Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-07-27
Judge lands Decides That City
And Its Industries Don't
Belong 10 Him.
PROPERTY IS HELD IN TRUST.
John G. Ilatcly Appointed RcoeiNr
Election for Oyersccr Ordered
Third Tuesday, September.

itN N'Nt'i'al t"ANF 900 NH' 'fiANAN " ~
between the adherents Of John Alex
ander Dowle and Wilbur Voliva over
the property at Zion city
The court holds that Zion city and
It's Industries 10 not belong to Dowie
that while the contributors OF the
funds do not express a formal de-
Claralou Of trust. the trust was Great
"a and Dowie had no right TO treat
the property rs his own The court
refused to appoint Alexander Granger
receiver for the reason that Granger
made a VOW recognizing Dowie as "a
messenger OF the covenant. the pro-
phet foretold by Moses and Elijah
the restorer." 10 which VOW all fam
ily ties and obligations and all rela-
tios 10 human governments shall be
held subordinate" The court said ne
was not obliged 90 repose confidence
In man So constituted that, living IN
this republic. ne would serenely vow
his readiness al all times 10 abandon
his family and betray his country
The court ordered an election on
the third Tuesday OF September Of a
general oversehT. all members Of the
church residing IN Zion City. male
and female. 20 have one vote. He
announced that suitable provision
would be made for Dowle on account
Of his services as trustee.
Following is the decision:
JUDGE lands DECISION.
1T appears that Dowie. native Of
scotland where he had received a the
illogical education. came from Australia
10 the Pacific coast In 1855, and re-
NAMED there 70 number OF years, en-
gagged In church work; from there he
came TO Chicago and In 1899 under
took the Zion City enterprise IN exc
cution OF a scheme conceived by him
many years before, that he purchased
a vast tract Of land, a part Of which
was sub-divided and laid out IN park
and residence property provision being
made for manufacturing sites. that tho
grantees OF building lots erected houses.
accommodating 5000 or 5000 poople'
that Dowie constructed school houses
and college buildings at a cost OF sew
eral hundred thousand dollars and
tabernacle seating 1000 people. and that
lace factory soap works and other
Industrial enterprises were established
60 give employment &C the inhabitants
% Zion city, who were practically all
members OF the church The financing
of this scheme was accomplished. DE
part BY moneys received from pur-
chasers OF lots under l.l0O hundred year
leases. but a large part OF the capital
was money contributed TO DoWie By
persons outside Of Zion city
ORIGIN OF PROPERTY.
Dowie's testimony respecting the ORE
gin Of the property and his relation
10 IL is then quoted as follows.
u acquired this property by the gem
crosity OF good people throughout the
world. ! have looked upon the estate
as the result largely Of my own good
sense under God. the money came in
the form Of contributions from the
same common sOurce-the people an
over the world-mostly outside Of Zion
city ! believe the property 10 be- COM
pletely mine to do with as / please.
snd that no human being has any
claim or interest in Il. I consider
however. that the way got the prop
erty and the way in which / have IL.
binds me absolutely. when / have
ceased % control &C. 20 put Il in trust On
perpetuity for the Christian Catholic
Apostolic church. 50 that 10 shall e.
down 20 generations ia 90 good in that
line with the exception Of 2is per cent.
which I think is fair for myself and
my family ! did think per cent but
| have reduced q 10 81. aud am some
what inclined 20 reduce Il sun more"
After calling attention 10 the fact
that inasmuch as Noliva's 'cOnveyances
10 Granger we're IN plain violation OF
the spirit and intent Of DoWle's power
~ attorney 20 Noliva, which the court
holds, both Noliya and Granger well
knew. the court said.
AS between DOWie. Noliva ana
Granger these instruments were mere
waste paper"
DOWlE's CHURCH CAREER.
The cour, then traced DoWie's church
career beginning On Australia. down q
his work iu Zion CNy and found that
DoWie had Tor many years been IN re-
Ceipt 81 a large revenue. which he de-
voted 20 church and charity purposes:
that the amounts received by him az
grcEaied IN some years $3.50 600: that
Dowie had not sought 10 smass "a pri-
waite fortune: but that he engaged In
secular occupation On aid of the propa-
gallon Of his religious doctrine. as Dow
20 expressed %: For God and human
ity."
The court then says:
PROPERTY WAS \ TRUST.
1t Is well recognized principle 81
equity that where a person accents
money or property Co be used hy him
for the benefit Of some Oiher person or
parsons. or for the Advancement of
some lawful enterprise. such money or
property constitutes a yust estate.
'"rhe inquiry then Il did these Of
forinCs come 30 Dowic Tor his pri-
Nate purposes or dld the contributors
intend that the funds should be de-
voted 90 charitable or religious pur-
POSES n Tor any other purpose. than
The purely personal benefit ~ Dowie.
the estate i trust n Is the duty
81 the court 20 get 40 the substance Of
the Thing, and, IN asceriaining the
purpose ~ the gift. the court Is not
limited % an inspection ~ documents
ar other specific declarations 81 the
prati,s made at the time. n their
relation is one ~ confidence. or. if
who receives the money is ln posi-
ton OF influence over hip who gives
the money. as. Tor Instance. n the pcr-
son receiving che money Is the adV0-
cate 90 q religious faith and IN word
and attitude aud environment. Induces
conviction in the minds ~ large
numbers ~ people. that a. AN ingrl-
mentality n divine authority. be- can.
and does relieve physical ms. ana o.
clothed with power 20 exert nn iu-
lucncc upon The spiritual weiforo ~
men and women who theseupon give
him II their lands and goods. surely
the motive Of such gift ought not long
% remain a matter ~ doubt iu The
minds ~ rational men. The fact that
such contributions came 10 him On the
form ~ checks and currency through
the mall and express. the contrihu-
tor emitting 10 require the execution
81 a formal declaration 81 trust. does