The Globe-republican., 1906-08-02
is A TRUST ESTATE
Judge Lands Holds that John Alex
ander Dowie Is Not the Owner
Of Zion City.
RECEIVER WAS APPOINTED.
Neither the "First Apostle" Nor
VOliva Are to Have Control
An Overseer to BE
Elected.

Chicago, July 2S.-Neither John AL
exander Dowie, founder, nor Wilbur
Glen Voliva, present general overseer,
Is given the property estimated to he
worth from $12,OOO,OOO to $21 100000
in the decision handed down Friday
by Judge X. M. Lands, of the United
States circuit court, in the Zion City
case. Instead, Judge Lands declared
Zion City trust estate, named John
G. Hately, member of the Chicago
board of trade, receiver of the prop
erty and ordered the holding of an
election September IS when the peo-
pie of the Christian Apostolic church
in Zion City shall choose their over
seer. Judge Lands will decide later
what compensation Dowie will be al
lowed for his past services.
The nub of the courts decision is in
the ruling that contributions of prop
erty and money given Dowie was in
trust.
Judge Lands declared the convey
ance of the Zion City property by Vo-
Iva under power of attorney to John
Alexander Granger to be void. Judge
Lands quoted from writings of Dowie
to show that the latter had always
regarded the property of his church
as a trust. The adjudication in the
bankruptcy proceedings was also set
aside, so that pending litigation
against Dowie may automatically be
restrained until the entire litigation
is ended. Receiver Hatley's bond of
$4,000 was approved late in the after
noon by the court and he went imme-
diately to Zion City and assumed
charge of the property.
The court holds that Zion City and
its industries do not belong to Dowie,
that, while the contributors of the
funds did not express a formal de-
claration of trust, trust was created
and Dowie had no right to treat the
property as his own.
The court refused to appoint Alex
ander Granger receiver for the reas-
on that Granger made vow recos-
nising Dowie as "a messeger of the
covenant, the prophet foretold by
Moses, and Elijah, the restorer," to
which VOW "all family ties and OBJ
legations and all relations to human
governments shall be held subordin-
ate." The court said he was not OBJ
liged to repose confidence in man
SO constituted that, living in this re-
public, he would serenely VOW his
readiness, at all times. to abandon his
family and betray his country.
John c. Hately was appointed re-
ceiver. His bonds were placed, at $685.
600. The adjudication In the bank
ruptcy proceedings against Dowie was
set aside.
The court ordered an election on
the third Tuesday of September of a
general overseer all members OF the
church residing In Zion City, male
and female, to have one vote. He an
nounced that suitable provision would
be made for Dowie on account of his
services as trustee.
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 coma
under the supervision Of the overseer
to be elected in September. Claims
against Dowie are now claims against
the receiver. Mr.. Hately is member
Of the Board Of Trade, capitalist
and is active in charitable and reform
movements. AS to the election, Judge
Lands assured the litigants that he
took the responsibility for its fair
ness on his own shoulders.
Can't See the Books.
New York. July SO.--Application by
the minority stockholders OF the
WeIls-Fargo Express company for a
writ OF mandaml1s, compelling the
officers Of the express company to sub
NIT Its books 10 an examination, was
denied BY Judge White In Brooklyn.