minds
OF large numbers OF people, that In.
strumentality of divine authority, he can, and
does relieve physical Ills and is clothed
with power 70 exer, an influence upon the
spiritual welfare OF mon and women who
lhcreupou give him of their lands aud goods,
suroly the motive of such gift ought not long
Of rational men. The fact that euch contri.
buttons came 10 him in tho form OF checks
and currency, through the mail and e1prese,
tion Of formal declaration OF trust does |
no, tend TO diycSt the transactions OF tho real |
character. IL is just as IL the contributor |
eitting in church pew had placed tho |
funds on tho collection plato passed 10 him
by deacon. Surely In such case, the court
would not decree that the person might put
the money In his pocket the alleged Scoro
OF no agreement TO the contrary, merely
because the contributor had failed TO arise
and oh nj ~ nj frf,g
snip from the pulpit,
Dowie's Specious Claim.
II would be dlfncult to conceive Of any
thing more inherently Inconsistent thnn
Dowles clcim OF private ownerrhip and his
admission OF trust obligation for the spiritual
welfare OF generations unborn. lie says
that because OF the wsy he ne cot II W he is aSso
.utely bound to turn II over to his successor
~ psrpetuty for the church. Now. n he ie
20 hnve q successor. that necessarily Implies
eis own representative capacity. for the In
aa"idual man can have no successor, And II
ne IL 20 pass II on tc his successor, how can
ne be az liberty 20 dispose Of II otherwise In
his luetme7
''lr. durlns his lifetime be came to divide
y up among his followers. or part with it ,
20 some other use he may, II l. were his
private fortune, his admitted obligation TO
future generations would by his own act hc
'hus made impossible OF fulfllrnent Obvious ,
ly, the theory advanced 10 bis behalf Is not ;
sound -
After quoting from powies official publ i
cation. Leaves of Healing. 10 show that for
fly or seven years. Dowie had declared In The !
caurch and through the paper that he was a c
trustee Of the estate. s5 per cent OF which !
he asserted. belonged TO Zion as whole ,,
he court quotes codicil 20 Dowies will
executed in August, 1905, as follows:
The remaining nineteen -tweDtieths OF
said estate in my name, which 1 hold and h
have held In trust, 10 enid church, do here >
by give, devise and be1ucath 20 my said sue 9
cessor in Office. 10 him or her and his OF her n
successors In Office. 10 be administered ot said y
church and the extension Of Zion and tho h
kingdom OF God, IN conformity with the rule q
and practices OF sold church q
or this codicil, the court ssys'
Trust Is Recognized, a
There is no escape from the plain mean !,
ing Of these words. the declaration is unQuali ! ~
fcd and is complete recognition OF eN- 9
sting trust obligation. No specious con- 3
strucrion could make anything else out Of II. .
and for the court TO enter decree OF pri- -
yate ownership would he to perpetuute a :
r-aud -" n
As 10 who should be receiver. the decision a.
says:
IT Is strongly insisted by vonva and his r
that tho defendant Granger be
continued in charge I do not concur IN this /
proposition. Waving all question as 10 L
irangers urhtness from the standpoint Of
his ability some time age he took vow
rom which / quote the following:
II vow in the name of God, my father
nnd OF Jesus Christ, his my Savior
,qd the Holy Ghost, that recognize John
Alexander Dowie.. general overseer in his
hreefod prophetic ofhcc as messenger
u the Covenant, the prophet foretold by A
Moses and Elijah the restorer; and promise A
% obey ell rightful orders issued by him,
md that all family ties and obligations and !
III relations 70 all human lives shall be held
subordinate to this VOW. This 7 make in
be presence OF God
Charges Treason,
The court says OF this vow:
1T is not my duty 70 express my con.
enpt for the that could exact or take A
his oath. But I nm not obliged 70 repose
uy confidence in constituted that M
wing IN this Republic, ne would serenely n,
'ow bis readiness at all times TO abandon his
amily and betray his country. al
Il will not appoint Alexander Granger w
md, in this connection, while l make no
,re;ense 10 technical learning In respect TO er
Fhat is good policy for this church organi- O.,
stion, l suggest that whoever ultimately pre- -
ails in the ecclesiastical controversy give
rompt and serious consideration TO the ques. 60
ion whether or not such an oath tends 10 ~
i've responsibility to tho church. and whether m
he church may justly expect court OF the oc
United States 70 long continue TO foster q ar
rust estate for the use OF a religious OF. in
aniz&tion whose conscience and intelligence h.
oes not csuss an unconditional disavowal W WH'
nd abandonment OF the obligation of dis M
oyalty.' tn
Election Is Ordered.
The court ordered an election 70 be held nc
n the third Tuesday Of September of gem te
raj overseer, under the election laws Of flli ge
ois, at which sll mails and female members m